By Isaac Mwanza

The decision by Electoral Commission of Zambia (ECZ) to bar Hon Joe Malanji and Bowman Lusambo has moved the question out of the realm of who should be an independent referee to our court where independence of the Judiciary is now under further test.

On 25th August, 2026, ECZ Returning Officers from Kabushi and Kwacha, under instruction of ECZ, declared the nomination of Lusambo as invalid. The decision was immediately challenged in the High Court within 5 days under Article 52(4) of the Constitution which allows any person to challenge the nomination of a candidate within 7 days.

The only basis for the decision was that that the earlier election of both Lusambo and Malanji were nullified, hence disqualified.
Meantime, the Constitutional Court swiftly gave an interpretation that clearly said a nullification of seat does not mean a candidate is disqualified from recontesting. May I add that the vacancy which has been created has not been created by a candidate but by the decision of a court to nullify.

According to Regulation 19(7) of the Electoral Process Act (Regulation),

”The determination of the returning officer that a nomination is…invalid is final unless challenged through an election petition in accordance with Article 52 (4) of the Constitution.”

The High Court has sufficiently been clothed with jurisdiction to make a determination on the decision by a Returning Office to declare the nomination as invalid. Is the High Court up to meeting this statutory obligation and contribute to the growth of our nascent democracy?

Article 52 requires that the petition filed by both Lusambo is heard and determined within 21 days from 31st August, 2022. This means the High Court has upto 21st September, to hear and dispose the petition on whether the decision of the Returning officer to declare their nomination as invalid and male such declaration and orders.

Again I say, our Electoral Commission of Zambia has not assumed the same independence the Kenyan Independent Electoral and Boundaries Commission enjoys. We still far from attaining that independence so long as Commission are placed under the Executive.

On the other hand, our courts are facing the same test to shoe they can exert themselves and expediently determine matters and protect their own independence. The Kenyan Courts are by far a shining example on the African continent when it comes to timely dispensing justice.

The time has come when the Judiciary must open its door to the media to do live Broadcasts of these Court proceedings. The Judiciary is accountable to the people and must be seen to promote freedom to access and disseminate information.

By Fred M’membe President of the Socialist Party

Another patriot has joined Dr Grieve Chalwe and I in grieving over the IMF Deal our President has proudly and happily entered into. This griever is Dr Mbita Chitala, who together with Dr Akashambatwa Mbikusita-Lewanika initiated our country’s return to a multiparty political dispensation under the Movement for Multiparty Democracy in 1990. And Dr Chitala was Deputy Minister of Finance under the Chiluba government. He is a specialist (researcher) in public finance. And here is his grief:

“Dear countrymen and women. The challenge Zambia faces is to pay $8.4 billion to our creditors which we do not have. The $1.3 billion extended credit facility or overdraft for 38 months and its painful austere conditionalities is aimed to help us have the due debt cancelled or deferred or paid. How, our leaders must tell us. What we should however be prepared is to really sacrifice our happiness as the austerity measures our government has agreed to unleash will be really painful. Our government has agreed to move our economy from the 6% deficit to 3.2% surplus within three years. This will be done by cutting expenditures and raising taxes. Tax to GDP ratio will rise to 3.4%. Corporate taxes will reduce from 4.5% to 4.2%. There will be no VAT exemptions on such basic needs as medicines, food etc. The wage bill will marginally rise from 8.1% to 8.6% even as the average ought to be 9%. Taxes on labour will go up. Subsidies on electricity will end by December to reflect cost of provision. Fuel subsidies will end as from this month. FISP will be cut as well as any subsidies to our farmers.

The government will enact a PPP Act to introduce user fees for public services. The Social Cash Transfer will marginally increase from K90 to K110 per month. On signing to these conditions, Zambia will receive the first $185 million to help in our balance of payments challenges. That is to service some of our debts. At the same time, the World Bank has announced to give us some loans and budget support grants. We also hope other multi laterals and bilateral as well as FDI will come in to support our program. This is a summary of the economy we should all prepare to endure. Austerity and sacrifice. Tears and pain. Cry my beloved country indeed.

