Deputy Minister of information and broadcasting services Mwansa Kapeya has said Government has observed with dismay at opposition Heritage party leader Brig-General Godfrey Miyanda’s growing appetite for cheap publicity by issuing inflated and misleading statements which he cannot substantiate. He was reacting to a press statement issued recently by Brigadier General Godfrey Miyanda.
Below is the Press statement by Brigadier General Godfrey Miyanda as appeared in the Zambian Watchdog dated 9th April 2013
Zambians are habitually good at shooting themselves in the foot. When they identify that something is wrong or not backed by law, they nevertheless go ahead to support, promote and/or contribute to the same wrong thing! Just now there is a second circus that has been going on for some time now, unjustifiably gobbling up billions of Kwacha, in the name of writing the so-called new constitution without legal backing.
When we first used the term “Tower of Babel” against the fallen NCC we were roundly condemned. Later that NCC (the First Twin) died in the manner we had predicted, in the process leaving behind its twin sister, whose name is still not yet clear. The Second Twin Sister was first named “Committee of Experts” by the President but did not seem to have any experts in the name of draftsmen. The President also appointed three Catholic Bishops to sit on the committee, but they did not accept, confirming that ZEC were never consulted. No enabling Act with defined terms of reference was promulgated. Many citizens and civil society organisations, including Transparency International, cried foul but are now quiet.
The Government has to date not indicated under which law the creature came into existence. Previous ones used to be under the Inquiries Act which civil society condemned. But today there is not even the Inquiries Act or any other provision of the law – it is ‘Donchi Kubeba’ all over again. The persons sitting on this Committee later dubiously claimed that they were created under “Article 44” even though the President never indicated so.
When the President announced the establishment of this so-called “Committee of Experts”, he did NOT state under which law he had done that. Further he included a Cabinet Minister, the then Minister of Justice Hon Sebastian Zulu. Justifying the inclusion of the Minister, he stated that this would make it easier for the Committee to resolve problems that may arise in the course of their assignment since Minister Zulu who had direct access to the President would revert to him. This obviously meant that the President would be kept up to date on what was going on (was he a secret member of the committee?) No wonder the President always condemned the contents of reports being presented to him even BEFORE he had read them. He knew in advance what was in a report that had not yet been presented to him! Now we are told the Silungwe Committee will take their report to the President; under which provision? At least the NCC was created under an Act of Parliament, the NCC Act. What is our issue? It is that without an enabling law we, the People, remain at the mercy of the Executive to decide as they please.
I recall attending the last public meeting of the Committee at the Government Complex sometime in April 2012. The committee was about to embark on their paper trail of expensive but unjustified tours of the hinterland. Since there was no proper or legal definition, I asked them two questions: how were they going to decide who attends the regional meetings that they were embarking on? How will they decide which submissions to accept after the people have submitted? The Chairman, His Lordship Mr Justice Annel Silungwe, categorically stated that they would not allow new submissions but only comments. He avoided the second question. We ask this question again: how will the Committee decide which submissions or even comments to accept or not accept? What is their mandate to do so? Why should a Committee that was tasked to use existing materials decide to conduct their own plebiscite after the failed NCC fiasco? Is the President obliged to follow the recommendations that will be submitted by this irregular Committee? One of the Members of this Committee, Mr Kabanda, popularised the maxim “process protects content”. What law is his committee following?
A government of laws and not of men means one that respects and observes the law at all stages of an undertaking such as the constitution-making process. We are convinced that Zambians will once again be taken for a ride. With the routine poaching of opposition MPs, promoted by the President himself, the numbers in the National Assembly are daily being manipulated and inflated in favour of the Executive with no legal safeguards. Fellow Zambians, the writing is on the wall; do not come and say that we did not ‘kubeba’ you!
GODFREY MIYANDA,
BRIGADIER GENERAL,
HERITAGE PARTY
In reaction to this the PF Government issued the following statement through Hon Mwansa Kapeya,MP,Deputy Minister of Information and Broadcasting services
Government has observed with dismay, opposition Heritage party leader Brig-General Godfrey Miyanda’s growing appetite for cheap publicity by issuing inflated and misleading statements which he cannot substantiate.
