Dear Honourable Member(s) of Parliament,
Ref:Removal of the Offence of “Abuse of Authority”
As a political organization that understands and appreciates the responsibility owed to our citizens, we will be remiss not to oppose this travesty of a bill, whose considerations do not put the interest of our people first. It is with this background that we are appealing to you as a current representative of the interests of your constituents, to individually consider the future ramifications of allowing the referenced bill/clause to be translated into law. This bill originated by the MMD, as a “corrective measure” against corruption is an ill-conceived diagnosis and solution to the extremely poignant problem of corruption that our potentially great nation is not only facing, but is enduring its ugly consequences on a daily basis.
Do not be mistaken, the citizens to whom you each supposedly owe allegiance to, know and understand that “Abuse of Authority” is a very clear-cut and specific action. There is absolutely no combination of words; however intelligent, that can nullify the action of “Abuse of Authority” and thus exclude this offence from our laws. It is baffling to note one named Cabinet Minister lamentably attempt to defend this bill by saying, “It [offence of abuse of authority] is harmful to the management process…people are now afraid to make decisions for fear of being criminalized on account of the same clause”. This justification made by the said senior member of the MMD Government’s Executive, simultaneously demonstrates a shallow and yet deliberate misunderstanding of the importance of accountability to our citizenry. If this is the argument coming from the proposers of this bill, and it successfully goes through, we will be correct in assuming that your allegiance as MP(s) do not lie with your constituents and country. Further, the language of the bill itself is carelessly ambiguous and any person(s) who indeed abuses his or her authority, stands to get away with a serious crime on a mere technicality of law.
By this letter, we urge all up-standing MPs worthy of the title “Honourable” to not only shoot down this proposal by Parliamentary vote, but begin legislating and refining proper policy and procedure for government functionaries that will further increase accountability. It is only by applying different and wholesome methods that we will see a positive direction in the governance of our nation- a privilege and service afforded to you by our citizens. We encourage and push each and everyone of you, to think beyond party lines, and be very conscious of the current plight of the majority of our people, who depend on the decisions you make in that House for a better and hopeful future. This bill should not pass.
On behalf of the Citizens Democratic Party,
Sincerely,
Robert Mwanza
CDP Chairman
mmd has an inbuilt minion majority who ‘ll support this trash no matter how much our people dont like it. Rupia is a stubborn man who will stop at nothing to make sure this shi.t goes through. so many people have been prosecuted and found wanting by this wonderful piece of legislation, one wonders why the govnt is so much interested in changing something that has worked so well, leaving all other pieces of trash that are suppose to be changed. the only reason why this is being pushed so hard is because george, rupia, shikapwasha etc are deadly scared of this legislation. they know they cant survive it once they are out of power.
Now Regina Musokotwane has said rubbish about the pact, after the 2 parties agreed to respect each other. Does it mean UPND do not want the pact to work?
RB and his cohorts are trying to seek insurance against prosecution by editing the Abuse of Office Clause. I sincerely hope all well meaning MPs even those in MMD will vote against this Bill.
We deserve to bring all those who plunder our resources to book and they shouldn’t hide behind amending the Law
This is a case of “this law is harmful to my mismanagement process”.It’s my interests first and zed second.How can one be elected to make laws for all then try to exempt themselves? All are equally yoked or none.None shall be above the law and anyone without skeletons should have no fear executing their job.Where there’s smoke there’s…….a politician.
2# Not at all. My dear, the only person they dont want is SATA…!!! As long as they insist on sata nothing tangible will be achieved by this pact..!!!! These people are very serious about this, they are even saying it is better to look another candidate in PF to be presidential candidate but surely not sata..!! If sata stands, he will loose to banda..!!! They are saying PF and UPND must share the seats and the provinces such as Southern, western, North-western and central go to UPND and Northern, Luapula, copperbelt and part of Lusaka go to PF and they share Eastern province..!! This is one of the trick by UPND, if PF refuses then, go to hell, These MPs like Musokotwane do not trust sata at all..!!!! Remeber, they will be some opposition MPs after election..!!!!
#2 – just be informed that the major distruction to the Pact are The Post Newspaper. Regina was on Radio on Thursday (while the two parties had not reached concesus) and by weekend, we all know that PF and UPND were lovers again.
But to everyones surprise,they have chosen to publish and old story with a screamer of a headline…. am really disgusted by this !diotic and nonses vuvuzela….newspaper.
How many members of Parliament belong to the Citizens Democratic Paty?
