Patriotic Front lawyers representing Bowman Lusambo and Joseph Malanji have been commenting on the Lusaka High Court’s decision that the by elections in Kabushi and Kwacha should not go ahead as scheduled on 15th September 2022 until the main matter under court is determined.

The Court on Tuesday granted Mr. Lusambo and Mr.Malanji a stay for the by elections not to proceed.

ECZ barred the two from re-contesting their old seats on account that they were not eligible, a decision they have challenged in the courts.

The former Kabushi and Kwacha lawmakers have told court that they would suffer prejudice if the by elections went ahead in the two constituencies.

Lawyer Makebi Zulu said after the Tuesday ruling that the solicitor general raised an issue which will be determined on Thursday.

Mr. Zulu expressed confidence that the legal matter and all issues raised by the two arguing parties could be concluded by next week.

“There will not be any elections in Kabushi and Kwacha until the matter is determined. It was imperative on ECZ upon the filing of our application that they stayed or suspended the elections pending the determination of this matter but instead they did not. This proves to us that they are not as independent as they ought to. In this particular case the court has seen it fit that the matter be stayed until they determine this matter which halfway has been done, in that the Constitutional Court has said the nullification is not a disqualification,” Mr. Zulu told reporters outside court.

“We have agreed to proceed with the matter and they have raised an issue which will be determined on Thursday. Then Friday we are coming to have the main matter heard. In which case we expect that by next week there should be a final judgment but for now there are no elections in Kabushi. No elections in Kwacha until the court determines. That is the rule of law and that is the justice that we came here to seek,” he said.

Meanwhile, lawyer Tutwa Ngulube explained the court’s decision made on Tuesday afternoon.

“There are a lot of questions as to what has happened today. Why are you coming back on Thursday? I think you heard. In brief, history is that we went to the Concourt, asking Concourt to stop ECZ from blocking Honourable Malanji and Honourable Lusambo. We presented four questions; the Constitutional Court said they will not get into those other issues, they will just interpret the constitution and they interpreted the constitution to mean Honourable Malanji and Honourable Bowman qualify to stand as Members of parliament in Kwacha and Kabushi. We expected that the ECZ on its own would have cancelled the elections and called for fresh nominations so that honourable Malanji and Honourable Bowman appear on the ballot paper,” Mr. Ngulube said.

“When they (ECZ) didn’t do that we came to the High Court, to ask the court to stop the election and allow us to argue the main matter. Today as we are speaking the high court has stopped the election in Kwacha and Kabushi. The Court has also said they will hear the main petition on Friday. Now, just when we were about to come to court, the solicitor general produced some documents saying that they have made an application for constitutional reference. They want the matter to go back to the Constitutional Court. So, anyway the court has said we will not throw it out, we will hear you on Thursday. What we know is that the Concort has already said the power to deal with members of Parliament and their nominations is with the High Court,” he said.

Mr. Ngulube concluded:”They can only deal with the Presidential candidates so now telling us that they want to go back to the Constitutional Court we won’t comment but we will allow you to judge for yourself, who is wasting whose time. So we will come back on Thursday to hear whether the court should refer back the matter to the Constitutional Court or not and then on Friday we will come back to come and argue the main matter whether the ECZ was wrong in refusing to stop the elections or not.”

Independent candidate in Thursday’s Kabushi parliamentary by-election in Ndola candidate Alfred Yombwe has denied allegations that he was paid to withdraw from the race.

Mr Yombwe, whose campaign symbol was an umbrella, has since written to the Electoral Commission of Zambia and the Returning Officer in the Kabushi by election over his decision to withdraw from the election.

According to the Electoral Process Act under Section 31(2), the law requires the cancellation of elections and calling for fresh nominations whenever a candidate withdraws.

The ruling United Party for National Development (UPND) has alleged that some candidates in Kabushi and Kwacha Constituencies have been bribed to withdraw from the by elections.

But Mr. Yombwe said he made the decision to withdraw from the Kabushi race without any external influence.

The young politician said he has a constitutional right to withdraw from the by-election.

Mr. Yombwe also complained of being disadvantaged by the ruling UPND in the campaign period leading to the by-election in Kabushi.

Mr. Yombwe said he has not been able to campaign properly because the Electoral Commission of Zambia halted the campaign when Vice President Mutale Nalumango and President Hakainde Hichilema separately visited Kabushi Constituency.

He also alleged that his supporters have been intimidated by UPND supporters and are now scared to go out and campaign.

He added that the UPND had been dishing out money to homes and churches that have been visited by President Hichilema and Mrs Nalumango.

