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Firstly the Bible in Psalm 24:1 and I Corinthians 10:26 says, “The earth is the Lord’s and everything in it.”
As far as the earth is concerned, it belongs to God and that’s because He created it.
Then Psalm 115:16 says, “The heaven, even the heavens, are the Lord’s; but the earth He has given to the children of men.”
In the beginning in Genesis 1:26, God says, “Let Us make man in our image, according to Our likeness: Let them have dominion (rule) over the fish of the sea, over the birds of the air, and over the cattle, over all the earth and over every creeping thing that creeps on the earth.”
From this verse we can tell that God decided to give the management of the earth to man. We are to manage it for God. The authority to manage the earth was complete such that if man mismanages the earth he could lose it just like a CEO of a company managing a business on behalf of shareholders could lose the company through mismanagement.
When man sinned against God, he lost the power to rule the earth and the devil took over the earth as shown in Luke 4:5-6. The devil showed the kingdoms of the world to Jesus and said to Him, “All this authority I will give You, and their glory; for this has been delivered to me, and I give it to whomsoever I wish.” Jesus did not object to what the devil said to Him because He knew that Adam had delivered the earth to the devil at the fall.
After Adam and Eve disobeyed God, God never cursed man but the earth – Genesis 3:17. From that time the earth became sick and waits for its redemption – Romans 8:19-21. Even though God is the creator of the earth He has given the authority to rule it over to man. Our mismanagement of the earth can not be blamed on God. Our lives are tied to the earth.
In 2 Chronicles 7:14 God says, “If my people who are called by my name will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and heal their land.”
God works in the earth in response to our prayers. He has limited himself as far as the earth is concerned unless we invite Him through prayer. We pray not because God does not know our needs but because He respects our choices and will want to get involved when we ask Him. James 4:2 says,”…yet you do not have because you ask not.”
In view of all that has been said, suffering will always be with us in the world and most of it will be self inflicted because we are not managing the earth wisely and others just because of nature. There’s a reason why God gave the children of Israel laws governing the use of land (Leviticus 25:3-4).
In regard to the Haiti earthquake, scientists had warned the Haitian officials two years ago that their country was ripe for an earthquake (ABC News), but of course the time was too short to do much about it.
I say this to point out the fact that with technology we have the ability to detect some natural occurrences and can prepare for them. God says, “My people perish from a lack of knowledge.” (Hosea 4:6)
Geologists and seismologists agree earthquakes can be induced in five major ways: fluid injection into the Earth, fluid extraction from the Earth, mining or quarrying, nuclear testing and through the construction of dams and reservoirs (New Dawn Magazine).
With some of these perceived natural occurrences, could it be that we as humans are not managing the earth properly and when they occur we put the blame on God? Have we forgotten about Cause and Effect?
The last thing is that there are so many things that we won’t find answers to. For instance we might not know why good people, even Christians suffer.
The Association of All Nations Team Sports Supports (ANTS) says Zambia National Soccer Team Coach Herve Renard should resign should the team lose the crucial Zambia-Gabon encounter, on Thursday.
ANTS Secretary General (SG) Bob Kayukwa told ZANIS sports in Lusaka, today, that the Gabon encounter is a crucial one to be taken seriously, if Zambia is to qualify to the second round at the on-going in Angola.
“If Zambia losses to Gabon then Renard should resign. Why keep him (the Coach) for another term. This time around, Renard should use young fast players like Collins Mbesuma, Clifford Mulenga Reinford Kalaba, and Chintu Kampamba,” Kayukwa stated.
He said there was no need for Zambia to be defensive after scoring the first goal because it is a wrong tactic that put the Chipolopolo Boys in an undue pressure as there are high chances of making other ‘big’ mistakes.
He said Zambian players were nerves when they played the Indomitable Lions – Cameroon because of the likes of Samuel E’to but Gabon play skillful game like the Chipolopolo Boys.
He suggested that Given Singuluma, the CHAN Top scorer should be featured in the Gabon match if Zambia is to win.
