Wednesday, May 14, 2025
Home Blog Page 5147

Petition to remove chief Justice Ernest Sakala thrown out

98
Chief Justice Ernest Sakala
Chief Justice Ernest Sakala

The Lusaka high court has dismissed a petition to remove chief Justice Ernest Sakala and Supreme Court Judge Peter Chitengi from their offices.

High Court Judge Munalula Lisimba dismissed the petition by Lusaka lawyer John Sangwa after a two hour judgement on Thursday.

The Judge dismissed the petition on grounds that article 98 of the Zambian constitution does not provide for ratification of re-appointed judges.

He told the court that this is not with-standing that article 93 of the Zambian constitution requires judges appointed for the first time to be ratified by parliament.

Judge Lisimba said relying on article 98 of the constitution, a Supreme Court judge can be re-appointed under the president’s pleasure, without parliamentary ratification.

He further contended that Supreme Court judges cannot be subjected to the judicial service commission for scrutiny, before being re-appointed because they are members of the commission.

Judge Lisimba rejected the petitioners’ submission and contended that the petition was calculated to embarrass Justice Sakala and Judge Chitengi.

Recently Lusaka Lawyer John Sangwa petitioned Chief Justice Sakala and Judge Chitengi to vacate their offices.

Mr. Sangwa submitted that the two have attained retirement age and have not been ratified by parliament.

[ZNBC]

RB USA, Cuba bound

52


President Rupiah Banda is on Saturday expected to leave for New York to attend the 64th Regular Session of the United Nations General Assembly.

This is contained in a statement made available to ZANIS in Lusaka today by Special Assistant to the President for Press and Public Relations Dickson Jere.

Mr Jere said the President is expected to deliver his maiden address to the United Nations (UN) General Assembly under the theme ”Effective Responses to Global crises: Strengthening Multilateralism and Dialogue among Civilizations for International Peace, Security and Development.”

He said President Banda and other World leaders will also attend a High Level Dialogue on climate change, which will assess the progress in the implementation of the programme of action and dialogue in preparation for the forthcoming Copenhagen conference on climate change.

Mr Jere further said the President and other African heads of State and Government will later travel to Caracas, in Venezuela to participate in the 2nd Africa-South American Summit.

He added that after the summit President Banda will travel to Cuba for a three-day State Visit at the Invitation of Cuban President Raul Castro Ruz.

President Banda will return to Zambia after the state visit in Cuba.

ZANIS

Mufulira MMD cadre eyes Solwezi Central seat

12

Movement for Multiparty Democracy (MMD) aspiring candidate in the Solwezi Central Constituency by-election has said the flourishing mining activities at Lumwana and Kansanshi mines have influenced the political climate in the district.

Mufulira District Party Secretary, Esiyasa Mwelumuka, said the mines have made Solwezi district economically competitive and therefore in need of a person with eloquent and vibrant leadership qualities to aspire for the seat.

He said the battle in the constituency by-election would be an uphill one, but expressed confidence that the MMD would scoop the seat despite the PF/UPND pact having a bit of a following.

In a statement to ZANIS in Mufulira today, Mr Mwelumuka said with that scenario in mind he has declared his intention to contest the forthcoming Solwezi Central parliamentary by election.

Mr Mwelumuka stated that party members in Solwezi and his relatives from Chief Kapijimpanga and Kalelemba villages have endorsed his candidature after wide consultations with them.

He said his intention to contest the seat has also been prompted following the death of the incumbent Member of Parliament (MP), Benny Tetamashimba, who passed away early this month.

He said he has adequate experience to win the by-election if nominated as he has closely worked with the former MPs, including Dr Ludwig Sondashi and the late Humphrey Mulemba under the National Party, as a strategist.

He added that he is a founding member of the ruling party in the province and had equally worked with the late Mr Tetamashimba.

ZANIS

Suspected swine flu breaks out in Luanshya

11

Three pupils from Luanshya Mine Trust school have been quarantined at Luanshya Mine Hospital for suspected swine flu.

Luanshya Mine Hospital Chief Medical Officer, Boniface Zulu, told ZANIS in an interview that the three were showing symptoms such as fever, coughing and sneezing.