If there are none, doesn’t it mean that in a democracy, the people of Zambia do not accept the CDP’s views? Democracy is rule by the majority and not rule by the sensible, the clever and the most talkative. If you have not been chosen by the people shut up or put up!
Chimbwi pakulila ninshi pali emo akoselele.
#3 sum guy
You have been duped to believe a lie. This lie has become so widely spread that people are beginning to believe it. I am saddened that people on this site, who are mature and thinking people can be so gullible as to be taken in by mischievous and sub-human species of politicians who should have been among the specimens of Dr Leakey in Olduvai Gorge! No one can abuse authority where the sub-ordinates know their duties. That is where the whistle blower comes in. The overall crime is that of corruption, and that covers abuse of authority. Any office bearer who acts ultra vires, abuses authority and they can be punished under the Laws of Zambia as they stand. This clause, adds nothing, unless of course one is from Olduvai Gorge!
Pipo don’t mind these pipo who are talking againest the pact.if u look at regina,she is old and she is in employment as MP,she is confortable they are eacting on behave of poor zambians.look at her size very huge.wat about us?no jobs.and pliz pipo wen an individual say something dont said UPND said,no.that girl she is UPND lebel dont mind her she is confused woman.am UPND myself we need pact in UPND bcoz UPND we cant win elections no mater what.you post pipo stop this madness of searching confusions in the pact.Regina said it on sartuday and u are bringing it today.stop that foolish coverage focus on development.am living in mazabuka and i listened to that program and some of the comments she didnt say it.its just coming from m’membe and his team,i dont what they are thinking
When a law is very vague, it opens opportunities for malicious people to cause trouble for their enemies willy-nilly. Take, for example, a situation in which a Public official has to make a decision in the split second in order to save life. Say, there is no Oxygen in UTH, and the Oxygen budget has run out. The official diverts funds from somewhere in order to meet the need, but in the process breaches procurement rules. In the cold light of day, we would say he did the morally right thing, but legally, he is liable to prosecution. He is arrested and charged. He now faces a long battle in court to clear his name. He may be acquitted in the end, but the process never leaves one without lasting damage. That is why that clause was bad law.
The point of what I am saying is that Public officers should not be prevented from using ‘common sence’ in order to do their job for fear of reprisals. In management, decisions have to be made and responsibilty for that decision so made must be accepted. If, however, there is pecuniary and illegal gain to the official by virtue of the decision that they have made, then there is room to prosecute for corruption. If the official I mentioned earlier, deliberately run down the Oxygen budget so that his wife’s company would supply the Oxygen at the last minute uncompetitively, then there is no doubt that we have adequate instruments to bring this person to book.
Regina has a point
‘think beyond party lines, and be very conscious of the current plight of the majority of our people’ In other words think of Zambia, think beyond yo stomach, thats all the writer is asking of…
Well, removing this provision is not a problem for me, the next government should an hour upon being sworn in office suspend the constitution for two hours, round up all the politicians who drafted and enacted the removal of the “abuse of office provision”, shoot them all in the head at a full house Independence Stadium, reinstate the constitution and the abuse of office Clause once again. This way, everybody will truly fear abusing the government, in any manner. Jerry Rawlings of Ghana did this and since then, abuse of office is the most hazardous misadventure in that country. Had Chiluba been Ghanaian, there would be fully grown mango trees on his grave, with fruits!
#5 Sata formed PF under very difficult cirmstances just like Mazoka. Do you expect him to give up his party to another person without first fufilling his dream of saving Zambians?
MMD on the other hand was formed by a team of politicians with different visions but one goal of removing KK from power. This explains why MMD is corrupt.No one is responsible for the party and members do no respect fundamental principles under which the party operated when it was formed. UPND and PF were formed by individuals who had a vision for this country and their vision have become guiding principles for both parties. I have always been looking foward to see MMD removed from power because it is not a party. It is a corrupt movement.
Ditch pact, (because Sata & PF cannot be trusted) UPND Katombola MP urges her party
I concur partly with Mrs Musokotwane on the point that Sata and the PF cannot be trusted. And I want to believe that HH is very alive to that fact. However UPND forming government on its own is not possible now just like it is not for any other opposition political party. Therefore the best UPND can do is to work within the pact as long as they are given the presidency or leave and form another pact with Milupi, Magande, Miyanda etc. if the UPND opted for another pact then HH would accept any position in there as any leader chosen to be pact president from these parties are equally stable and predictable. But this should be the last resort. Alternatively let the PF provide a stable and predictable…
Alternatively let the PF provide a stable and predictable candidate than Sata who will lead the pact.