His allegation that the ongoing constitution review process is illegal and a waste of money, as reported in the media, is a case in point.
The utterances are unfounded and uncharacteristic of a man who once held a high position of responsibility as Republican Vice President which demands a high level of integrity and honesty in dealing with serious national issues.
Contrary to Gen. Miyanda’s assertions, the current Constitution Review Process is a build-up on the previous but futile attempts by the MMD Government when they were in office.
In constituting the Technical Committee Drafting the Zambian Constitution, His Excellency President Michael Chilufya Sata acted within the powers vested in him by the laws of Zambia, in particular, Articles 33 and 44 of the Republican Constitution.
There is no basis whatsoever that in appointing the Technical Committee Drafting the Zambian Constitution, the Republican Constitution or any other law was breached.
The absence of a piece of legislation, especially designed to deal with the aspects of the constitutional reform being undertaken under the auspices of the Technical Committee Drafting the Zambian Constitution, does not in any way subtract from the legality and constitutionality of the ongoing constitution review process.
We challenge Gen. Miyanda to specify any illegality in the ongoing Constitution Review Process and how the absence of a legal framework, as he alleges, will hamper the successful delivery of a new Zambia Constitution.
Unlike the previous Governments, the Patriotic Front Government has demonstrated its utmost commitment to a people driven Constitution as evidenced by the process so far which has been highly transparent and participatory by the people of Zambia from all walks of life.
Interestingly, Gen. Miyanda and his Chairperson for Mobilisation Mr Godfrey Milambo, are delegates at the ongoing National Convention on the new Republican Constitution at Lusaka’s Mulungushi International Conference Centre.
It is therefore an act of extreme dishonesty and hypocrisy for Gen. Miyanda to play to the gallery by pretending to condemn the ongoing Constitution Review Process in which he is a participant.
Looking at the number of participants and the diverse sectors they represent ranging from youth and women organizations, students, traditional leaders, academia, the clergy, the labour movement, civil society, civil servants to political actors and other stakeholders from all corners of Zambia, Government is confident that the product that will come out of the ongoing National Convention on drafting the new republican Constitution, will meet the aspirations of the Zambian people.
Government further restates its commitment to delivering a people-driven Constitution and will not be swayed by undue and unwarranted criticism.
USELESS I-DIOT, Where is your boss. Is he back in hospital
Rubbiish membe. Statement
Utter hypocrisy-l remember this same miyanda defending the the citizenship clause in the mwanakatwe constitution almost on a daily basis when he was vp-now he has the guts to claim to be a champion of constitutionalism.when he was vp he ordered the shooting of kk and roger chongwe in kabwe
No constitution in the world gives citizens
100% satsfication. LET THE INSULT YOU.Praise God !!
Follow, follow, follow me, but the flock never followed. Why? What you think and what other people make judgement of you are totally different things. Some politicians are so rigid in their thoughts like a twisted potato. If you try to straighten a potato it can simply break. Some politician are so rigid in thinking that they only perceive that they are the only ones who have the right frame of mind than others. They fail to fit in many govts year in and out. no wonder they resort to underhand methods to want to come to limelight. So rigid that one has no political friends, so ‘rightious’ thinking in their heads but cannot even attract following of masses. What a world! May be you don’t deserve to lead people. Even quitting can be an option and do other things other than politics.
Mr. Kapeya: please read and understand the law before committing yourself to public statements.
Articles 33 and 44 have absolutely nothing to do with Constitution making. They deal with the Presidency.
Creating an inquiry into a matter requires a law. That is why a Commission of Inquiry appointed by the President is done under the Inquiries act. This is essential to give legal legitimacy.
The present procedure is not based on any law, therefore anybody can challenge the process at any stage.. but more importantly there is absolutely nothing binding in the process, meaning that the President can change anything and everything before passing the “draft” to the partisan house which will pass it into law. You will then have no opportunity to challenge once it is in the Constitution.
