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FAZ Meets To Review Covid Restart

FAZ President Andrew Kamanga has disclosed that his executive committee will meet on Thursday to review the restart of the season.

It hasn’t been plain sailing since the 2019/2020 season restarted on July 18 with one cancelled match after Forest Rangers reportedly had 28 Covid19 positive cases before their rescheduled home date against Zanaco in Ndola.

Thereafter, a litany of delayed Covid-19 results hit some matches while Napsa Stars on July 29 disclosed that they have 15 players and four staff in quarantine.

“I think we had a period of about three weeks and guidelines were given when we met all the clubs from the National Division One and Super League,” Kamanga said.

“We had two sets of meetings, one in Lusaka, and the other on the Copperbelt, with the help of the Ministry of Health officials who took the lead in what was expected in terms of the health protocols.

“Of course, when we started the league two weeks ago we had a few challenges and the underlining issue is very simple, it is to do with testing and getting the results because one of the requirement was that players would undergo mandatory testing together with officials so that has been happening.

“Now regrettably, the flow of results has been a bit slow, not because the Ministry didn’t want, but simply because of the situation at hand because suddenly we have got a high incident of Covid-19 the numbers have been going up.

“Last week, the Minister of Sport called us to consult further on how we were looking at what was going on and I think even this week we are continuing to monitor the situation.

“We are going to have an executive committee meeting on Thursday, we will make a report, and we will look at where we are and ultimately decisions will be made in the best interest of the footballers themselves and also taking into account what is obtaining.

“But that said, I think the challenge is still that the Ministry of Health has been overwhelmed because of the high incidence of cases to be able to give us results in time.

“As of last week, we even proposed to the Ministry of Sport that maybe the Football Association of Zambia should take a lead and ensure that the management of the testing and the obtaining of results sort of seats within our control so that ultimately we have enough time to make decisions.

“And I think this is where it was resolved with the help of both Ministry of Sport and Ministry of Health official that we should at the barest minimum, test are done at least 72 hours before a fixture and results availed 48 hours before a fixture so that when you have got a result at that point, you should be able to make a decision.

“From where we stand, we are actively monitoring what is going on. We are getting as much information, and should need be, we should inform the nation on how we shall proceed with the completion of the league whether we continue on this path.

“If it becomes unattainable, a decision will be made either to stop the league or declare it null and void but that is a decision that will be made by the executive.”

Napsa Stars in Covid Setback

Napsa Stars have disclosed that they have 19 confirmed Covid-19 positive cases at the club.

Club media officer Gwen Chipasula said fifteen of the positive cases are players and the other four are staff at the club.

Chipasula said the positive cases have all been quarantined.

Meanwhile, Napsa are due to host Buildcon this Friday at Woodlands Stadium in Lusaka in a league match that is scheduled to be broadcast live by SuperSport.

“Napsa Stars commits to fulfilling its fixtures despite the current circumstances that have compelled the team to make some important adjustments,” Chipasula said.

Napsa are third on the FAZ Super Division table on 45 points, one behind leaders Nkana who are tied on 46 points with second placed Forest Rangers.

Zanaco Down Green Eagles

Zanaco on Wednesday ended their two-match winless run with a 1-0 away win in Choma at Green Eagles.

Striker Roger Kola converted a 35th minute penalty to hand Zanaco the three points after picking up just one point from their last two games following the 2019/2020 FAZ Super Division season restart on July 18 after a four-month Covid-19 lockdown.

Zanaco jump three places up to seventh on 39 points and are now seven points behind leaders Nkana from 24 and 25 games played respectively with another nine fixtures left to play.

The result sees Eagles suffer back-to-back league losses after a 2-1 home defeat before the lockdown on March 7 at the hands of Napsa Stars.

Eagles, who needed a win today to go top by one point, stay put at number four on 44 points from 25 games played.

Zambia’s July Inflation drops from 15.9% to 15.8 %

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Zambia’s July Inflation dropped by 0.1% from 15.9% in June, increasing the the annual inflation rate to 9.7 percent in July 2020 from 5.8 percent in July 2019.

The Zambia Statistics Agency has attributed the development to a faster increase in the average prices of goods and services in 2020, than was the case in 2019.

However, the Zambia Statistics Agency says the rate of inflation between the months of July and June 2020 has decreased.

The inflation rate for July 2020 slowed down to 15.8 percent compared to 15.9 percent in June 2020.

The status quo is due to the decrease in the prices of food items.

Meanwhile, the Zambia Statistics Agency says Zambia’s international trade decreased by 0.8% in June 2020, in contrast with May 2020.

The agency says the value of Zambia’s International Trade in June 2020 stood at over 17,072,000 Kwacha against 17,205,000 Kwacha in May 2020.

