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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.
THE National Constitutional Conference (NCC) delegates have been advised to be judicious as they vote on the 50 per cent plus one clause tomorrow because of the provision’s cost implication and its potential to cause chaos.
And Home Affairs Minister, Lameck Mangani has accused Patriotic Front (PF) leader Michael Sata of having grown cold feet because he knows that President Rupiah Banda has become more popular in various parts of Zambia.
Leadership in Development executive director, Moses Kalonde and MMD Eastern Province chairperson, Kennedy Zulu said separately yesterday that the commissioners should take the interest of the nation first.
Mr Kalonde said in a statement in Lusaka that the delegates should be cautious because 50 per cent plus one threshold for a winning president was dangerous and difficult for one presidential candidate to attain.
“The 12 million Zambians have put all their trust in them as delegates. They ought to know that this document, which will be produced, is a very important one,” he said.
He said it was expensive to conduct a rerun in an event where no candidate emerged winner adding that such resources could better be channeled for other development projects like building schools and clinics.
Commenting on the issue from Chipata, Mr Zulu said Mr Sata should not be in the forefront championing the 50 per cent plus one clause because he had refused to be part of the NCC.
Mr Sata was yesterday quoted as saying that the 50 per cent plus one clause in the Constitution is the only way to stop President Banda from dubiously winning the 2011 presidential elections.
The NCC delegates are tomorrow expected to vote on the matter after they failed to reach a consensus last Thursday.
But Mr Zulu said the country should continue with the simple majority system or first past the post because the 50 per cent plus one system could create chaos in Zambia.
He said the delegates to the NCC should drop the 50 per cent plus one clause and should not listen to people who wanted to rush to State House at all cost. Mr Zulu said the commissioners should be wary of people like Mr Sata who wanted to ride on the clause.[quote]
In an interview in Lusaka yesterday, Mr Mangani charged that the 50 per cent plus one clause for the election of the Republican president did not guarantee democracy and wondered why Mr Sata had all of a sudden grown cold feet despite his claims that he was popular.
Mr Mangani said it was a well-known fact that Mr Sata was scared of President Banda and was now crying the loudest about the 50 per cent plus one clause.
Mr Mangani said the clause could injure both ways and wondered why some critics who did not want to be part of the NCC were now trying to mislead the public by making them believe that the 50 per cent plus one clause was the best model.
He said unwarranted attacks on President Banda would not deter him from delivering on his campaign promises and it was for this reason Mr Sata was now trying to use the 50 per cent plus one threshold to win public sympathy.
Fishing boats Mpulungu at HarborA BITTER dispute over land has erupted between senior chief Tafuna of Mpulungu and Mbala Municipal Council.
Senior chief Tafuna has since written to Northern Province permanent secretary Mwalimu Simfukwe to compel the District Commissioner and the Town Clerk for Mbala to appear before him (chief Tafuna) within 14 days.
In an interview, senior chief Tafuna’s personal representative Chomba Sikazwe alleged that the DC and the Town Clerk for Mbala have grabbed his land located between ZAF (Mbala) and Maround compound.
Mr Sikazwe further alleged that the two government leaders had even gone ahead to allocate plots on the said piece of land and had been claiming that they legally obtained the land in question from the senior chief but have failed to present documents to confirm how the piece of land was issued to them. He said the senior chief suspects that the piece of land might be used for personal benefits.
typhoidTyphoid has broken out in Luanshya and one person is reported to have died while 25 others have been hospitalized.
Luanshya District Health Environmental Technologist Raymond Mukonde disclosed the development during an urgent epidemic preparedness committee meeting held in the District Commissioners office on Jan 15th.
Mr. Mukonde said Roan hospital has 9 cases while Luanshya mine hospital has 19 adding that Thomson hospital has no facilities to diagnose typhoid.
He, however, said that there were two suspected cases at Thomson hospital.
He said that epidemic is likely to spread to all the parts of the district if Kafubu Water and Sewerage Company does not chlorinate and repair the leakages on their supply pipes.
Mr. Mukonde said his office had carried out tests on samples of tap water in the affected areas of Mpatamatu and Roan townships and discovered that the water was not fit for human consumption because it had bacterial contamination.
And Luanshya mine hospital chief medical officer Dr. Borniface Zulu said the water utility company should strengthen chlorine dosages, unblock sewer lines and repair leaking pipes to avoid the spread of the disease.
Luanshya District Commissioner George Kapu said there was need to sensitize residents in the district over the need to boil and chlorinate their drinking water.
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President Rupiah Banda has left the country for Kigali, Rwanda where he is due to hold talks with that country’s President Paul Kagame.
The two Presidents are expected to discuss issues concerning the security in the Great Lakes Region.
President Banda left Lusaka international Airport at 14:50hours aboard a presidential challenger and was seen off by Vice President George Kunda, Service chiefs, Cabinet Ministers, government officials and MMD carders.