Many may say but Sata was a performer when he was a minister and governor but sorry we can’t have someone at state house that has never been predictable throughout his political life and whose party’s manifesto is just to put more money in people’s pockets, chase the Chinese and re-arrest Chiluba. Chiluba put more money in peoples’ pockets through his brown envelope system (from his jacket pocket) but that is not what we need as a nation. I have failed to understand Sata’s vision for Zambia. His nephew Winter Kabimba has also failed to tell us what his uncle is going to do better once he has removed RB from office.
Recently he has been talking a lot about reducing corruption. How can…
How can he promise to reduce corruption when he was prepared to let go scot free the arch angle of corruption (Chiluba) in 2006 in exchange for the Luapula province vote? Such inconsistency! Gentlemen state house is not a joke. If we put someone without a vision, program and consistency, we are going to regret as Zambians as we go into a decade of the rule of terror. It is not every man who can be a good president. Some are just good at implementing programs in place. Through his dictatorial tendencies Sata can push work but he lacks the discipline and vision to be the overall. He can only rule through terror. This is how he rules in PF. This is what has driven HH to insist on the presidency contrary to the power hungry reason given by his jealousy opponents. Sata can be a good campaign…
Sata can be a good campaign manager or a good spokesperson of a political party to just push forward a party’s position, whether good or bad, or launder it and in the process stepping on many people’s toes just like William Banda. He is good for party mobilization activities with unpredictable results and then sacrifice him to protect the whole system when things have not worked as intended.
Many argue that the PF is the more popular of the two parties and therefore should provide the presidential candidate of the pact. Yes democracy is about numbers but what is more important here should be vision and stability of the candidate and his party’s manifesto. If the constitution provided for a coalition government, then HH could have no need of insisting over the presidency because the…
If the constitution provided for a coalition government, then HH could have no need of insisting over the presidency because the constitution would guarantee that his party’s voice is heard. In the current setup, immediately after inauguration Sata has the prerogative of walking out of the pact and use any other means, which are many, to stay in power. Then the nation would wonder into a wilderness of uncertainty economically and with respect to governance.
I hope the masses will see the truth about HH’s insistence on the presidency.
#18,The current president for PF is Michael Chilufya Sata and it shall remain after next year elections. How unstable is sata compared to your RB. I why you dont like sata, let me tell:
1. Currently he is the only opposition leader capable of removing MMD from power come next year.
2. He talks about the truth and the truth normally hurts!
3. He has never been implicated in any of the corupt cases.It would have been better for you if he was implicated so that you have reasons to hate him
If sata is not stable/predictable how come he perfomed in every ministry he saved? Can you give me an example of a person who is not stable but a good perfomer? I am sure you will not because perfomance go with stability. If you are stable, you will be focused and eventually perform.
The head line in the post is an old statement issued by Regina before the reconciliation. Zambians careful with some of the media institutions. There was time when we had respect for some of these newspapers but alas as they say things come and go. AND i think some of these media organisations have lost the salt. I think this is what takes institutions out where people even lose interest in buying the papers. Watch the space ZEd it is time we came up with responsible news reporters. I for one has stopped taking serious what the vuvuzela reports not even buying the paper. better i keep my kobo.
# 17 comments are right. For PF to lead the pact the need a stable candidate. Leaving Mr loose Conon as leader of the pact will be distrous not only for PF itself but UPND and the people of Zambia. Sata is veru unpredicable and you not need such a person to rule a country especially in a Country where the excutive is seemily above the “law”. I am PF and following the latest utburst from my president It am very scared. Recall he is on record a week ago saying the pact is just a come together affair and not that serious. This was in the post last week. Zambians yes we need the pact but we do not need Sata as president. Let PF put some one sober and in control of himself then who ever becomes will be fine.(HH or another stable PF member). This is for Zambia and not an individual. Napela…
#21 & 24, The campain you have stated of trying to allienate Sata from the pact will not workout. You are just waisting your valuable time if at all you value it!! People support PF because of the leader who is heading it. Where were you when Sata initiated PF, that was the right time for you to discourage zambians fom supporting him.
As at now I am sorry, you are just making noise.Going by the votes the man recieves, we can clearly see that he is loved by zambians, only a few bootilikers like yourselves dont like him because of your personal problems.
