FORMER vice-president, Enoch Kavindele has lost a bid to run a fourth cellular mobile phone company in Zambia after the Supreme Court over-turned the earlier judgment and ruled in favour of Communications Authority of Zambia (CAZ).

Supreme Court judge Marvin Mwanamwambwa in delivering a 90 paged judgment yesterday allowed all the four grounds of appeal advanced by CAZ in its appeal following the earlier judgment passed in the Lusaka High Court against it.

Lusaka High Court judge Phillip Musonda had ruled that Vodacom Zambia Limited was lawfully granted a mobile licence and still holds the fourth national cellular mobile license for Zambia.

In the first ground, CAZ contended that the learned trial judge erred in law and facts when he held that the remedy of an injunction was available in this case and that respondents’ businesses reputation would diminish, as it had none that could have diminished.

CAZ argued that this court had in many cases held that an injunction was not appropriate when damages would be an adequate remedy.

Mr Kavindele’s lawyers from Malambo and Company argued that the High Court was on firm ground when it held that the injunction granted to the defendant was available as it restrained the appellants from opening bids on February 28,2008 to award the fourth cellular mobile phone license to other companies until the matter was disposed off.

And Mr Justice Mwanamwambwa in allowing this ground, said the lower court’s analysis of the principles governing the granting of an injunction was correct but on the facts of this case, the Supreme Court did not agree with its conclusions or application of the principles to the facts.

He said the plaintiff was a newly incorporated company and had not yet started business operations in telecommunication and not yet acquired business reputation or credit rating, which could diminish and discharged an earlier injunction, granted to Mr Kavindele.

In ground two, CAZ argued in its appeal that the lower court erred in law and facts when he held that the appellant was the cause of the delay in finalising and conclusions of the licensing process.

CAZ contended that as far as it was concerned, the court processes instituted by third parties against the defendants constituted the delay.

“On the evidence before the judge we must say that this was an erroneous finding of fact, it was not supported by any evidence. It is clear that Vodacom Zambia Limited was the cause of the delay in the finalisation of the licence.

“In our view, the learned trial judge’s findings under challenge were made upon a misapprehension of the facts, we therefore allow ground two,” he said.

On the third ground, Mr Justice Mwanamwambwa contended that the withdrawal of Vodacom International Limited was a frustrating event, which released the defendants from further performance.

He said it was clear from the evidence from the lower court as well as in this court that when Vodacom International withdrew from the licensing process, its technical know how, experiences and financial capacity went away with its withdrawal.

On that ground, CAZ had argued that the trial judge erred in law and facts in granting the decree for specific performance of the fourth national cellular mobile license for the respondents when Vodacom International had withdrew from the licensing.

And for the last appeal, CAZ indicated that Mr Justice Musonda erred in law and facts when he held that the respondents had been treated oppressively, unfairly and contrary to the spirit of the Economic Empowerment Act, and that they did not perform according to the legitimate expectations that had risen in the respondents.

Mr Justice Mwanamwambwa said that the court acknowledge the existence of the doctrine of legitimate expectation.
And after judgment, Mr Kavindele refused to comment and walked away.

The Foundation for Democratic Process says it hopes the Electoral Commission of Zambia (ECZ) will attend to the formal complaint that the ruling (MMD) would lodge against PF-UPND pact candidate Geoffrey Mwamba over his “tribal” remarks.

FODEP President Stanley Mhango says the MMD has the right to lodge a complaint against Mr. Mwamba adding that this is within their rights as aparty.

Mr. Mhango told ZANIS in an interview in Lusaka today, that no one should condemn the move by the MMD to lodge a complaint against the PF-UPND Kasama by-elections candidate Geoffrey Mwamba.

Recently, MMD deputy National Secretary Jeff Kaande said the MMD would lodge a formal complaint to the ECZ over tribal remarks by PF-UPND pact candidate in the Kasama by-elections.