Dr Zulu said he has also recommended for the closure of the school as a measure of preventing the spread of the disease.
He said the specimens of the admitted children have been taken to Lusaka for examination and the results will be known today.

He said the flu-like illness has affected over 100 children, adding that all have been screened and the three who are admitted were serious.

And Luanshya Trust school headmistress, Joyce Muleya, could neither confirm nor deny an outbreak of a flu-like illness at her school.

A check at the school revealed that the school authorities were sending the children home.
ZANIS

UNPF bemoans low condom use in Serenje

0

United Nations Population Fund (UNPF) HIV and AIDS Officer, Florence Tembo-Mulenga, has urged people of Serenje to extensively use condoms when having sex.

Mrs Tembo disclosed that about 250 people were being infected with HIV every day due to lack of information on how to use condoms, especially female condoms.

Mrs Tembo was speaking during a monitoring visit in the council chamber in Serenje on Tuesday with District Aids Task Force (DAFT) members based on how to use both male and female condoms.

She said most of the people across the country were still shy on the use of condoms due to lack of information, a situation she described as worrying
She called on all organizations involved in HIV and AIDS awareness campaigns to put Serenje as a priority on their programmes before many lives were lost.

It was discovered in the meeting that in Serenje there were more male than female condoms and most woman do not know how to use female condoms.

Mrs Tembo, however, said everyone has the responsibility of protecting himself or herself with condoms, and lamented that the low rate of condom use could increase the HIV and AIDS infection.

She also urged men in the district to go for male circumcision and use the recognized condoms which were approved by the government and Medical Stores of Zambia.

And speaking at the same meeting, Serenje District Commissioner, Stanly Chibwana said people in Zambia should change their attitudes towards sex and culture and stop having more than one sex partner.

Mr Chibwana noted that having multiple sex partners increases the spread of HIV and AIDS because one would not know who would have infected the other.

The DC also expressed happiness with the performance of the DATF members in the district and urged them to be conscious of the deadly HIV/AIDS pandemic.

ZANIS

Christian Coalition condemns cremation

15

The Christian Coalition (CC) says the proposal by the Kitwe City Council (KCC) that dead bodies should be cremated and not buried is unfortunate.

Christian Coalition Pastor Clergy Chombela said that Zambia being a Christian nation such a proposal should never be allowed due to culture complications.

Mr Chombela pointed out that Zambia should not imitate other countries as it is their culture to burn dead bodies and not Zambia’s.

Speaking in an interview with ZANIS in Lusaka today Pastor Chombela said even in the Bible it is not written anywhere.

He also said that the dead deserve respect hence the need to bury them honorably.

Mr Chombela urged the council to take responsibility by allocating enough land where the dead are to be buried.

He said that Zambia is blessed with plenty of land and there is no need to burn dead bodies but bury them.

Pastor Chombela advised the council to be consulting Christian Mother Bodies and Non- Government Organizations (NGOs) every time they come with a complicated proposal.

He explained that may be in the near future the proposal can be adopted when every one will be convinced that there is no more land left for burial sites.

ZANIS

Painting of shops start next week

16

The exercise of painting shops in Lusaka’s trading areas starts next week.

Lusaka City Council (LCC) spokesperson Henry Kapata says the painting exercise will commence despite the delay by the business community to come up with the uniform colour.

Mr Kapata urged the shop owners in the city center and Kamwala trading and other business centres to organize themselves in readiness for exercise.

He further said the uniform colour is not a problem but shops are to be painted with effect from next week.

Speaking in an interview with ZANIS in Lusaka yesterday Mr Kapata further said that the three car washes along Burma Road were given permit by the council to construct temporary structures.

However, Mr Kapata said the car washes along Chilimbulu road operate illegally.

Mr Kapata said the area along the roads is meant for road expansion and not construction of permanent structures like car washes.

And Mr Kapata further said that the council will next week carry out inspection of fire equipment in the city center starting with the Kamwala shopping mail.

He added that each shop owner should have their own fire equipment and not borrowing.

Mr Kapata said that the shop owners should be sincere with their dealings as they are the ones who suffer loss in terms of fire accidents.

