The government has said that it has received with great indignation reports that the former chairman for the Zambia Privatisation Agency (ZPA) Negotiating Team, Mr. Hakainde Hichilema, was one of the key perpetrators of extensive abuse of the privatisation process.

In a statement released to the media and signed by Chief Government spokesperson Ms. Dora Siliya, the Government said that it is disturbed by the revelations made by Hon. Edith Nawakwi, a former Minister of Finance in the government that implemented the privatisation of State-owned enterprises, to the effect that Mr. Hichilema, as chairman of the Privatisation Negotiation Team for the sale of Musi-o-Tunya Intercontinental Hotel, Rainbow Lodge and National Heritage Park, literally sold the entity to himself.

“Hon. Nawakwi, through her various media engagements, has categorically stated that Mr. Hichilema failed to declare interest while presiding on the sale of public assets in which he had personal interest, ” the statement read.

Ms Siliya said that the Government found Mr. Hichilema’s conduct, if true, to be a clear case of corrupt practices, bordering on non-declaration of interest, in winning a bid.

Ms Siliya said that the Government was, therefore, studying the matter and was following closely the reaction by the citizens who are the true owners of the property in question and that the nation will be informed of the steps that the Government will take should it become necessary to act on behalf of the citizens of Zambia.

PRESIDENT Edgar Lungu’s appointment of Dr Francis Chipimo as acting Governor of the Bank of Zambia is not supported by law, argues University of Zambia lecturer Sishuwa Sishuwa.

Dr Sishuwa has advised Dr Chipimo, who is Bank of Zambia deputy governor for Operations, not to take up the appointment, warning that he risks being prosecuted in future because he lacks authority to exercise the functions of the governor.

Last week, President Lungu appointed Dr Chipimo to serve as acting BoZ governor, pending Christopher Mvunga’s ratification by Parliament.

On August 22, President Lungu dismissed Dr Denny Kalyalya and appointed Mvunga as BoZ governor subject to ratification by the National Assembly.

But in an interview with The Mast yesterday, Dr Sishuwa challenged State House to point to any law that empowers the President to appoint an acting central bank governor. He argued that both the Constitution of Zambia and the bank of Zambia Act do not give the President such powers.

“The office and functions of Governor of the Bank of Zambia are established by the Constitution. Article 214 (1) of the Constitution of Zambia states that ‘There shall be a Governor of the Bank of Zambia who shall be appointed by the President, subject to ratification by the National Assembly, and who shall be (a) a citizen; (b) a person who has specialised training and experience in economics, finance, accounting, banking, law or other field relevant to banking, as prescribed; and (c) a person of proven integrity’. It then states under sub-article (2) that the Governor shall be the Chairperson of the Board of Directors of the Bank. The functions of the Bank of Zambia are set out in Article 213 of the Constitution and are conferred on the Board of Directors,” Dr Sishuwa noted. “There is no provision under these Articles or any other Article of the Constitution that allows the President to appoint a person to the position of Governor on an acting basis. The question is, where did President Lungu get the power to appoint Dr Chipimo as acting central bank governor?”

He said no legislation confers power on the President to appoint any person as BoZ governor in an acting capacity.

“Other provisions relating to the appointment, functions and tenure of office of Governor of the Bank of Zambia are provided for in the Bank of Zambia Act. Section 10 of this Act provides for the appointment and functions of the Bank of Zambia Governor. It states in subsection (1) that ‘Subject to section fifteen, the President may appoint for a period not exceeding five years a person with recognised professional qualifications and experience in financial and economic matters to be Governor of the Bank and the President may re-appoint the Governor upon the expiry of the Governor’s term of office’. This section also provides that the appointment of the Governor made under it shall be subject to ratification by the National Assembly, and that the Governor shall be the Chief Executive Officer of the Bank and shall be responsible to the Board for the execution of the policy and management of the Bank. It further states that the Governor may, with the approval of the Board, delegate any of his functions or powers to a Deputy Governor, or any other staff of the Bank,” he noted.

“Section 11 provides for the position of Deputy Governor and the functions of the office. Section 12 provides for the Board of Directors in which the functions of the Bank are vested. The Board of Directors ‘may delegate to the Governor such functions as it considers necessary for the better administration of the Bank.’ What is crucial to note is that the Bank of Zambia Act does not give the President or the Board of Directors the power to transfer or delegate the functions of the Governor of the Bank of Zambia. Further, the Deputy Governor as established under section 12 is not expressly empowered to perform the functions of the Governor in the absence of the Governor or in acting capacity. Please ask State House to cite the law that empowers the President to appoint an acting central bank governor.”

Asked if President Lungu may have used powers conferred on his office by the Constitution, the UNZA researcher disagreed.

He said the executive functions of the President are stipulated in Article 92 of the Constitution, none of which gives the office the power that President Lungu invoked when appointing Dr Chipimo.