Kayukwa said Zambia should not despair in the Gabon encounter but support the Chipolopolo Boys at all costs.
Zambia, which is in Group C has a draw and one loss. The Copper Bullets were held one all by Tunisia in their opening AFCON group match before the West African giant Cameroon defeated them 3-2, last night.
Zambia meets Gabon on Thursday while, Cameroon plays Tunisia on the same day.
Meanwhile, Kayukwa has arranged an aircraft for supporters who would like to travel to Benguela in Angola to watch the Zambia-Gabon encounter.
He told ZANIS sports that interested soccer fans should register with him at Dig-tech offices near COMESA market.
Kayukwa advised the fans to obtain a VISA and under-go a yellow-fever vaccine before traveling abroad.
KenolKobil Kenyan oil marketer KenolKobil Group has announced a 10.5 percent acquisition of a Zambian lubricants firm, as part of its quest to entrench its stronghold in the petroleum and related products business.
Mergers and Acquisitions and Regional Support Manager Patrick Kondo said on Monday that the additional shareholding in Lublend Limited which was made by its subsidiary Kenol Zambia had increased its stake to 25.5 percent.
“The new acquisition will give the Group more control of the management of the plant and will also give it more representation in the company’s board,” he said in a statement.
The stake was acquired from Chevron and followed an initial 15 percent buyout from Total Zambia in 2008. Since the acquisition, the Ndola-based firm has boosted its business by 47 percent and increased supplies to various sectors such as mining, industrial, transport and construction.
Mr Kondo said the move would strengthen the company’s market share in the lubricants business in Zambia and was in line with their diversification strategy.
This approach has seen the company nearly double its retail network in Zambia to over 25 within the last two years.
“Together with its recent entry into supplying the mining sector, Kenol Zambia is seeking to consolidate its market position as the number three oil company in Zambia,” the manager added.
There are plans to intensify Kenol Zambia’s interests in the mining sector within the Copper Belt region and help it reduce the dominance by the multinational oil companies, he disclosed.
“It is looking beyond the Zambian borders to the export markets of the Lumbumbashi area of DR Congo, Zimbabwe and Malawi,” he further pointed out.
This announcement came barely four months after the oil marketer assumed effective control of its subsidiary in Burundi making it the seventh member in the KenolKobil Group.
Read more: http://www.capitalfm.co.ke/business/Kenyabusiness/KenolKobil-tightens-Zambia-grip-3652.html#ixzz0cys5G2rj
Under Creative Commons License: Attribution Non-Commercial No Derivatives
Mweemba Area Development Association (MADA) says succession disputes of senior Chief Mweemba in Sinazongwe district have divided villagers who may attack each other if nothing is done to address the situation.
MADA chairperson, Edson Sikalongo, told ZANIS that government and responsible officers were behaving as though the situation over the succession was safe when two people have declared themselves as acting Chief.
In the deepening succession dispute, Lason Siasokwe and Ephraim Siatambika have declared themselves as acting Senior Chief Mweemba and they have each mounted the national flag at their homes.
Mr Sikalongo said the law enforcement officers and the Local Government and Housing Ministry should move in quickly to address the situation before a crime was committed.
He disclosed that the people in Mweemba area have also rejected the shifting of the Senior Chief Mweemba palace each time a chief dies.
The MADA chaiperson pointed out that the Mweemba people would also not accept a politically appointed chief as it happened in 1999 when Syacheye Madyenkuku was alleged to have doctored the appointment of senior Mweemba.
He said the appointment of the chief should be in accordance with the Zambian constitution on the act of chiefs’ article 127 where headmen have powers to appoint a heir.
Mr Sikalongo has called on the people in Mweemba area to be united in the selection of the senior Chief Mweemba.
Tension has mounted between the headmen that are supporting Mr Siasokwe and those that are supporting Mr Siatambika over the succession of senior Chief Mweemba who died in 2007.
The headmen that are supporting Mr Siasokwe have been threatening to shed blood if their fellow headmen continue to support Mr Siatambika.