Dr Mbita Chitala.”

This is what Mr Hakainde Hichilema, the UPND and its government celebrated and want you to glorify! But as Jimmy Cliff sang in a reggae rhythm, “Time will tell, time alone will tell…”

By Prince Bill M. Kaping’a Political/Social Analyst

There have been calls from certain sectors of society for government to consider taking over the mines. “With the current favourable Copper prices, we wouldn’t even be going to plead for bail-out packages from the imperialists,” you would hear them say.

Do you honestly think the government should entangle itself in the business of running the mines? I would be shocked if such sentiments would be coming from senior PF party officials such as Chishimba Kambwili, Wilbur Simuusa or Davis Mwila as I expect the trio to easily understand how our own citizens ran down the mines during the ZCCM days as we were once queuing up for kampompo at the Nchanga Open pit Mine!

A plethora of reasons contributed to the eventual collapse of the mines – ill qualification, supplying air, indiscipline, dishonesty and the lack of dedication, among others.

One day, a mobile crane which was vital in the operations of mining activities at the Open pit broke down. The outriggers, and components where the crane stood as it hoisted things couldn’t eject. The diesel mechanics were the first ones on site – they touched everywhere they could but the machine still remained malfunctioning. “This is an electrical problem, electricians must come in,” they insisted.

A colleague and I didn’t waste time jumping onto the machine. We diagnosed the circuits from the source (battery) to the solenoids that activated the outriggers. We couldn’t detect any fault.

In the meantime, production was being delayed. Rado messages soon started flooding from the highest echelons of power in the mining establishment. “How come ore isn’t moving?” “There’s a machine blocking the way!” “Where are the mechanics?”

Seeing that we didn’t seem to be getting anywhere, we roped in the so-called experts from both sides of the aisle – mechanical and electrical engineers. They just stood there like idiots…..big eyes on their faces. And these were individuals trained by the state at either UNZA or foreign universities at great expense to the nation!

“Well…..bring in the manufacturers if you can’t fix the equipment!” an irritated voice cracked in the radio. It was that of the Open pit manager.

Later in the day, a boisterous, tall and slender individual pitched up! He smoked one cigarette after another.

After briefly interrogating us, he briskly jumped onto the machine. In no time, the machine came to life and was soon standing on the outriggers. Do you know ukupomboloka ngensoka? Well, that’s what the engineers did! They totally had no clue about the fault on the equipment.

Apart from this, we had artisans who would be dispatched into the pit to attend to broken down machinery. Instead of getting down to work immediately, they’d doze off inside the shovels (not the shovels you use kumanda, but those monstrous machineries they use in the Open pit mines to extract ore from the ground, and load it onto the equally gigantic dump trucks) only to come alive a few minutes before their shift ended. They simply did so to drag the work into the next shift so that they could be paid overtime!

Kambwili worked at Nchanga as a “changa changa” – personnel officer. He would be in a better position to tell the nation how ba shimaini absconded from work after getting paid, how many times they feigned illness after a heavy drink up or pretended to have lost a relative in the village so they could stay away from work. All this was happening was happening as nobody seemed to care! “Chabuteko ichi, so what if I don’t report for work!” most of the miners would retort.

And yet you want government to step back into the mining business…..to finish off the mines, not so?

If we’re insisting on citizens running the mines, this mustn’t be conducted under the framework of the government but rather private citizens teaming up and bidding for these mines. Government must limit itself to the role of providing affordable loans under the auspices of CEEC, NATSAVE, DBZ etc. Even part of CDF can be channeled to such activities as it is likely to creat employment for our youth instead of bogus projects where some unscrupulous individuals are scheming to defraud the state through overpricing.

I rest my case…..