President Banda, who is Chairman of the International Conference on the Great Lakes Region (ICGLR), will meet President Kagame as part of his final consultations on the security situation in the Great Lakes ahead of the African Union (AU) ordinary summit of Heads of State and Government scheduled for month end in Addis Ababa, Ethiopia.
The President is expected to present a report to the summit on the security situation in the Great Lakes Region.
President Banda and his delegation are expected to return to Lusaka after the meeting with his Rwandan counterpart, which is scheduled for Monday.
Last Friday, President Banda held similar consultative talks with His Excellency, Mr. Joseph Kabila President of the Democratic Republic of Congo (DRC) in Maputo, Mozambique.
And while in Maputo, President Rupiah Banda observed that continued political squabbling in Zambia might retard national development if it is not stopped soon.
President Banda said Zambians should avoid spending more time on arguing about politics but should instead work hard and plan towards economic development.
He has therefore urged Zambians to unite on issues that relate to national development regardless of their political party affiliations.
He told ZANIS in Maputo last week that Zambia and her citizens should mature politically by concentrating on developing the country and avoiding politicking at the expense of development.
A DISCONTENTED member of the Patriotic Front (PF) has left the opposition political party and condemned its president Michael Sata’s statement that he will re-nationalise companies that are being privatised.
Mubanga Chileshe said such statements could cause consternation in the private sector and among potential investors.
Mr Chileshe, who announced his resignation in a statement to PF secretary general Wynter Kabimba, urged Mr Sata to desist from inflammatory statements against investors because that could stir economic instability.
Mr Chileshe was beaten with Samson Zulu on June 5, 2009, by suspected PF cadres and bundled into a motor vehicle in the middle of a press briefing they held to question the party’s policies.
He wondered what would stop Mr Sata from re-nationalising the mines if he could talk of reversing the engagement of a strategic partner in Zamtel.
He said Zamtel needs to be revitalised through the engagement of such a strategic partner.
“MTN and Zain are new on the scene, but they are doing far much better than Zamtel. We don’t need to sell it off completely, but it’s necessary that a strategic partner comes in to boost the operations of Zamtel,” Mr Chileshe said.
He said it is unfortunate that Mr Sata is talking about the re-nationalisation of state enterprises at a time the mines are just recovering from an expedited privatisation process.
Mr Chileshe wondered what solution Mr Sata would offer to issues arising from privatisation when he was Minister Without Portfolio when then President Frederick Chiluba’s administration started the privatisation of state enterprises.
“The mines are just recovering from a rushed privatisation during which Mr Sata was Minister without Portfolio and Mr Hichilema (United Party for National Development president) was a consultant on privatisation. How can he say that he has a solution to privatisation?” Mr Chileshe said.
He said Mr Sata should have challenged privatisation when he was in Government because his position was as good as de facto vice-president.
Mr Chileshe urged politicians to be careful with the statements they make on national issues.
Meanwhile, Mr Chileshe said he has decided to leave PF because there is no commitment from the party leadership to addressing alleged escalating violence.
He said the recent harassment of a party member, Oppa Hamiyaza, by suspected PF cadres when he was expressing divergent views on Mazabuka FM was evidence of growing intolerance in the party.
Mr Chileshe said the press briefing he co-hosted with Mr Zulu was in good faith because they wanted the PF to address certain issues so that the party forms the next government.
“I had the democratic right under the Zambian constitution to express myself over these concerns. Unfortunately, this resulted in my being beaten, assaulted and kidnapped in front of cameras and full view of journalists and police officers,” Mr Chileshe said.
At the press briefing, Mr Chileshe and Mr Zulu voiced out the need for the PF to have a national convention and make amendments to party constitutional provisions, which they feared are allegedly undemocratic.
In reaction to Mr Chileshe’s resignation, Mr Kabimba urged Mr Chileshe to go and partner with a party that has no rules.
Mr Kabimba said he has never known an organisation that accommodates people who betray its cause or rules.
He said the PF was not undemocratic as Mr Chileshe was claiming, because if it were, it would not be growing and winning elections.
Mr Kabimba said PF is the only political party that is growing and the public has growing interest in it.
He said the PF will be holding a general conference before the end of this year to elect national leaders in a democratic manner.
The conference will follow elections from the section up to provincial level.[quote]
Mr Kabimba said he released party election rules a few days ago for the lower organs to follow.
He supported Mr Sata’s statement that the party will re-nationalise Zamtel if it comes into power.
Mr Kabimba said the PF supports privatisation which benefits the people.
And in an interview yesterday, Mr Chileshe said the PF is not short of leaders for Mr Sata to court Mr Hichilema for presidency if he wanted to hand over power to a younger person.
Mr Chileshe said the PF-UPND pact will crumble because their memorandum of understanding (MoU) does not state how they will share Government positions if elected into power.
He said there is no guarantee that if one wins, he will appoint the other as vice-president if that is not enshrined in the MoU.