Geoffrey Mwamba popularly known as GBM is alleged to have said Kasama Central was for Bembas adding that MMD candidate in the Kasama by-elections Burton Mugala is a “foreigner” who belongs to Muyombe.

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Information and Broadcasting Services minister Ronnie Shikapwasha says the cost serving measures which government has introduced made Zambia News and Information Services (ZANIS) senior photographer Emma Nakapizye to return from New York.

He said the situation has caused cabinet to reduce the number of journalists covering international presidential assignments to three or less.

This is contained in a press statement made available to ZANIS in Lusaka today by information and broadcasting minister Lt Gen Ronnie Shikapwasha.

Lt. General Shikapwasha said media reports that Ms Nakapizye was barred from covering the president at the United Nations (UN) Assembly in New York by State House Special Assistant to the President and Public Relations Dickson Jere were false.

The minister said as far as his ministry is concerned, Ms Nakapizye had completed her assignment in New York adding that there was no provision for her to proceed to Cuba, hence her return.

Meanwhile the minister has called on ZANIS management not to consider transferring Ms Nakapizye to any province or district as she is the head of the photographic unit at the institution adding that her position does not exist in any other part of the nation.

Ms Nakapizye is believed to have been barred from covering president Rupiah Banda in New York by Mr. Dickson Jere.

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The Southern African Center for Constructive Conflict Resolution of has advised Patriotic Front Leader Michael Sata and Former Second Republican president Dr. Fredrick Chiluba to lead by example when handling their differences.

SACCORD information officer Michelo Mwango told ZANIS in an interview in Lusaka today that it was unfortunate that the two leaders had resorted to publicly attack each other using what she termed as bad language.

She said the behaviour of the two leaders was sending a bad signal to young and upcoming politicians and leaders.

Ms. Mwango said all young people in the country are looking up to people like Dr. Chiluba and Mr. Sata as their inspiration in their political careers.

She added that public attacks between the two leaders had the potential to erode the confidence the young people have in them.

She advised the two leaders to find a mature way in which to amicably iron out their differences as opposed to the current situation where they are call each other names.

Ms. Mwango said this can have an effect on the voters in the forth coming Kasama by elections as some of the attacks between the two politicians are centered on some candidates contesting the Kasama parliamentary seat.

President Rupiah Banda has told the United Nations (UN) General Assembly that Zambia’s strides towards attaining most of the Millennium Development Goals (MDGs) by 2015 have slowed down because of the global economic downturn which the whole world experienced in the recent past.

President Banda said a wave of other effects such as climate change, has also frustrated Zambia’s and other countries’ efforts to improve the living standards of their citizens.

Delivering his speech to the 64th Session of the UN General Assembly in New York last night, Mr. Banda called for innovative approaches and responses among UN member states to help ease the challenges facing poor countries.

“In my country, Zambia, and other African countries, the economic growth registered from 2000 to 2007 is now declining as a result of the global economic and financial crisis,” he said.

He told the over one hundred heads of state and government gathered at the UN that before the global economic downturn, Zambia’s economic growth suggested that the country was on course to meeting all MDGs except for the one on sustaining the environment.

He said because of the global economic crisis, coupled with the effects of climate change, Zambia was now facing serious financial constraints such as lower commodity prices, weak external and domestic demand for products and rising unemployment.

The President pointed out that there was therefore need for the country’s international cooperating and development partners to support her to quickly heave out of the effects of the global financial crisis.

“We appreciate that our cooperating partners have also been affected by the global economic crisis. Nonetheless, we urge them to fulfill their pledge of raising the contribution to 0.17 per cent of gross national income (GNI),” he said.

Mr. Banda said if the global development agenda was to help susceptible economies like Zambia to meet the MDGs in the next six years, the cooperating partners must fulfill their pledges.

The MDGs are contained in the millennium declaration that was adopted by 189 nations and signed by 147 heads of state and governments during the UN millennium summit in September 2000.