The Zambia Statistics Agency further said that the country’s Copper exports stood at 11.5% in June 2020.

Zambia Police says it is investigating Former Education Minister’s Sex Scandal

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The Zambia Police says it is investigating the matter involving the production of a pornographic video that has gone viral, where former General Education Minister David Mabumba is allegedly appearing.

Police spokesperson Esther Katongo said that people circulating the video are also being investigated.

Mrs. Katongo told ZNBC news in Lusaka that the police will only give further details when the investigations are concluded.

Mr. Mabumba was fired as Minister of Education yesterday after a video emerged on the internet showing him in an uncompromising position. prompting National Guidance and Religious Affairs Minister Godfridah Sumaili to urge the public to stop circulating the video, saying that it was unethical and immoral for people to continue circulating the video.

The Religious Minister further appealed to parents to delete naked videos from their phones, saying they can be very damaging to ones reputation once they leak to the public.

Rev Sumaili further said that General Education Minister David Mabumba is a family man, and whoever played a role in leaking his obscene video is wicked.

FIle Chiefs and Traditional Affairs Minister Lawrence Sichalwe (m) share notes with Eastern Province Permanent Secretary, Chanda Kasolo during the ICT 4D conference
FIle Chiefs and Traditional Affairs Minister Lawrence Sichalwe (m) share notes with Eastern Province Permanent Secretary,
Chanda Kasolo during the ICT 4D conference

Mr. Mabumba becomes the second PF Minister to be embroid in controversy, after the current Minister of Chiefs and Traditional Affairs Lawrence Sichalwe was alleged to have posted a pornographic video in a WhatsApp group, and
Zambia Police said Mr Sichalwe committed an offence of being in possession of a pornographic video by virtue of him sharing it.

Mr Sichalwe said that he had had mistakenly posted the video, but Police Spokesperson Esther Katongo was of the view that whether Mr. Sichalwe posted the video by mistake or not, he had committed an offence of being in possession of pornographic material, adding that there was no way a video can be shared if he wasn’t in possession of it.

Mrs Katongo further said that since the law is not segregative, Mr. Sichalwe may be prosecuted even if he is a minister.

Police are still investing Mr to this day Investigating Mr. Sichalwe’s case

Copperbelt PF thanks President Edgar Lungu for appointing Dr Jonas Chanda

The Copperbelt PF Provincial Executive Committee has thanked President Edgar Lungu for appointing its Provincial vice chairperson and Bwana Mkubwa Member of Parliament, Jonas Chanda as Cabinet Minister.

PF Copperbelt Chairperson, Nathan Chanda, who is also Luanshya Mayor
says Dr. Chanda’s appointment as Minister of Water Development, Sanitation and Environmental Protection is well deserved.

Mr. Chanda says the level of confidence that the President has shown in Copperbelt Members of Parliament and the love he has for the region is inspiring.

He has assured the Head of State that the party will continue working hard and with all MPs to deliver development to the people on the Copperbelt in line with the 7th National Development plan and Vision 2030.

Mr. Chanda has wished Dr. Chanda all the best and God’s blessings and guidance as he takes up the new appointment.

Yesterday, President Lungu appointed the Bwana Mkubwa law maker as Water Development, Sanitation and Environmental Protection minister.

And Copperbelt Members of Parliament have commended President Edgar Lungu for appointing Bwana Mkubwa MP Dr Jonas Chanda as Water Development, Sanitation and Environmental Protection Minister.

Copperbelt MPs caucus Chairperson Dr Evans Chibanda says the appointment of Dr Chanda is timely and commendable.

He said Dr Chanda is a hard working and loyal member of the party who will deliver to President Lungu’s expectations.

Dr Chibanda who is also Mufulira Central MP said the people of the Copperbelt remain indebted to President Lungu for considering another MP from the region to Cabinet.

Meanwhile, Dr Chibanda has appealed to Kitwe PF councilors threatening to resign after the local authority was suspended due to illegal land allocation to remain calm.

Dr Chibanda said the minister of Local Government was in order and within the confines of the law to suspend the council for three months to pave way for investigations into illegal land allocation.

He said the councilors in Kitwe must be patient and allow the due process of the law to take its course as the minister of local government seeks to cleanse the local authority to enhance service delivery.

Dr Chibanda appealed to the minister of local government to extend the probe to other local authorities on the Copperbelt like Mufulira council which is equally in a mess.

And the PF district chairman Evaristo Chilufya has this afternoon summoned all the 27 councilors in Kitwe after they threatened to resign following the decision by the minister of local government to suspend the council.

Slap dee collaborates with South African hit maker Busiswa on ‘Savuka’

Slapdee join forces with South African hit making singer, Busiswa to deliver the official video for their new track called ‘Savuka’.

The song was produced by Magg 44 and Solomon Plate ,music video was directed by the Chichi Ice.