“There is no amount of money which can buy my constitutional right. There is no amount of money which can buy my constitutional right which I have committed myself to uphold by virtue of me being a citizen of this country. So, there is no amount of money which can buy my constitutional right. Whatever will happen I have resigned, I have withdrawn. The constitution will guide us on the way forward,” Mr. Yombwe said in Ndola.

“You remember last week, the Vice President (Mutale Nalumango) was in the constituency (Kabushi). The ECZ called all the candidates and stopped us from campaigning saying we needed to give space to the Vice President. She was there for three days and we were not campaigning. Just after she left, the President was here again. We were called by the ECZ and they told us not to go for campaigns until the president leaves after five days. And you know politics are like football we have got tactics we can employ toward the end of the game but if we are barred from camping how are we going to execute those tactics? It is very unfair for us candidates,” Mr. Yombwe said.

He continued:”Then we were complaining in PF that the government was using public resources to campaign for their candidates. We had the Vice President coming here using taxpayers money to campaign for their candidate. The President and the Vice President campaigning for their candidate using public resources disadvantaged me as an independent candidate. So, we cannot move on with this nonsense going on around the country. We can’t keep on massaging the same injustices we were complaining about in PF. What has changed? Is there any justification? Then we had someone from plot one (State House) who visited that family with triplets in Kabushi, he left some money amounting to K10, 000. Is that not malpractice? Then the second authority in this land, she was worshipping in Lubuto UCZ (United Church of Zambia). She dished out some money to Churches, are these not the allegations that led to the nullification of that seat? So we can’t continue massaging the same things. Then we had some incidents of political violence, UPND were beating the PF who are not even contesting for this seat and my campaign team feared for their lives. It is not fair at all so the best way is just to resign and withdraw from the race.”

Four candidates successfully filled in their nominations for the Kabushi Parliamentary by election in Ndola on 25th August, 2022.

The successful candidates were Osius Telela of the Leadership Movement, UPND’s Bernard Kanengo, Richard Kalasa an independent candidate and Alfred Yombwe another independent candidate.

Earlier on Monday Mr Yombwe wrote to ECZ: “I write to inform you that pursuant to Article 52 (6) of the Constitution of Zambia, I have resigned and withdrawn my candidature from the forthcoming Kabushi Constituency by election scheduled for September 15th 2022 due to unfair practices on the part of other candidates in the campaign which includes distribution of money to the electorates as seen in some videos and beating up of people by the UPND. My campaign team has since been afraid to freely campaign.”

The Kabushi Seat fell vacant after the Constitutional Court upheld the High Court’s decision to nullify the election of Patriotic Front (PF”s) Bowman Lusambo over violence and bribery.

Mr. Lusambo attempted to re-contest the seat but ECZ rejected his nomination, the decision he is fighting in the courts of law.

Political stakeholders have expressed divergent views on the resignation and withdrawal from the parliamentarian By-Election in Kabushi Constituency by an independent candidate Alfred Yombwe citing malpractices by some contending candidates.

In his letter of withdraw and resignation to participate in the Kabushi By-Elections, Mr Yombwe cited that his resignation and withdraw from the By-election is in pursuant to Article 52 (6) of the Constitution of Zambia, adding that some competing candidates have been engaging in unfair practices such as distribution of money to the electorates as seen some in videos and beating up of people by the United Party for National Development (UPND).

But McDonald Chipenzi who is the GEARS Initiative Zambia Executive Director stated that self-withdrawal by an independent candidate cannot cause cancellation of an election and call for fresh nominations.

Mr Chipenzi noted that social media is awash with a letter of resignation (not knowing from what) and withdrawal (perhaps from the parliamentary race) allegedly issued by one independent candidate for Kabushi quoting malpractices by some rival candidates, a right has been exercised but if the aim is desperately to induce the cancellation of the By-elections and call for fresh nominations to accommodate the embattled duo, it is unfortunate but too late.

Mr Chipenzi cited that in accordance with Article 52(6) of the republican Constitution, a cancellation of nomination is through resignation, death and or disqualification of a duly nominated candidate.

“But resignation from what? It is from a party and not from independent because one goes nowhere,” he cited

Mr Chipenzi explained that nominations to contest an election is done in accordance with Article 52(1) of the Constitution and Section 31 of the Electoral Act, the Electoral Process Act No 35 of 2016 Section 31(1) states that a withdrawal of one’s candidature after the nomination period has expired is contrary to provision of section 31(2) and is null and void. Section 31(1) is illustrative and guides that a duly nominated candidate cannot withdraw from the race after the expiry of the nomination period.