The MDGs are meant to eradicate extreme poverty and hunger, achieving universal primary education, Promoting gender equality and empowering women, reducing child mortality, improving maternal health, combating HIV/AIDS, malaria and other diseases, ensuring environmental sustainability, and developing a Global Partnership for Development.

He however said Zambia was devising ways of withstanding the effects of the economic crisis if it recurs.

“My government has therefore developed a diversification plan to shift the economy from dependency on copper. This is being done through policy interventions in the agriculture, tourism and manufacturing sectors, coupled with programmes aimed at improving the business environment in Zambia,” he said.

Zambia was hard hit by the global economic crisis when prices of copper, which accounts for about 70 per cent of her exports, plummeted from US$8,985 per metric tonne in August 2008 to US$2,902 per tonne by December 2008.

“For these efforts to succeed, however, there must be expeditious conclusion of world trade organizations, DOHA round of negotiations,” he said.

He suggested that the international financial governance systems be reformed to avoid future global financial crises, adding that the changes should respond to concerns and needs of all nations regardless of status.

President Banda further proposed an increase in the voice and power of developing nations in the World Bank and the International Monetary Fund.

“The reform process should aim to improve predictability of aid flows and emphasise reforms which promote faster aid delivery and less conditionalities,” he stressed.

On the United Nations as a principal organ for coordinating international cooperation and socio-economic development, peace, security, human rights, and the rule of law, Mr. Banda said the UN must be reformed for it to be more effective and efficient.

He added that the reform of the UN will not be complete without meaningful reforms to the Security Council, which he said should be made more representative, democratic and accountable to all member states.

President Banda noted that the decisions of the UN risk not being respected by some member states if it remained in the current status.

He reiterated African countries’ call for the continent to have two permanent seats with veto powers and two additional non-permanent seats included in the Security Council.

Africa constitutes the second largest bloc of the UN membership.

“This will address the historical injustice against Africa, while responding to the need to democratize the security,” he said.

With regard to nuclear weapons, President Banda urged the United Nations to push for general and complete disarmament that would include biological, chemical, nuclear and radiological weapons.

Mr. Banda said this must be done soon, stressing that “the demand of the time is that we compete for peace not war, for development, not armaments”.

And President Banda said there was now an improvement in the political stability of the in the Great Lakes Region (GLR) than it had been in the past 15 years.

Speaking as Chairman of the International Conference on Great Lakes Region, Mr. Banda reported to the UN General Assembly that improved relations between Democratic Republic of Congo and Rwanda and their joint efforts to address the problem of negative forces in Eastern DRC has opened opportunities for achieving sustainable peace and stability in the region.

He however said peace and security in the region was still threatened by the continued presence of some illegal armed groups such as the FDLR/Ex-FAR interahamwe, the Lord’s Resistance Army and the Allied Democratic Forces.

“The international community needs to exert more and sustainable pressure on the leadership of those negative forces living within and outside the region so that they are brought to justice,” he said.

On climate change, President Banda restated that concerted efforts, a common agreement and human ingenuity were important to tackle the threats posed by climate change.

“The resolution of our problems of climate change, economic and financial crisis, peace and security and human rights and democracy, depends on human ingenuity.

He said all countries depend on each to beat the effects of climate change, which was one of the major topics at this year’s UN General Assembly.

Common solutions are therefore required through a strong United Nations,” he said.

The theme for this year’s UN General Assembly is “Effective responses to global crises, strengthening multilaterism and dialogue among civilisations for international peace, security and development”.

The General Assembly, which was established in 1945 under the UN Charter, is a chief deliberative, policymaking and representative organ of the UN and is a unique forum for multilateral discussions of full spectrum of international issues.

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President Rupiah Banda’s delegation scooped CNN’s first prize of How Not to Enter the United Nations Building. The video link was sent to us by a blogger with an ID “Political Analyst”. Many thanks for Sharing.