He observed that people think the council is corrupt, adding that shop owners borrow fire equipment so as to be issued with fire certificates.

LAZ backpedals on chief justice re-appointment bid

24

THE Law Association of Zambia (LAZ) has given a second expert opinion stating that the chief justice requires to be ratified by Parliament if he is re-appointed after reaching the retirement age.

LAZ, as a friend of the court seeking to help the bench arrive at a fair decision, earlier gave another opinion from an expert who was of the view that there was no need for a judge reappointed after retirement to be ratified by Parliament.

This is in a matter in which Lusaka businessmen, Faustin Kabwe and Aaron Chungu have petitioned the continued stay in office of Chief Justice Ernest Sakala and Judge Peter Chitengi.

The latest opinion is contained in an application by LAZ honorary secretary, Margaret Chalwe seeking to file the views the association obtained from constitutional lawyer, Eva Jhala.

Ms Jhala said the president could appoint a judge who has attainted the age of 65 for a further period not exceeding seven years.

In her legal opinion on constitutional matters regarding the chief justice and Judge Chitengi’s continued stay in office, Ms Jhala said the discretion of the president was subject to the advice of the Judicial Service Commission.

She said the legal requirement for a judge to vacate office under Article 98(1) was mandatory at attaining 65 years, but the same article qualifies the requirement in the proviso by vesting the president with the legal competence to permit a judge to continue in office for such a period as may be necessary to enable him deliver judgment or do any other thing in relation to proceedings that were commenced before he/she attained that age.

“This means there must be evidence showing pending work and indicating how much time will be required to complete that work so that the president can effectively exercise his legal competence to set the period required,” Ms Jhala said.

She said this permission is derived from the notion that the period would be short to complete existing work and that no new work would be undertaken by the judge during such period.

Ms Jhala said in the second scenario, the president has powers to appoint the chief justice and judge of the Supreme Court under Art 98 and has further power to re-appoint a judge under special conditions, that is a judge who has reached retirement age under Art 98 (1) (b) subject to the conditions laid out in the substitutive appointing provision.

She said any new appointment to office after vacation, for whatever term, should comply with the conditions for appointment and that the National Assembly should ratify the appointment.

The Article maybe used not as an exception to the retirement clause but to circumvent the age of retirement, thereby defeating the intentions of the people in coming up with a retirement age for judges.

“In addition, as stated above, it will be important to take into account the issue of validity in so far as the exercise of judicial competence is concerned during any period that a legal competence was not exercised or improperly exercised.

[Times of Zambia]
“The consequences must be analysed and a solution found even if Parliament has to pass a validation instrument,” Ms Jhala said.

EU under fire over Zambia aircraft ban

21

THE Aircraft Owners and Operators Association (AOOA) has condemned the action by the European Union (EU) to blacklist Zambia’s aviation sector from flying into the Euro Zone.

The AOOA has described the blacklisting of Zambian aircraft from entering the EU flying zone as unjustified and high-handed.

The operators said in a statement that the damage done by the adverse publicity on the ban had continued to threaten Zambia’s fragile but positive economic progress.

They said the International Civil Aviation Organisation (ICAO) recently posted a significant safety concern for Zambia as a result of the Government’s delay in replacing its Air Service Permit (ASP) certification procedures with the ICAO’s Air Operating Certificates (AOCs).

AOOA said it was unfortunate that the EU blacklisted Zambia’s aviation sector without attempting to assess its performance.

“Unfortunately, this adverse publicity is peppered with inaccuracies and potentially
libellous statements to the extent that Zambia’s AOOA has been moved to issue this statement to clarify the position in Zambia,” the statement states.

Meanwhile, the Zambia Board of Airline Representatives has also indicated its concern over the blacklisting of Zambian planes into the Euro Zone, which is being discussed by the members’ executives.

The Government has not yet completed the switch from ASP to AOC certification procedures within the time frame agreed with ICAO and all Zambian scheduled and non-scheduled air operators currently operating in and out of the country are properly certified by the Zambian authorities under Zambian laws.

The laws are regularly updated to accommodate ICAO’s recommendations and Zambian expectations in the ongoing process of compliance.