The Anti- Voter Apathy Project (AVAP) has commended the Electoral Commission of Zambia (ECZ) for announcing the date of the long waited continuous voter registration.
Speaking to ZANIS in an interview in Lusaka today, AVAP Executive Director, Bonny Tembo said the exercise would help people acquire the voter’s cards and vote in future elections.
He said AVAP had received the news with gladness especially that it has taken so long for the date to be announced.
Mr. Tembo said Statutory Instrument number 55 of 2001 empowers the commission to conduct this exercise but has not been able to do so since 2001 due to inadequate funds.
He said stakeholders were getting concerned over the prolonged delays despite continuous calls to have the exercise commence.
He noted that the announcement would help to build the confidence of stakeholders who include politicians on the credibility and the operations of the commission
Mr. Tembo, however, said the change in the methodology from the traditional to the newly devised digital mobile registration might affect the registration process as people are not familiar with it.
He has since advised the ECZ to enhance its voter registration and mend all the loopholes that might create problems in the exercise.
Mr. Tembo has also advised political parties to take advantage of the announcement and sensitize their members to get the voters cards.
He said ECZ should update the voter’s registers by removing all the deceased and those who have relocated to other places.
Meanwhile Mr. Tembo has called for the establishment of the Voters’ Registration Trust Fund where government and the donor community could put their money meant for the voter registration exercise.
He has also appealed to the donors to sponsor civil society organizations to help ECZ sensitize the public before the continuous voter registration commences in June.
Mr. Tembo added that his organization would help ECZ to sensitize the public on the need to be registered with particular focus in the rural areas where people do not have adequate information.
The Electoral Commission of Zambia has today announced the date for the commencement of the continuous voter’s registration.
ECZ Chariperson, Justice Florence Mumba announced that the exercise would commence in June and will continue until September this year.
Justice Mumba made the announcement at a meeting with officials from political parties’ in Lusaka today.
Chingola Youths enjoying roasted goat meat at Chingola’s Town center bus Stop.
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Chingola’s Town center Makeshift Shops
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Chingola town center market
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Catherine Pwenene a widow in Choma’s Kababana compound in Southern Province explains how her swollen legs have troubled her since she lost her husband.
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Picture from blogger : Kamwala Train Accident Victim - The man in the picture was hit by a train on sartuday 09 2010.This happened at the rail way line behind downtown Spar near Kamwala at around 1130 he sustained a few injuries but survived.
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A pirate taxi that was damaged after ramming into a wall when it was being pursued by traffic police officers in Kabwe
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A traffic police Nissan Hardbody van that was damaged after hitting a wall when pursuing a pirate taxi in Kabwe
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Chipata compound residents protesting against illegal land allocation in Lusaka. This was at the MMD Lusaka district offices
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Zambia Women National Soccer team players in training at at Lusaka club
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Left, right...police officers escorting LIONS club members during an awareness walk in Lusaka
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Patrotic front Leader Michael Sata captured at Northmead shopping centre driving an old Mercedez Benz car with a passenger who was hiding her face
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President Banda greets 29 year old MMD cadre Orsten Chilumbi at Lusaka international airport
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President Banda with President Joseph Kabila of DRC in Mozambique
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Zambia Red Cross Society General Secretary Charles Mushitu (r) and public relations manager James Zulu (l) talk to journalists on the Haiti earthquake aid appeal in Lusaka
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Zambia Women National Soccer team players in training at at Lusaka club. The team was recently beaten 6-0 by South Africa
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An unidentified female electrical engineer captured repairing high voltage power lines in Chipata
The Foundation for Democratic Process (FODEP) has commended the major political parties in the country for resolving to hold their convention before the 2011 tripartite elections.
FODEP Information Officer McDonald Chipenzi told ZANIS in an interview in Lusaka today that the move by the political parties is a step forward in the development of democracy in the country.
Mr. Chipenzi said the decision by most of the political parties to hold their convention is a symbol of the extent of the freedom of expression that exists in most political parties.
He noted that conventions are important because all party members are given equal opportunities and chance to contest all positions in the party.