Mr Chipenzi further explained that, the Article guides that a duly nominated candidates at parliamentary level thus, a nomination submitted under subsection (1) may be withdrawn at any time, before the expiry of the period appointed for lodging nomination papers in respect of the constituency concerned, if the candidate delivers to the returning officer a written notice to that effect.

Therefore, from the provision cited above, the Electoral Commission of Zambia has power to accept withdrawals from candidates done or delivered within the period for lodgment of nominations, but the Commission has no legal powers and mandate to entertain and accept any withdrawal done or delivered outside the timeframe for nominations.

“To this end and in my view, Alfred Yombwe remains the validly and duly nominated independent candidate for Kabushi parliamentary Constituency seat and his letter of resignation and withdrawal is null and void,” he stated

Mr Chipenzi mentioned that, it goes without argument that the cancellation of the By-election by the Electoral Commission of Zambia and the call for fresh nominations could be illegal, unexpected and farfetched.

And a Business and Political Analyst Francis Chipili noted that there’s a law of precedence at play in kabushi, because, In the August 2021 General Elections, an independent candidate Charity Lumpa withdrew her candidature for Lusaka Central constituency, and as mandated by law, the Electoral Commission of Zambia was compelled to conduct fresh nomination filing.

“Thus, it must be noted that court rulings become part of the law governing in society,” Mr Chipili said

And Economic and Equity Party (EEP) President Chilufya Tayali expressed contentment over the withdrawal of Mr Yombwe from taking part in the forthcoming Kabushi By-elections.

Mr Tayali explained that Mr Yombwe in his resignation evoked Article 52 (6) of the Constitution of Zambia and not the Electoral Process Act No. 35 of 2016 Section 31 (2).

The Electoral Process Act No. 35 of 2016 Section 31 (2) empowers the Electoral Commission of Zambia to reject a withdraw and proceed with the election, but where a candidate withdraws and sorts to involve the provision of Article 52 (6) of the Constitution of Zambia, the Law requires for cancellation of the Elections and call for fresh nominations from eligible candidates.

Mr Tayali added that his praying that more candidates will withdraw from taking part in the By-elections so that they will not be held.

“Even in Luangwa there are issues though not as bad as in Kabushi and Kwacha,” Mr Tayali said

Mr Tayali cited that it is imperative that this By-election is somehow disturbed so that they can start afresh.

“There will be no election in Kabushi, I know the UPND using their dictatorship, they are trying to push ECZ so that they don’t abide by Article 52 (6) so that the Commission doesn’t call for fresh nomination,” Mr Tayali said

“I know President Hichilema together with his people are busy scheming on how they can avoid having fresh nominations,” Mr Tayali added

Mr Tayali has since called on Opposition Political Parties to take a stance by withdrawing from taking part in the forthcoming By-elections as this will pave the way for fresh nominations.

Meanwhile, the Patriots for Economic Progress (PeP) President Sean Tembo noted with dismay the continued harassment of opposition candidates by the Anti-Corruption Commission (ACC) in the Kwacha and Kabushi Parliament By-election, with Mr Shadreck Mumba of United Prosperous and Peaceful Zambia (UPPZ) party being the latest to be summoned by ACC for no clear reasons, barely three days before the day of the polls.

Mr Tembo added that it must be noted that an election period is a very delicate period for voters, and the summoning of a candidate by law enforcement agencies has the potential to create a misconception that such a candidate is a criminal, in the eyes of the electorate, and potentially adversely affect the performance of the candidate during polls.

“If any of the Candidates in the Kwacha and Kabushi Parliamentary by-elections are suspected of committing an offence, why can’t the ACC wait until after the by-elections before summoning them, in the interest of fairness, transparency and equity,” Mr Tembo stated

He mentioned that, it is evident that the continued harassment of candidates amounts to a weaponization of law enforcement agencies by President Hakainde Hichilema, so as to achieve an unfair advantage over the opposition in the upcoming by-elections. Therefore, the outcome of the By-elections is unlikely to reflect the free will of the people of Kwacha and Kabushi.

Mr Tembo has bemoaned civil society organizations such as the church and traditional leaders for being silent in the face of various atrocities which the New Dawn administration is perpetrating against democracy, institutions of democracy and players in the democratic space. Civil society organizations should wake up from their slumber and contribute to the provision of checks and balances with the same vigor and tenacity with which they did under the previous regime, otherwise they risk being perceived as an arm and extension of the ruling party.