The statement further states that at the time of writing, no Zambian air operators were in default of any pertinent aviation regulations materially affecting their operational safety.

“International media references to dubious Zambian airlines are, therefore, considered unjustified and libellous. In point of fact, Zambia has one of the most favourable safety records on the continent,” the statement reads.

The EU’s blacklisting of Zambian aviation means that EU travel agencies have been advised not to book their clients on any Zambian-registered aircraft, suggesting that their travel insurance policies might not cover their clients on Zambian aircraft.

[Times of Zambia]

Mpombo Vs Rev Lungu: Clergyman ‘spills the beans’

146

EVANGELICAL Youth Alliance (EYA) president, Moses Lungu has said former Defence minister George Mpombo and other senior MMD members allegedly approached him requesting that he launches a series of attacks on President Rupiah Banda shortly after the elections last year.

Speaking at the lapse of the 48-hour ultimatum that he gave Mr Mpombo to resign from the MMD and state the reasons for quitting Cabinet and the national executive committee (NEC) of the ruling party, Reverend Lungu said leaders should strive to remain with integrity.

He said Mr Mpombo was part of a group that paid him and another non-governmental organisation (NGO) about K2 million for them to start attacking President Banda.

Rev Lungu said he declined to embark on the mission despite getting the money.
He challenged Mr Mpombo to explain queries raised at the Ministry of Defence over unretired imprest when he was still minister.

He said the tension the former minister was causing against the MMD and President Banda was unnecessary and that he should respect people elected into public office.[quote]

“I expect Mr Mpombo to speak the truth, all I request him to do is to tell the nation the true reasons for his resignation,” he said.

Rev Lungu dismissed allegations of receiving financial aid from Mr Mpombo on account of destitution.

He also denied ever being excommunicated from the Baptist Association as alleged by Mr Mpombo, saying he was still a credible clergyman.

However, Mr Mpombo described Rev Lungu’s allegations as cheap and unsubstantiated propaganda.

He said Rev Lungu was being used for negative propaganda by some MMD members.
On allegations on unretired money, Mr Mpombo said Rev Lungu should know that imprest was recoverable and not treated as a crime.

“I was just informed of the unretired imprest money by my former PS [permanent secretary] long after I had resigned, so that cannot be a reason for my resignation,” he said.

He said a month ago, he held a meeting with Secretary to Cabinet, Joshua Kanganja, Ministry of Works and Supply Permanent Secretary, Bizwayo Nkunika, and his former PS to resolve the matter.

“This matter was resolved because unretired imprest is recoverable anywhere and is not a crime,” he said.

Mr Mpombo said it was even laughable that Rev Lungu could talk of such petty allegations when he threatened to spill the beans about him just a few days ago.

He described Rev Lungu as “toxic political material trying to earn a living through impersonations and malicious attacks”.

Mr Mpombo said whoever had evidence linking him to any malpractices when he was at the Ministry of Energy was free to take him to court.

He also said he was aware of an article on the Internet suggesting that he had oil dealings with former first lady, Maureen Mwanawasa when he was Energy minister.

[Times of Zambia]

Sweden advises Zambia on how to improve the business environment

8

The Swedish Government has advised Zambia to come up with clear policies aimed at facilitating improved trade in the country.

Swedish Ambassador to Zambia, Maria Anderson de Frutos, says there is need for the Zambian government to put in place effective trade measures that would bring more investment to the sector.

Ms Anderson told ZANIS in an interview in Lusaka today that Zambia has a lot of business opportunities that can also contribute towards enhancing national development.

She, however, stressed that the current business environment has a lot of challenges that have affected private sector growth.

The Ambassador pointed out that long process and corruption experienced when acquiring business licenses have a negative effect on the country’s business environment.

She said this is why government should quickly put in place stringent measures that will ensure that trade facilitation processes are improved to attract more foreign direct investment.[quote]

Ms Anderson further pledged her country’s commitment to invest in all the country’s developmental sectors.

She disclosed that many Swedish companies are interested to invest in Zambia’s energy and agricultural sector as a way of assisting the country to diversify its economy from being dependent on copper to other sectors.

Meanwhile Ambassador Anderson as expressed happiness with the way the Zambian government has responded to investigate the embezzlement of donor funds at the Ministry of Health.