Mr. Chipenzi said there is need for all political parties to hold conventions because this further strengthens intraparty dialogue.
He urged all political parties to consider all party members as equal partners in the development of their respective parties.
Mr. Chipenzi said conventions have a tendency to unite party members and later gives them confidence in their leaders.
He appealed to all the political parties that are yet to hold their convention to speed up the process.
ZANIS
Patriotic Front leader Michael Sata has written to President Rupiah Banda demanding thorough investigations into the alleged payment of K3.5 billion to vice president George Kunda’s law firm.
In a letter to president Banda dated 18th January, 2010 and copied to Mr. Kunda made available to QFM Today, Mr. Sata says in the case of Development Bank of Zambia vs. Sun Pharmaceutics limited which was represented by Mr. Kaunda’s law firm, the court made an order to the effect that parties to the proceedings shall bear their own costs.
Mr. Sata however says contrary to the court order, the Ministry of Finance has now paid to George Kunda and Company from the treasury the sum of K3.5 billion as legal costs.
He adds that the record of payment is available at the Ministry of Finance and Development Bank of Zambia.[quote]
Mr. Sata says it is a joke and a scandal for whatever justification one may wish to offer that in a country where more than 80% of citizens are unemployed and go without food government can pay one law firm the sum of k3.5 billion of public funds with impunity.
And Mr. Sata says that though his party is not participating in the national constitutional conference, he will see to it that a right constitution is made for the people of Zambia.
Mr. Sata has since maintained that the only way Zambia will be able to usher in Presidents in the country is through the 50 1 voting system.
He was speaking today on QFM during a special interview.
The book of Revelation in the Holy Bible, figuratively illustrate dramatic episodes indicating the begging of the end. In Matthew 24:3 Jesus was asked, “…tell us, what will be the sign of your coming, and of the end of the age?” Ingenuously, Jesus told his apostles to look for the following indications:
1. WARS: Matthew 24:6 “…and you will be hearing of wars and rumors of wars… for nation will rise against nation and kingdom against kingdom’
Unquestionably, news and rumors of wars make today’s news headlines. The world over many people are been killed in cruel and brainless conflicts, with death toll rising each passing day.
2 FAMINES: Matthew 24:7 “…in various places there will be famines and earthquakes.”
The world is ravaged with poverty, epidemics and undernourished population. With threats of drought and extreme whether patterns the problem may even escalate in the near future.
4. EARTHQUAKES: Scientific records show that, the number and intensity of earthquakes is at a higher level now than any other time in our known human history.
Going to the gospel of Mathew, it seems to me that we have lived the conditions to warrant us see the end of the age as foretold by Jesus. Famine, epidemics, floods, volcanoes and earthquakes, our generation has seen them all. Some brutal wars have being fought in all comers of the globe; in Afghanistan, Sudan, Sierra lione, Liberia, Iraq, Israel, Pakistan, Palestine even in the biblical chosen land of Israel blood has been shed. If these trials and tribulations have not been enough to satisfy the end of time then we should embrace for more ‘Holycausts’.
In any case an earthquake by any magnitude leaves unbearable and devastating results on humanity. The magnitude 7.0 earthquake recorded in Haiti this week has killed thousands of people and destroyed livelihood and hopes of those who survived it.
But, why should tragedies really have to indicate the coming of a righteous Kingdom?
Someone might be saying, ‘thinking like this, is lack of faith and sheer work of the devil himself’. -Hell no. I just find it difficult to understand why in the first place God allows calamities to happen. Scientists are now frustrated and developing a device that can detect occurrences such as earth quakes and one day might try to find a way of stopping them. It only makes me believe that God has already that knowledge and power, but for some reason, He chooses not act, though 1 Peter 5:7 states ‘God hates wickedness and suffering’.
On the contrary there are many untold suffering that God has allowed to happen -including the Holocaust, the Tsunami and the Rwanda genocide to mention but three. I have constantly strived to seek the reason-why. In my quest, I have even attempted reading chapter 11 of the book ‘WHAT DOES THE BIBLE Really TEACH? , by the Watch Tower Bible Society, word by word and read between the lines, and yet don’t really find a satisfactory answer to Why God permits suffering. Do you really know?
