THE Supreme Court has allowed an interim injunction to stop the Patriotic Front (PF) from expelling its ‘rebel’ members of Parliament (MPs) until the determination of the main case.

The PF MPs and councillors who are attending the National Constitutional Conference (NCC) had appealed against the High Court’s dismissal of their application for an interim injunction to restrain the PF from expelling them.

Supreme Court Judge Dennis Chirwa sitting with Judges Sandson Silomba and Marvin Mwanamwambwa delivered the judgment in the absence of PF lawyers and officials yesterday.

Judge Chirwa said that when the matter came up in the High Court, the Attorney General joined the case as an intervener in national interest.

He said it was common knowledge that the PF initially did not want to be part of the NCC but after consultations it participated in passing the NCC Act although it later changed its mind and asked its members not to participate.

He said the party decided to expel its MPs who took the matter to the High Court and the Attorney General joined as an intervener.

He said the Supreme Court had considered the High Court’s judgment and submissions from both parties and felt that the matter went beyond what was before the court because the Attorney General brought out serious legal issues.

Mr Justice Chirwa said the court regretted talking about details of the main action but it had no alternative because the issue was on obedience of the law and that the involvement of the Attorney General took the case out of the ordinary consideration of an injunction.

The judge said that the NCC was a constitutional matter that was for Zambians who were living and those to be born.

“The Attorney General’s reasons to join the matter was very important and valid and it is his duty to ensure that laws are obeyed. In fact he should have taken up the matter,” he said.

He said the trial judge misdirected himself and glossed over the issue of public interest because the NCC Act spelt out the membership to the NCC and that all MPs were members of the conference.

He said the argument that it was not mandatory for MPs to be part of the NCC could not stand because MPs were clearly spelt out as members and were bound to obey the law.

He said it was a legal duty to obey the law and the appellants were identifiable as NCC members.

“We dismiss the argument that they have no mandatory duty to go to the NCC. In fact they participated in all the stages of coming up with the NCC,” he said.

He said the trial judge misdirected himself when he said that the consideration of public interest could not be considered at an interim injunction stage because that would mean continuation of breach of the law.

Mr Justice Chirwa said the trial judge misdirected himself when he said that the appellants and the Attorney General had failed to show irreparable injury that they would suffer.

Judge Chirwa said it was a question of obeying the law and there was neither the need to consider injury nor the need to consider balance of convenience when it came to obeying the law.

He said the nature of the case was that the learned trial judge should have allowed the interim injunction to remain until the main action was tried because it involved the obedience or non-obedience of the law.

“We therefore allow this appeal. The interim injunction stands until final determination of the main matter,” he said.

[Times of Zambia]

Government has directed the Kaputa district administration to remove inscriptions on the entrance to the district bearing a Patriotic Front campaign message.

Works and Supply Minister, Mike Mulongoti, says the campaign message which reads “welcome to Sata’s area” must be removed.

Mr. Mulongoti said the inscriptions can divide people and create an impression that there are two governments in the country.

The Minister said the campaign period is over and the district administration should have ensured that such inscriptions where removed.

Mr. Mulongoti was speaking in Kaputa on Tuesday when he called on District Commissioner, Mwamba Njalamimba.

The Minister was in the area to inspect road projects.

/ZNBC/NEWS

ZRA Commissioner General, Chriticles Mwansa, says the revenue is higher by K8, 194 billion Kwacha compared to 2007 revenue collection.

Mr. Mwansa says the taxes were mainly collected from the Mines, individuals and business houses.

He also said 2009 will be a challenging year for revenue collection due to the global recession.

ZRA expressed gratitude over the support and encouragement it has been receiving from tax payers last year.

Mr. Mwansa said the taxpayers’ cooperation has helped ZRA restore a sense of national pride and sovereignty.

Mr. Mwansa said growth of tax revenue from K 1, 434.2 billion to K9, 628.0 billion in 2008 would not have been possible without taxpayers’ cooperation. He says the growth in revenue collections could not have been possible without the support from taxpayers.

Mr. Mwansa was speaking at a press briefing to mark the launch of the Taxpayer Appreciation Day (TAD ) in Lusaka today.

He said the TAD day has been chosen to coincide with the ZRA 15th anniversary which will allow its partners to celebrate the achievements and development it has contributed to the nation.

The theme for this year’s Taxpayers Appreciation day is under the theme: Develop Zambia,pay our taxes.

He said Taxpayer Appreciation Day is a new initiative aimed at recognizing and strengthening partnership with taxpayers who have dutifully discharged their Tax obligations.

ZANIS/AC/ENDS/MM.

President Rupiah Banda says that the forthcoming National INDABA scheduled for 4-5th April is not political but intended at deliberating and solving the economic problems facing the country as a result of the global economic recession.