Ms Anderson said the recent investigations have proved that the Zambian government is interested in working out effective ways of dealing with corruption involving public funds.

She further stated that there is need for Zambians to be sensitized and understand that donor funds should be utilized in the right way that will benefit the end users.

Recently the Swedish government withdrew its support to the Ministry of Health following revelations of misuse of the funds by some officials and over ten officers have since been arrested in connection with some embezzlement.

ZANIS

2009 Mobile Banking Conference opens in Lusaka

1

Government says there is need for the nation to continue to leverage technology in the country in order to build more advanced features and functionality to enhance service delivery.

Transport and Communications Minister, Geoffrey Lungwangwa, says technology is ever advancing, hence the need for the country to make every effort to enhance service delivery through it.

Professor Lungwangwa said although the country has made significant strides in improving service delivery, there was need to maintain the pioneering spirit and continue providing critical service enhancements to create multi-benefits that meet the critical need of the people.

Prof Lungwangwa said this today when he officially opened the first ever two-day 2009 Mobile Banking conference hosted by Celpay in Lusaka.

He said the uptake of mobile banking has been phenomenal in Zambia and that the mobile platform is the obvious step in making banking more accessible.

Pro Lungwangwa said this illustrates the appropriateness of the channel to facilitate high volume and low transaction as well as its relevance to the rural target market which was traditionally a cash-only space.

He said through mobile banking, the country has managed to overcome the barriers of entry to banking, particularly in areas with little or no infrastructure.

The minister observed that the service of mobile banking would make life easier for the people in remote rural areas like teachers and health staff among others.

He said mobile banking has proved to be a viable alternative to traditional bank branches in rural areas, adding that this has put into practice the Government’s efforts to promote the financial inclusion of all Zambians.

Prof Lungwangwa said the increasing cellphone penetration in the country has opened up opportunities for network operators and financial institutions to form partnerships that will help reach rural and peri-urban markets.

Meanwhile, Pro Lungwangwa has reiterated Government’s commitment to reducing the cost of doing business in the country by developing an efficient, effective and affordable Information Communication Technology (ICT) system.

Pro Lungwangwa said ICT was truly transforming the way business is being done in the country.

Professor Lungwangwa said the optic fibre backbone infrastructure currently under construction would not only transform business operations but also make the country a more conducive business environment.

Prof Lungwangwa urged the participants to respond to the challenge on how they would take advantage of the transformation in the ICT sector, especially the development of high capacity, high speed, efficient and affordable internet connectivity.

He further called on the delegates to respond to the extended penetration of the mobile phone system to communities that are currently marginalized and the increasing transformation of Zambia into a knowledge driven economy as more people access information and knowledge through ICT.

The minister said everyone should realize that ICT is transforming lives of people and that the Zambian generation was in a transformation age and people should transform accordingly.

And Celpay Zambia Limited Managing Director, Miyanda Malambo, said partnerships were important in delivering quality service to the people in the country.

Mr Malambo said there is need for stronger partnership to take mobile banking services to rural areas and educate and sensitize people on the Mobile Banking services.

ZANIS

A Stimulus Package Financed By the West?

57

Vice-President George Kunda
Vice-President George Kunda
By Henry Kyambalesa:

I wish to comment on Vice-President George Kunda’s shameless call for a financial stimulus package financed by Western countries, which appeared in the Times of Zambia of September 15, 2009 under the title “Africa deserves financial stimulus package – Veep.” He made the call during a high-level meeting of Eastern and Southern Africa and Indian Ocean (ESA-IO) regions and the European Commission.

The call is an embarrassment to the people of Zambia. It shows that we have actually failed to govern ourselves almost 45 years after independence. Besides, the Honorable Vice-President should know that some leaders in developed economies are being accused by their people of misusing public resources by bailing out failing local companies. One can easily surmise what would happen to such leaders if they decided to bail out mismanaged African economies.

As I have often maintained, donor countries do not have unlimited resources; they have to make do with scarce resources by going through public expenditures line by line, program by program, agency by agency, department by department, and ministry by ministry in order to eliminate unnecessary application of public funds. We need to start doing the same in order to wean our beloved country from its current dependence on donor funding.