I am really getting tired of the apparent travesties of reason. Mr Mwansa Kapeya? What is so difficult about simply stating that the legality of the process is embedded in the NCC Act? Which provides legality to appropriation of public funds. And that the composition, is ultra vires to the Act, unless there has been an amendment. Article 44 (g) provides that the President can “appoint such persons as are required by this Constitution or any other law to be appointed by him”. But, the NCC Act defines the composition in Section 4. Further, Article 33 of the Republican Constitution have any provisions that grant the President powers to constitute a body like the Technical Committee (Please Mr Mwansa check again). Sic!
In short, the General is right!
Chikapeya, I think you are drunk nefibowa fyakwakabusha, you have no logical reasoning. You defense on the two issues since your chi kateke went out leaves much to be desired. I George Kunda who loddied for your job was around, Its you who could have killed him with you shallow reasoning. I am disgused. Wechibwawe.
CORRECTION
I am really getting tired of the apparent travesties of reason. Mr Mwansa Kapeya? What is so difficult about simply stating that the legality of the process is embedded in the NCC Act? Which provides legality to appropriation of public funds. And that the composition, is ultra vires to the Act, unless there has been an amendment. Article 44 (g) provides that the President can “appoint such persons as are required by this Constitution or any other law to be appointed by him”. But, the NCC Act defines the composition in Section 4. Further, Article 33 of the Republican Constitution DO NOThave any provisions that grant the President powers to constitute a body like the Technical Committee (Please Mr Mwansa check again). Sic!
In short, the General is right!
How did bozo from ifyabukaya become Minister?
Useless Miyanda. Continue barking.
@ Floyd Chitalu you amaze me. I honestly believe you are a parrot! Will you ever do an analysis of statements from these Ministers before you give us your usual diehard PF opinions? General Miyanda is questioning the legality of the current constitutional making process. The response from the Minister sounds like a battle cry. If PF had better responses they could have advanced them soberly. Surely the opening remarks are out of place and un Ministerial! We don’t need such vile especially from Ministers and party cadres like Floyd Chitalu.
@ 3 (al) I remember the retired General was asked a question during a press conference at Kitwe’s little theatre (I think in 2005 or 6) as to why he did some things he did when he was VP and his response was that it was collective responsibility.
cadre kapeya,i doubt u personally responded to mr miyanda’s statement,coz that english is beyond u.
Fo opposition Miyanda and ZWD in bold. But for govenment, not in bold. Message clear, ba LT!
Why has general Miyanda accepted to be at the Constitution Review Process and participate if it is illegal? He was invited to an illegal constittution review commission and he accepts and then criticize it. Please give us more popcorns!
I wonder why press statements issued by Govt Spokespersons are invariably couched in demeaning, disparaging, caustic and abrasive terms! I suppose a factual, balanced and objective statement would score more PR points than a strongly worded or vulgar response. The focus ought to be on the issue & not personalities. I think Hon. Kapeya should take a leaf from the US White House Spokesperson. Rgds, Ray Musana.
I wonder why press statements issued by Govt Spokespersons are always couched in demeaning, disparaging, caustic and abrasive terms! I suppose a factual, balanced and objective statement would score more PR points than a strongly worded or vulgar response. The focus ought to be on the issue raised & not personalities. I think Hon. Kapeya should take a leaf from the US White House Spokesperson. Rgds, Ray Musana.
Miyanda ayamba kutumbama, who is funding him?
Personally I don’t understand why a ministerial statement should be written like a political rally message or tabloid commentary. I expect a sober business fashion matter of fact statement stating logical facts that address specific issues raised – no more, no less.
that statement by Kapeya must have been written either in an office along bwinjimfumu road by a wanna-be lawyer/editor or in an office along independence ave by the wanna-be lawyer/editor’s soul mate. Analysis is zilch!!!!!!!!!!!!!!!! Vindictiveness at the apex
What does this man want?He used be be a well respected person but now mediocrity has become his middle name.Miyanda has become a “Johny come too late” moron.Tody he must raise such irrelevant issues.Zambians want a good constitution,not legal gymnastics
Zambian online blogs have been hijacked by PF cadres.