“In any case, the statutory functions Act Cap 4 of the Laws of Zambia, expressly prohibits the President from delegating or transferring statutory functions which are conferred on any person by the Constitution. Section 6 (1) (a) of the statutory functions Act provides that ‘The President shall not transfer any statutory function conferred on any person by the Constitution.’ The prohibition also applies to delegation of statutory functions which are conferred to any person by the Constitution (Section 6(2)(b)(i)). The rationale for this is to limit the powers of the President,” Dr Sishuwa said. “Zambians have elevated certain important positions and functions to the Constitution to protect them from undue and political interference by the President or the Executive. The Constitution sets out the qualifications of the person to be appointed as Bank of Zambia Governor. The appointment is subject to ratification by the National Assembly which provides a mechanism for control of the executive power.”

He said being a constitutional office, the bank of Zambia Act does not envisage that the office of governor of the central bank or its functions should be performed by a presidential appointee in an acting capacity.

“This supports the intention of the Constitution in requiring that the office holder be properly scruitinised through the process of ratification by the National Assembly. A presidential appointee who is not ratified by Parliament therefore occupies the office illegally as the President has no power to transfer constitutional functions to his appointee. This is the position in which Dr Chipimo finds himself. I advise my brother to stay away from the mess created by President Lungu through the impulsive dismissal of Dr Denny Kalyalya and the failure to realise that his appointment of a new governor would not be confirmed immediately since Parliament is currently on recess,” said Dr Sishuwa.

“The President has belatedly realised the void that his hurried sacking of Kalyalya has created at the central bank and is now trying to fill it using non-existent powers. What a mess! This is why central bank governors should not be changed like underwear. Let Dr Chipimo, who I consider to be a decent man, respectfully decline the appointment. This is because he risks being prosecuted in future as he lacks authority to exercise the functions of the Bank of Zambia governor since his appointment is not supported by law. An acting appointee is vulnerable to control and direction of the President, as he is holding office on a temporary basis, lacks a legal mandate, and serves at the mercy of the President. This is exactly what the Constitution sought to prevent by institutionalising the procedures relating to the appointment of Governor of the Bank of Zambia. Dr Chipimo is young and has a long life ahead of him. Let him not get caught up in this web”, he advised.

Health Minister Chitalu Chilufya says there is a significant rise in people with hypertension and diabetes dying from Covid-19.

Dr. Chilufya has since appealed to known hypertensive and diabetic patients to ensure they take their medication as prescribed by medical personnel.

He has also called on the public to prevent Non-Communicable Diseases by being physically active.

Speaking during the routine updates on Covid 19 in Lusaka today, Dr. Chilufya said One death has been recorded in the last 24 hours involving a 56-year-old known hypertensive patient who had presented with raised sugar levels.

The Health Minister said 72 new cases of Covid 19 have been recorded from 1,169 tests conducted.

Dr. Chilufya said 34 patients are admitted to Levy Mwanawasa isolation centre with 14 on oxygen and six critically ill in the Intestine Care Unit.

He said 23 patients are admitted to other isolation facilities in other parts of the country and that seven are on oxygen.

Dr. Chilufya said the country has continued to record progress in recoveries with 362 discharges in the last 24 hours.

And Chief Environmental Health Officer, Zakeyo Mvula said there is an increase in compliance levels to public health measures in a number of communities but that there is room for improvement.

A tripartite engagement with Ministries of Energy and Finance as well as Water Development,Sanitation and Environmental Protection, has been constituted aimed at addressing water and sanitation challenges being faced by water utility companies.

Water Development, Sanitation and Environmental Protection Minister Dr Jonas Chanda has disclosed that the meeting which was called by President Edgar Lungu aims to address various challenges been faced by utility companies in a multi sectoral approach.

Dr Chanda announced this when he paid a courtesy call on Northern Province Minister Hon Chungu Bwalya and assured that government wants to remove barriers that affect provision of good water supply and sanitation by understanding the challenges and finding long term solutions.

He said the tripartite engagement will promote an integrated approach that will address indebtedness,tariff issues and funding among the utility companies in order to see how best they can be capacitated to help government attain the vision 2030 of universal acess to clean and safe water.

Dr Chanda said government wants to ensure that all the money owed to utility companies is settled in order to sustain their operations and further pleaded with consumers to play their part in paying for water bills as he encouraged for establishment of flexible payment plans in the wake of economic challenges as a result of COVID-19.
And Dr Chanda who is on a familiarization tour of Muchinga,Luapula and Northern Provinces has urged water utility companies to change their business models that will help them diversify and be able to supplement governments efforts in ensuring that they remain viable.

The Minister was responding to a presentation done by Chambeshi Water and Sewerage Company Managing Director Mr Luckson Simumba who highlighted various operational challenges among them non-payment of water bills by consumers.

“Water utility companies are suppose to expand their portfolios such as enter into other ventures and initiatives such as power generation, consultation services,bottling companies, water treatment manufacturing industries”Dr Chanda said and thanked Chambeshi Water and Sewerage Company for making innovative strides to promote self sustainability.

Mr Simumba informed Dr Chanda that the water utility company is implementing various projects such as setting up a bottling plant, chlorine production, power generation among other to which the Minister thanked them and extended an invitation to the utility company to make a presentation on their various innovations and development models to other utility companies in order to adopt such innovative solutions to promote industrial growth and self sustainability.

And Northern Province Minister Hon Bwalya Chungu expressed confidence that many water challenges in the province will be addressed with the various water and sanitation projects being implemented in the province.