In January 2009, the Vice-president was quoted as having defended the bloated Zambian Cabinet as follows: “I believe that our government is of the right size, representative and effective. I know that there have been calls from many sections of society to reduce the size of our Cabinet, but I think it is the right size.”

There is a need for the government to perform existing and planned essential government functions with a smaller number of Cabinet Ministers by abolishing some of the government ministries which do not seem to add any value to the dispensation of public services, and merging some of the ministries which have similar functions.

Civil servants in ministries to be abolished or merged should be encouraged to seek early retirement with full benefits. Professional and skilled civil servants should be re-deployed in the new government ministries, as well as in government agencies.

There is also a need to abolish the positions of Deputy Minister, Provincial Minister, Provincial Permanent Secretary and District Commissioner, as well as reduce the number of Zambia’s foreign embassies by having clusters of countries to be served by single embassies.

To paraphrase Mr. Bill Clinton’s words, there is a need for us to create a government that is smaller, that lives within its means, and that does more with less. Otherwise we will continue to embarrass ourselves by continuing to beg for assistance from wealthy nations.[quote]

And we will continue to be chastised by some officials in donor count­ries who rightly or wrongly believe that Africa lacks compe­tent people to provide sound leadership in commerce, industry and government. The follo­wing words of an unnamed aid official quoted by Timberlake on page 199 of his book entitled Africa in Crisis: The Causes, the Cures of Environ­men­tal Bankruptcy (published by New Society Publishers in 1986) should, therefore, not be surprising: “In a sense, we’re talking about … sending smart white boys in to tell them how to run their countries.”

Clearly, we need leaders who are willing to develop new attitudes, skills and strategies in order to wrestle successfully with the complex and volatile socio-economic conditions of our time. And such leaders should be technocrats, and not clueless figureheads like a good number of those incompetents who are in President Rupiah Banda’s administration who seem to be preoccupied with promoting the interests of the ruling party and its members.

Zambians are fed up of government leaders whose functions seem to be that of whining and bickering day in, day out.

2 year old burnt to death

11

A two-year-old girl has died in Kawambwa after a grass
shelter she had made with her friends caught fire while they were playing in it.

Grandmother to the girl, Cecilia Nkalamo, 63, confirmed the death to ZANIS at the funeral house in Kawambwa, today. She named the girl as Caren Mambwe of Mutofwe village in Chief Munkanta’s area in Kawambwa district.

Mrs Nkalamo said the incident happened on Monday around 11:00 hours
when Mambwe was playing in a small grass shelter that she had made
with her friends inside a ditch.

She explained that Mambwe was in the company of four friends and as they were playing, they lit a fire.

Mrs Nkalamo said Mambwe’s four friends managed to get out of the ditch and started shouting that there was fire where they were playing.

She said when some neighbours rushed to the ditch, they found Mambwe already dead as she was badly burnt.

And a check by ZANIS at the scene revealed that a named neighbour
dug a ditch which is about three meters deep where he got soil for
molding bricks.
The ditch has never been buried and children from nearby houses play in it.

Sources from Kawambwa Police confirmed the burning and death of Mambwe adding that she was buried yesterday.

ZANIS

Govt allocates K700m for women empowerment

3

Government has set aside K700 million for empowering women in the country.

Community Development and Social Services Deputy Minister, Moses Muteteka, has disclosed that the K 700 million would be disbursed through eligible women groups countrywide.

Mr Muteteka, who is currently in Kaputa on a tour of Northern Province, told ZANIS in an interview today that all provinces will benefit from the money allocated.

He said each province will get about K 40 million as empowerment in an effort to alleviate poverty in the country.

The deputy minister said the money is targeted for widows who are vulnerable but viable in the communities.

Mr. Muteteka hoped that the money would help reduce poverty and in turn improve the livelihood of the people.

He named some of the women cooperative groups that are expected to benefit from the money as Mama Mpapa and Chikamuneka in Northern Province among others.

Mr Muteteka urged the beneficiaries to ensure that they put the money to good use, pointing out that he was particularly impressed with women clubs for doing their part in working together.

ZANIS