Zambia’s chances of a first Africa Cup quarterfinal place since 1996 dimmed after they crushed to Cameroon on Sunday in Lubango who yet again taught their opponents what it means to have a winning mentality.
It was typical Zambia display of early passion before needlessly capitulating thrown in with poor tactical changes by Herve Renard.
Jacob Mulenga put Zambia ahead in the 8th minutes as the team dominated Cameroon in the opening 45 minutes of the game.
However, injury playmaker Rainford Kalaba and the departure of Felix Katongo who was replaced by Isaac Chansa in the second half failed to give Zambia any dynamism.
Kennedy Mweene too was a culprit in Zambia’s defeat when he suffered a bout of the Nayim a la David Seaman when he failed to deal with a Geremi thumped ball in the 68th minute.
Stopilla Sunzu found out what a cunning Samuel Eto’o could do when the inter-Milan striker made it 2-1 in the 71st minute.
Christopher Katongo who had been blowing hot and cold throughout the match stole some undeserved glory when he converted a penalty won by Mulenga after an ugly challenge from Cameroon goalkeeper Idriss Kameni in the 82nd minute.
Mahamadou Idrissou headed in the winner on 85 minutes to cap an impressive display by him after coming on in the second half.
Zambia switch camp to Benguela today where they will face Group D leaders Gabon on Thursday in a simultaneous kickoff with that of Cameroon and Tunisia in Lubango.
Meanwhile Gabon drew 0-0 against Tunisia to remain top on 4 points while Cameroon are number 2 with 3 points, Tunisia are 3rd on 2 points and Zambia bottom on 1 point.
A 13 year-old boy has been killed by a crocodile on Lake Kariba in Sinazongwe district.
Nangombe ward Councilor Robson Sialukowa confirmed the development to ZANIS that the boy identified as Junior Siamangaba of Kaduku village in Chief Sinazongwe’s area was killed while fishing on Lake Kariba.
Mr Sialukowa said the boy went fishing with his friends and the crocodile grabbed him while he was on the shores of the Lake.
He said the boy whose body is laying in Maamba Hospital mortuary was a grade five pupil at Siamuyala Basic School.
Last December a 42 year old man was killed by a crocodile on Lake Kariba barely a week after when another 12 year old boy was killed.
The Ward Councilor noted that people in the area have continued to leave in fear of the crocodiles that have become a danger to their lives.
He has appealed to the Zambia Wild Life Authority (ZAWA) to quickly move in to crop the reptiles before more lives are lost.
Motorist in Mongu queuing for petroleum at Kobil filling station .
The Private Sector Development Association (PSDA) has predicted that the recent 15 percent hike in fuel pump prices has a possibility of affecting the cost of doing business in the country.
Association Chairperson Yusuf Dodia says the increase is also likely to affect prices of most goods and services.
Mr. Dodia told ZANIS in an interview in Lusaka today, that due to the rise in fuel prices, the cost of many consumer commodities will also go high by more than 15%.
He noted that the Tourism, Manufacturing and Agriculture sectors are some of the industries that will adversely be affected with adjustment in fuel prices.
He explained that in the agriculture sector, it will mean that the cost of transportation of both farming inputs and produce will change while in manufacturing production costs will be adjusted upwards.
Mr. Dodia charged that the hike will also negatively affect economic activities resulting from reduced business due to high prices of acquiring and transporting of raw materials in and outside the country.
He further added that the country will also fail to compete favourably in the region trade through the Common Market for Eastern and Southern (COMESA) customs union because of the high costs that will come with exporting of finished goods to other countries in the region.
On 12th January 2010 the Energy Regulation Board (ERB)) announced an increase in fuel pump prices.
Meanwhile, Mr. Dodia has advised government to ensure that the privatization of ZAMTEL is done in an accountable and transparent manner for the benefit of Zambia.