Opposition you need to step up your game.
Mwansa Kapeya’s response does not appear to have been written by a Permanent Secretary. The launguage in this response is from Bwinjimfumu Road. Can’t u guys tell by the arrogance of the tone that this response is by the Past Newspaper and NOT GVT?
And that rubbish statement came from a PF Minister, God help us! Mwansa Kapeya that sort of statement may be okay in your mother tongue and your tribesmen. However be reminded that Zambia is a multi ethnic nation and we expect decency and decorum from people who occupy public offices. General Miyanda did not call anyone names but raised legal issues which made the PF constitutional making process illegal. The best you could have done is seek advice from the Attorney General.
Where is LAZ to give a legal opinion. Who is the current LAZ president?
TO BE HONEST BWANA KAPEYA CAN’T WRITE THAT TYPE OF ENGLISH THE MAN IS A GRADE SIX ,HE DOES NOT EVEN UNDERSTAND 99% OF HIS SO CALLED STATEMENT DEFINITELY ISSUED BY NO OTHER THAN M’MEMBE OR NCHITO.BY BWANA KAPEYA HOW MANY REGIONAL TV STATIONS HAVE COMMISSIONED SO ?NONE .I THOUGHT THAT WAS YOUR ONLY MANDATE AS DEPUTY MINISTER,HOPELESS CNPs
Sylvia Masebo this is for what your friend Maggie said about ANC and what you say about Tongas………
The ANC is a typical terrorist organisation … Anyone who thinks it is going to run the government in South Africa is living in cloud-cuckoo land’ – Margaret Thatcher, 1987
Laz is biased. Miyanda has become mad.
The general is not right. He is just rabblerousing as usual. He is a hypocrite. I remember him personally harrassing ZNBC journalists for not putting him on air when he was acting President. BaPF naimwe you have taken toooooo long with this constitutional review or whatever. Can we have some conclusion?
I personally don’t recall ab time when our great General agreed with other people’s views. He seems to relish expressing views that are at variance with what everybody else is thinking. I happened to have passed through Mulungushi to check on a colleague who is a delegate yesterday and I actually saw the General outside the conference centre. Having just now read this blog, I am wondering what he was doing at the illegal convention. Things are certainly getting curiouser and curiouser day by day with our great General.
Zambia will continue failing to solve problems because of the “I BELONG TO SYNDROM”. I have seen comments that are astray without knowing what Miyanda was talking about. What Miyanda is trying to point out is the legal backing of the whole process so that if anything came up there is a backing of the law to the process. There was no need for the Minister to come out like he did.
Mwansa Kapeya should seriously consider to get back and read news bulletins in Bemba at ZNBC. He is no match to the well-respected Brig-General Godfrey Miyanda. Brig-General Miyanda is a morally clean, consistent and highly principled politician on the Zambian political landscape.
The barking calls of the wolf called Kapeya consolidates the extent to which PF has eroded democracy and peace in this country. Kapeya is best advised to revive the Bemba program of “IFYABUKAYA” than expose the absurdity of the PF government to the SADC region.
If Brig-General Godfrey Miyanda were to assume the Republican Presidency, this country would witness a reconnaissance to revive decency and attract credible inestors to this country – and hence create more employment. One day God will answer our…
I have asked this before; I will ask again in the hope someone might know the answer: why does retired Brig-Gen Miyanda sign off as “GODFREY MIYANDA,
BRIGADIER GENERAL,
HERITAGE PARTY”?
As a former military officer myself, I believe the proper way for him to sign off on official correspondence is “Godfrey Miyanda, Brigadier-General (Rtd)” – meaning Retired, thereby distinguishing a still serving officer and a retired officer. I also notice now he doesn’t even refer to himself as “President” of his one-man party any more!! A case of selective amnesia, may be?
@34 once a General, always a General