Mr Tembo has since advised President Hakainde Hichilema to cease and desist from undermining our democracy through the weaponization of law enforcement agencies against the opposition. As a matter of fact, law enforcement agencies have greater potential to damage our democracy when they are used to harass the opposition, than political cadres.

“Therefore, you cannot reduce harassment by political cadres but replace it with harassment by the Police and claim that you have made progress, Zambia and the Zambian people deserve a properly functioning democracy and not a facade of a properly functioning democracy,” Mr Tembo said

President Hakainde Hichilema has brushed aside assertions suggesting that the International Monetary Fund (IMF) deal will come with harsh conditions that will result in the privatization of some public companies and subsequent loss of jobs.

The Zambia-IMF deal of the early 1990’s came with the privatization of many government firms that led to job losses in the public sector.

The IMF Board recently approved about US$1.3 billion – a 38-month ECF arrangement for Zambia to help restore macroeconomic stability and foster higher, more resilient, and more inclusive growth.

Zambia had been pursuing an IMF-supported economic programme since 2016 and it became the first African nation to default on its debt in November 2020.

Featuring on a Radio Icengelo Interview in Ndola on Monday morning, President Hichilema assured Zambians that the International Monetary Fund (IMF) deal will not come with privatisation of public companies as alleged by government critics.

The Head of State, who is visiting the Copperbelt Province, said it is propaganda to allege that the IMF deal will come with privatisation of public companies and job losses.

President Hichilema said the interest free IMF loan will be used for investment in the education sector, health sector and social protection sector.

He said the New Dawn Government is not borrowing for consumption like the PF government.

President Hichilema added that the IMF deal is an outcome of homegrown solutions to the current economic challenges that have ravaged Zambia.

“We do not want to borrow for consumption. Mwaya mwakongola ulupia mwashita ka motoka tamwakwata ng’anda ba Valentine (interviewer Valentine Mukuka) mulechita rent nomba Mwaya mukongola ulupia mwashita ka BMW instead ukushita akayanda pakuti muleke ukulipila rent. You think you are happy you think you are clever? You are not smart. So, the first thing is to say don’t borrow to use money to eat. When you access money, access it to invest so that you can generate more money. That is why I keep cattle; instead of buying a BMW when I was young I bought cattle and they reproduced. Then they gave me more money. As simple as that, the economy is like that,” President Hichilema.

“There is nothing like that (privatization and job losses). No no. Ba Valentine tulanda ati e propaganda ii. When a person fails to think, destroys the economy then some people come to fix it like we promised that Bally will fix it. As we fix some people are thinking what are we going to say now? Let us say this to confuse the people. There are no such conditions. I said this is our programme. It is not the IMF Programme. The IMF comes to support our own home grown programme and we cannot set conditions like that, we cannot agree to those conditions. How can we agree to those conditions if we want to grow the economy, if we want to create jobs? That is our agenda to create jobs ba Valentine wesu,” Mr. Hichilema responded.

Meanwhile, President Hakainde Hichilema has pleaded with Copperbelt residents to be patient as the Government looks for solutions to address challenges affecting the mining sector.

President Hichilema said the Government will soon announce new developments regarding the way forward on Mopani Copper Mines that need capital investment.

The Head of State said the Government is restoring sanity in the mining sector which was left in shambles by the previous Patriotic Front regime.

Mr. Hichilema said the PF regime made a big mistake by liquidating Konkola Copper Mines and when buying Mopani Copper Mines from Swiss firm Glencore.

“We are working rapidly to unlock the Glencoe problem. You know there is a Glencoe problem in Mopani there? Where 1.5 million dollars by our friends in PF. I don’t know..Kushipula ndelanda uku, how the transaction was done I don’t understand but it’s our duty to unlock it now. We have brought in everybody on the table and very rapidly ndelomba abena Kopala, we have demonstrated to you that we can unblock things. Let us continue working together in that direction. Let us not be despondent. Let us not go and do wrong things. We are on the right path to unlock KCM and Mopani and everybody will benefit from that. What benefit will it be to say now tatulefwaya ukubomba, no we down tools when the solution is coming,” he said.

Some miners working for contracting firms under Mopani Copper Mines recently down tools over salary arrears.

Mopani has not been consistently paying its contractors and suppliers as it struggles financially due to lack of capital investment.

On 31 March 2021, ZCCM-IH acquired 90% of the shares in Mopani Copper Mines (MCM) from Carlisa Investment Corporation, owned by Glencore and First Quantum Minerals, following approval by ZCCM-IH shareholders at an Extraordinary General Meeting.

The amount negotiated was $1.5 billion to be repaid annually over a period of 10 to 17 years.