Reacting to Patriotic Front leader’s remarks that he will nationalize ZAMTEL once voted in to power next year, Mr. Dodia said they will be no need for Mr. Sata to nationlise the company if an equity partner is found in a transparent manner and work in accordance with the guidelines of improving operations at the institution.
He noted that this is why government should strive and ensure that a partner is selected on merit to save the interests of Zambians.
Hundreds of Mpulungu residents yesterday flocked to Mpulungu High School in a bid to obtain themselves National Registration Cards (NRCs) in the ongoing mobile issuance of registration cards.
The residents, mostly youths who started assembling at the mobile registration center from as early as 06:00hrs were by 08:00hrs still found patiently waiting for the registration officers to begin the exercise.
District registrar David Simfukwe said the issuance of NRCs in Mpulungu central had been long overdue, adding his officers were geared to conduct the exercise.
Mr Simfukwe said the aim was to capture as many citizens as possible.
He has appealed to Mpulungu residents to turn up in large numbers to obtain NRCs.
THE dismissal of an application for judicial review against Director of Public Prosecutions (DPP) Chalwe Mchenga’s decision to withdraw an appeal challenging former president Frederick Chiluba’s acquittal does not come as a surprise.
man of the moment...Director of Public Prosecutions Chalwe Mchenga (l) listens Justice deputy Minister Todd Chilembo after launching a lift at the ministry of justice
This is because the issues raised centre around the powers of the DPP, which are enshrined in the Constitution and on the separation of powers, which are an embodiment of constitutional democracy and governance.
Patriotic Front (PF) Munali Member of Parliament Mumbi Phiri, through her lawyer Wynter Kabimba, had sought an order of certiorari to quash the DPP’s decision to withdraw a notice of appeal against the acquittal of Dr Chiluba on theft charges.
This was in so far as the withdrawal purported to decide or suggest that the public prosecutor could not exercise a right to appeal the judgment of a subordinate court in a criminal matter by himself and/or without express authority of the DPP.
But High Court Judge Justice Phillip Musonda threw out the application, which he said was ill-fated from the very beginning as it was seeking an order from the court to force the DPP to appeal.
According to Justice Musonda, the application flew in the teeth of the Constitution and in particular Article 56(5) that confers powers on the DPP to function to the exclusion of any other person or authority.
Furthermore, it was an attempt at blurring the separation of powers on which constitutional democracy was anchored because the court was being asked to reach a decision that would amount to judicial legislation.
In the court’s view, the legislative authority lies in Parliament, while on its part, the court’s role is to interpret the laws as they are. “It (the application) was an action based on a serious misunderstanding of the judiciary’s role in constitutional interpretation. One of the foundational values of the rule of law is that the judiciary should interpret the law without fear or favour no matter whether the judiciary agrees with that provision or not,” said Justice Musonda.
Which is precisely why in an application for judicial review, the court is careful never to substitute its own opinion or of individual judges for that of an authority constituted by law to decide on matters in question.
The remedy of judicial review is concerned principally with reviewing, not the merits of the decision but the decision-making process.In which case the court will primarily concern itself with whether a person or particular authority acted ultra or intra-vires.
Has the decision maker acted within his powers? Does the decision-making process entail the application of natural justice? Those are questions the court will ask. If the person or body acted within jurisdiction, respecting the demands of natural justice, the courts will not interfere with the decision; even if the decision was in some respect wrong.
In the Mumbi Phiri application, the grounds for judicial review were that the withdrawal of the appeal was an illegality and wednesbury unreasonable. Illegality to mean that the decision-maker did not understand correctly the law that regulates his decision and failed to give effect to it.
Wednesbury unreasonableness (also referred to as irrationality) applies to a decision, which is so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.
The decision has to be “so absurd that no sensible person could ever dream that it lay within the powers of the authority” Because of this the standard of reasonableness imposed by the courts is high.
Now, in the case of the DPP, it is within his authority to under Article 56 (3) as the person charged with the administration of criminal justice to institute or undertake, take over and continue or discontinue proceedings or appeal.