In an interview with ZANIS at Matsapha airport in Swaziland shortly before his departure back to Lusaka, Mr. Banda pointed out that it is sad that some political parties have misinterpreted the planned INDABA.

“It is an economic INDABA intended to enable Zambians talk about their country and to find ways overcoming the effects of the global financial crisis,” explained Mr. Banda.

Government has in the 2009 national budget provided a number of incentives aimed at cushioning the impact of the global economic melt down on the country’s economy.

President Banda was in Swaziland to attend a one day Southern Africa Development Community-SADC Extraordinary summit aimed at discussing and charting the way forward on the economic recovery plan for Zimbabwe and to also resolve the current political unrest in Madagascar.

And Mr. Banda has described the one day extraordinary summit which came to a close last night as a success.

He further commended King Mswati III and his government for organizing the summit saying countries in the region are committed to solve problems affecting member states.

Mr. Banda who outlined some of the key issues which were resolved in the summit on the economic recovery plan for Zimbabwe and the political insecurity in Madagascar said the Heads of States and governments in the region are happy with progress made on the implementation of the unity government.

He however said SADC heads of states have agreed to work our measures of resuscitating the economy of Zimbabwe.

Meanwhile, President Banda has expressed concern that men and women in uniform are behind the violation of the constitution in Madagascar.

He said what happened in Madagascar was unconstitutional saying the ousting of a legitimately recognized government of President Marc Ravalomanana and ushering into office of a President Andre Rajeolina is another serious violation of the constitution for Madagascar.

“Indeed the constitution has been violated in Madagascar and we have seen men and women in uniform putting the law in their own hands by bringing in a person who is not of constitutional age among other acts,” he said.

Mr. Banda pointed out that all SADC countries are constitutional and SADC Heads of State have since condemned what happened in that country.

Mr. BANDA was among eight Heads of States and government who attended the one day Extraordinary summit which was chaired by His Majesty King Mswati III who is also Chairperson of the organ on Politics, Defense and Security.

President Banda has since arrived back home. He was received by a number of cabinet ministers, government heads and the ruling MMD cadres at the international airport. Defence chiefs were also on hand to welcome the President back home.

Among the notable were Vice President Anthony Kunda, Information and Broadcasting minister Lt. General Ronnie Shikapwasha, MMD National Secretary Katele Kalumba and other senior government figures

ZANIS/CBM/ENDS/MM

First Lady Thandiwe Banda has challenged Zambians to appreciate and acknowledge positive developments that the health sector was scoring in the country.

ZANIS Kitwe reports that Mrs. Banda said despite the many challenges that the health sector was facing, a lot of positive strides had been recorded in the growth and delivery of quality health care services to the public.

Mrs. Banda, who was speaking at the Zambia National Service (ZNS) after winding up her three day tour of health facilities in Kitwe yesterday, said it was sad that people were always negative when talking about the health sector.
She however observed that Kitwe was facing a challenge of health facilities and has since called on Zambians and cooperating partners to help improve these facilities.

”A country cannot be productive, let alone have a promising future if its citizens have ill-health,” she said.

Mrs. Banda has since commended all health workers at health institutions she visited for being committed to their work despite having many challenges.

Meanwhile, the First Lady, Thandiwe Banda, has donated assorted foodstuffs, beddings and kitchen utensils to Mapalo Vineyard Christian Community School in Ndola.

Speaking when she made the donations in Ndola today, Mrs Banda said although the donation was small, it would help mitigate the sufferings of the vulnerable children at the school.

The donated items include blankets, plates, pillows, footballs and cakes among others.

And speaking at the same occasion, Ndola District Commissioner, Moses Mumba, said the donated items will greatly help improve the welfare of children at the school.

Mr Mumba also commended the church for working with government in providing education to the vulnerable children in society.

He appealed to other churchs and Non Governmental Organisations (NGOs) to emulate the First Lady’s gesture.

And Mapalo Vineyard Community School teacher, Lewis Musonda, said lack of the basic educational materials and infrastructure hinder children from realizing their maximum potential in education.

Mr Musonda said the school faces a lot of challenges in providing quality education to the vulnerable children. He cited challenges such as inadequate classroom blocks, lack of desks and text books.

He also cited difficulties in sourcing money for the teachers’ salaries which usually comes from contributions from the church.

Mr Musonda appealed to government, NGOs and the civil society to help the school with the needed learning materials such as books and in raising the teachers’ salaries so that the orphaned children at the school can receive decent education.

The school, which is run by the Seeds of Hope International in Partnership with Mapalo Vineyard Christian Fellowship, has 93 girls and 84 boys.

ZANIS/PFK/KSH/ENDS.