All things being equal,SATA and PF are more popular than HH and UPND.So lets be logical.Let SATA stand and HH be Veep.The reason why PF and SATA are popular is because SATA is a shrewd politician who speaks the peoples language.HH is also OK but we should just be logical.Since others are using TRIBE,let me say Milupi shud join the PACT too so that we leave just Eastern province for RB and his croonies to feast on.So all those who are saying SATA is unpredictable,which other person is suitable in the PACT? Dont you know that without SATA the PACT is dead?
Mr SAINT, is there evidence to suggest that public officials have been prosecuted for making common sense decisions? No, this is yet to happen. In fact, to quote Mulongoti, the major reason for removing the ‘abuse’ clause was because ‘civil servants now have other sources of income apart from Govt salaries’. Quite clearly, this law was made to remove the inconvenience of prosecution from abuse of public resources. Learn to use some common sense in your discourse
Why has this discussion been pwned by the Pact nonsense?
another fine RB idea…. now you all see that Magande is the only one to save Zambia from crooks like RB. you will be charges mr. rb
This is a heartfelt letter from the CDP. This party needs support. The PF vuvuzela known as the Post is busy publishing nonsensical views from chi Sata when these new parties have substance that the country needs. Press on CDP if you continue like this you will get somewhere.
Splaka man, why do you have to be nonsensical? So called PACT nonsense is what will save Zambia.This abuse act is being removed coz they don’t want to be caught up in the web! Thats why RB wont have Chiluba inside Jail.It would be a catastrophic precedent set.Do unto others as you would want them to do to you.RB is just being shrewd though fooling zedians.Act can be returned if PACT works hard to be in power come 2011.
what is CDP? Muno mu ZED?Too late!!!
Letter ha why dons hit on the head it has lead me to comment. TThis party at least in my opinion a powerful manifesto. I thought it was a ka internet party but I see they are also working in Zambia. See their website by googling them you will not be disappointed…Bloggers, does anyone know the President of CDP?
CDP???
time alone will tell…
and what is this CDP thingy..?NGO or what..?how many councillors do you have and how long have u been in existance and when were you launching..?
Zambia is a country full of comedy……. people in govt are not serious
There we go party cadres are out. You mean you have just now realized the author of the letter is CDP…Laughable characters pa LT, but got to love it. Inverse logic who only want to support shallow minds. Even PF statrted as a briefcase party. Everyone from Sondashi to Milupi. to Chipimo to this CDP deserves a chance. Aren’t you the same people who want change but when offered to you with sense you do the pull him down syndrome.
What a witchy bi*tch!!
Bane, we need to sober up and be realistic about the political happennings at home. democracy, everyone can say want he or she wants, what is however, important is constructive contribution. i think, the timing of media coverage is also an issue, Regina maybe party of the rebel MP in UPND, and you have to trace her UNIP background and so RB is UNIP may use many of his friends and friends of friends to frastrate the unity that the pact needs. altimately, this will come to pass and Zambia shall be save.
Best of Lucky
The Saint. I suppose it would not hurt you to reason through your own writing. Once again you are way off to the point where I want ask you what is your point? Laws are put in place to protect citizens and an abuse of office clause is should be at minimum in place to achieve the same. Your oxygen analogy is so severly unintelligent I am actually glad you are not my physician. Still I’ll proceed to ask you, how many people in leadership have we had prosecuted over the last 18 years for doing the morally right thing. Our problem is the exact opposite, they tend to circumnavigate the law for personal gain. Monthly we fly them abroad and yearly we educate their kids abroad while we struggle take care of everyone else.
You are but one man trying to sound sensible and be heard, yet you encourage a party calling out for the interests of the majority to be put first to shut up THE SAiNT on the basis that they are not a majority? Since when did being rational become limited to the ruling party or Majority? Ilogical would be an understatement if used to describe you and these are not insults Mr. Physician, they are merely facts. So the SAINT, get with the argument first, think through it second then perhaps contribute.
Abena CB – You are on point nothing more needs to be said…
Thank you Son of Africa, not necessarily for agreeing with me, but for being for the people of Zambia. Lets restore pride to our nation, beyond tribal and party lines.
@15 Kabazo Musumali
hehehehehehehe!!! wanisekesa boyi; what you have said is the best dose of medication needed in Zambia. True Ghana has welbehaved politicians because they know what could befall them if they make wrong steps..