In order to exercise his functions, the DPP enjoys sovereignty. He is not obliged to consult anyone not even the Attorney General. Article 56(7) states that he may bring a case to the attention of the Attorney General and may act accordingly but this is discretionary, it is not mandatory.
He has a right to make a decision whether right or wrong, that is his constitutional mandate. In his deposition the DPP said (and even when he was not obliged to explain) he was satisfied that the appeal was unlikely to be successful. Many may disagree with him but would that amount to absurdity?
The court said the DPP was merely exercising his powers under the Constitution and as such could therefore not be wednesbury unreasonable.
Similarly, arguments that the notice of appeal purportedly lodged on behalf of the DPP on August 24, 2009 by public prosecutor Mutembo Nchito was binding because he acted as a delegate of the DPP could not hold.
Mr Kabimba had cited the case of the People v Julius William Banda where the court ruled that a police public prosecutor had authority to lodge an appeal on behalf of the DPP. He further argued that there were neither express nor specific instructions from the DPP to Mr Nchito to withdraw the appeal and that by withdrawing the appeal the DPP fell into error of law.
Admittedly, the constitution does permit the DPP, in the exercise of his powers, to do so himself or by a public officer or any class of public officers who will act with his general or specific instructions.
In this vein, Mr Nchito was an agent of the DPP but as Counsel representing the DPP and the Attorney General pointed out, under Section 86 of the Criminal Procedure Code, Mr Nchito was subject to the express directions of the DPP.
The position of the DPP has common law ancestry all through the Commonwealth and the reason behind the apparent discretionary power ‘overload’ is so that the DPP can be given such latitude to make independent decisions without undue influence from any quarter.Which is why he enjoys security of tenure under the Constitution. The DPP can vacate office upon attaining the age of 60. His removal on any question of incompetence, misconduct or inability to perform due to infirmity must be subjected to a stringent and laborious procedure.
The president has to appoint a tribunal consisting of a chairperson and not more than two persons holding high judicial office. The tribunal shall inquire and advise the president accordingly. The question the court asked is, if he Mutembo Nchito is an agent of the DPP, how then can an agent override his principal or a delegate of power overrule the delegator of that power?
“Can a minister to whom legislative power is delegate override the National Assembly, if it were so there would have been no committee on delegated legislation to scrutinise statutory instruments. In this particular case the public prosecutor would have power to override article 56(5) as he could be able to control the DPP. I find such reasoning disingenuous and contrary to the intention of the framers of our Constitution,” said Justice Musonda.
The court ruling seems to agree with some legal reasoning that in fact it was the Public prosecutor through the Taskforce on Corruption that had usurped and had all along been usurping the powers of DPP.
Finally, Zambia being a country of Constitutional supremacy every person and body without exception is subject to the Constitution. No one is above the law- the judiciary inclusive.
The same Constitution is categorical and extensive that no person or authority should interfere in the exercise of the DPP’s power. Neither the court nor any other body has the power to interfere with the work of the DPP. Hence Justice Musonda’s comment: “The DPP has power, which cannot be questioned by a court of law to terminate proceedings … how then can the court question his decision not to appeal? Whether the DPP powers to institute or terminate criminal proceedings–which cannot be interfered with-are under pinned by legal, logical or constitutional necessity is not for the court to say.”
And if the problem related to the “over” broad independence granted to the DPP’s office that was not a matter for the Court to decide. Judge Musonda said it was up to the framers of the Constitution-the elected representatives of the Zambian people to deal with.
As for the courts the constitutional provision is clear and unambiguous. “To reach the other decision will amount to Judicial legislation and will violate Article 62 of the Constitution which lodges legislative sovereignty into parliament. If the court ignored the law, that will amount to “judicial tyranny”. If the court as guardian of the Constitution violates the Constitution what will stop other organs to violate the constitution and other laws. Where the law ends, tyranny begins”
The court is always mindful about the parameters in so far as it can make judicial intervention in administration and what has come out clearly in this application for judicial review is that the court will shy away from substituting its view for that of the administrative authority. Above all, the court will always guard jealously its judicial independence.