Select the words when commenting on political matters to avoid misleading people
11-12 SAINT,I agree with you collegue;there are times common sense must prevail over the law.I love your example of oxygen,brilliant.It will be interesting to examine all cases that may have been prosecuted for abuse of office;I can safely assume non will resemble your oxygen example;not even diverting funds from CDF to settle school fees for UNZA students de-registered for failure to pay fees,or from presidential travel to hosp equipment (incubator for babies).No Zambian judge would entertain such a charge.The public wouldnt support either.Plenty of examples for allocating land to relatives,buying underwear and pyjamsa and school fees for ones children.Abuse of office collegue is not vague ;its plain English.Only if one has something to hide can they vigorously pursue its removal
this stupid government what are they trying to running from. we will fix you one way or another
The removal of this Act has many implications on the Zambia labour force. This is not just about politicians. Read this article to see one of the was the Act would have help you.
PSYCHOLOGICAL HARASSMENT: IS IT STILL POSSIBLE TO MANAGE WITHOUT FEAR OF REPRISAL?
Adopted from an article by Isabelle Lauzon, Attorney, Les Avocats Le Corre et associés
New provisions under the removed Act respecting labour standards regarding psychological harassment should have came into effect by now. They apply to employee-employee, employer-employee and employee-client/supplier relations. This article focuses exclusively on employer-employee relations.
This new legal context should have raised the legitimate question: Can I still manage my business without fear of reprisal? The answer would…
have been most definitely yes, but you must take care to prevent abuse of authority and gross negligence when managing personnel issues.
Abuse of authority
Under the Act, abuse of authority constitutes a form of harassment that occurs when an individual exercises undue authority or power related to his or her position, with the intention of compromising an employee’s job. Abuse of authority by a superior can take various forms: falsely questioning an employee’s skills, failing to assign an employee tasks, systematically interrupting an employee’s work, deliberately placing an employee in a humiliating or embarrassing situation or ignoring an employee. A person in authority who is contemptuous or hurtful, whose conduct is violent or leads to an abuse of authority, could also become the
object of a harassment complaint.
Hierarchical superiors
Of course, all actions taken by a hierarchical superior cannot be considered harassment, as this person’s very role is to direct employees, and ensure that they adequately perform their duties and respect the company’s rules. For example, in a case of insubordination, a superior who repeatedly asks an employee to respect directives is not harassing that employee. Similarly, a superior who takes disciplinary action against an employee after having met with the employee and given him or her an opportunity to make corrective changes would not be harassing that employee.
Of course, business managers can make mistakes. However, serious or obvious mistakes may be deemed unreasonable and result in a harassment complaint.
Anti-harassment measures
The law requires you to implement anti-harassment measures. What are they? The first step is to adopt an antiharassment policy. You must also invest time in any employee who has been given management and decision-making power. A clear understanding of disciplinary management will help prevent you from becoming the target of a harassment complaint.
Lastly, it is critical that you develop objective standards based on real and demonstrable facts and events (not hearsay) for evaluating your employees and managing your disciplinary cases. Subjective impressions have no place in the management of personnel issues…
and are difficult to defend before the Labour Standards Board in the event of a harassment complaint.
Here are a few practical tips to ensure that performance and discipline management do not become a source of complaints:
Performance management:
• Implement an objective performance evaluation system.
• Avoid taking personal impressions into account at all costs when making an evaluation.
• Give your employees a chance to prove themselves! Give your employees the support they need to meet your objectives or adapt to changes.
• Treat your employees fairly.
Discipline management:
• Adopt a positive, progressive, humane and effective process.
• Remember that your ultimate objective is to correct behaviour, not punish your employee.
• Document your cases by conducting a rigorous investigation of relevant facts. Keep all written documentation.
• Always make sure the “punishment fits the crime.”
• Never implement the same disciplinary measure twice for a given situation.
• Respect the proper order of disciplinary measures, where applicable.
• If necessary, establish standards to govern how your managers impose disciplinary measures to ensure that they are implemented uniformly.
These measures make it possible to manage and exercise authority, but they must be implemented in a structured manner. Managing with the goal of correcting rather than punishing must be the rule and should not constitute harassment when an employee’s breach of duties is real and the response is measured.
To conclude, a manager responsibly exercising his or her normal management rights, even if they cause an employee inconvenience, cannot be construed as harassment. You can still manage your business without fear of reprisal. The manager must, however, carefully consider the disciplinary method chosen and when to exercise management rights.
Most importantly, don’t wait to act. Despite your best intentions, your inaction could be greeted with a costly harassment complaint.