Prime TV Closure – and the Failure of Advocacy

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By Parkie Mbozi

PRIME TV, Zambia’s most vibrant and promising private TV stations was closed on 9 April 2020, ostensibly after a public spat between its proprietor Gerald Shawa and Dora Siliya, Information and Broadcasting Minister on 13th March 2020 over funding for Covid 19 coverage.

Shawa’s ‘crime’ was challenging the government to provide resources for the ‘favours’ of covering Covid 19 it was asking for. His point: you come to us when you are desperate and yet ignore or fail to pay your bills when things are okay. Shawa further argued that Prime TV and other private stations were still owed from previous work done, notably election coverage. Within days of that meeting, Siliya signed off a letter to all government departments and ministries urging them to suspend all business dealings with the station. The worst was to come on 8th April 2020 when the station’s license was ordered to shutdown “in the interest of public safety, security, peace, welfare or good order,” according the ‘Independent’ Broadcasting Authority (IBA). On 27th March Top Star, a partly state-owned television signal carrier, removed Prime TV from its platform, denying it of a signal. In a letter dated 23rd April 2020, Siliya refused to entertain the station’s appeal, “because there was no existing license at the time IBA made the decision.” The rest, as they say, is history.

In this article I am peddling the narrative that the closure of Prine TV is as much an epitome of the repressiveness of the PF regime in its treatment of private and ‘unfriendly’ media as it a failure of national advocacy. How so? Narrative 1: for starters, the PF will go down in annals of Zambia’s history as having closed the most number of private media establishments, whether it likes this tag or not and regardless of the reasons advanced. First, on 2nd November 2016, it was The Post, a once vibrant and (for a large period) model private print newspaper.

Muvi TV, another hitherto vibrant station, had its license revoked soon after the 2016 elections and many now believe it has never been the same since coming back. Some community and commercial radio stations, Komboni, Itezhi Tezhi (which is regarded as my baby) and a few others all had a taste of the PF medicine. Lest we forget, Prime TV’s troubles did not start this year. On 4th March 2019, the ‘Independent’ Broadcasting Authority (IBA) revoked its license for a month citing what the public perceived to be frivolous violations of the IBA Act.

Media historians will juxtapose the treatment of the media under the PF with the three state regimes before it: the colonial regime; UNIP and the MMD. We can discuss the private media that existed in these regimes on another day. Suffice to say, the three regimes all somewhat tolerated and allowed them to exist. Briefly, during its entire single party rule (1972 – 1990) UNIP’s only media opponent was the National Mirror, run by the Catholic church. The National Mirror, prickly as UNIP regarded it, survived throughout the UNIP era until it (sadly) died a natural death in the 1990s. Likewise, The Post newspaper was arguably Frederick Chiluba and Rupiah Banda’s fiercest rival, from Day 1 of their respective presidencies, as we all remember, but both leaders resisted numerous temptations to shut is down. Chiluba would joke, “let them talk”. The colonial regime allowed newspapers for Africans, such as the Central African Post, initiated by Dr Alexander Scot, former VP Guy Scot’s father, and The African Life, a newspaper published by Sikota Wina, a freedom fighter, to exist. The Central African Post still exists to-date as Zambia Daily Mail.
In fact many Zambians still remember that the PF’s ascendance to power is largely credited to The Post newspaper. This may be an uncomfortable reality for the current PF leadership. Unfortunately, this chapter of history can never be re-written or wished away. So whatever reason the PF government may give, however it may want to hide under the IBA, Zambians will remember that it ‘killed’ two critical members of the Fourth Estate (the media), which is a vital ingredient of a thriving democracy. And the IBA will, unfortunately, be perceived as an accomplish to the ‘murder’, which is a deplorable reality for an institution that ought to be perceived to an independent arbiter.

Narrative 2: the ‘death’ of Prime TV is as much an epitome of failed advocacy. Advocacy is defined as “a political process by an individual or group which aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions.” Advocacy takes many forms but my choice is one that involves power relations and defined as a, “series of actions taken and issues highlighted to change the “what is” into a “what should be”, considering that this “what should be” is a more decent and a more just society.” In short, advocacy is about getting good things done or stopping bad things from happening. In the case of Prime TV and other media that have been affected under the guise of the IBA Act, advocacy failed when it matters: when the original Act was adulterated from “what was” to “what is” today. The founding fathers had a clear vision of what was the IBA needed to be to give it a truly independent character – both in reality and in perception. Unfortunately, all that changed with two ill-conceived changes to the original Act.

The two changes to the original Act are the genesis of we are witnessing today. So, what did the founding “fathers’ foresee and want to avoid? First, they wanted to see a truly independent broadcasting regulatory authority that would not only be fair but also seen to be fair. Like they say in law, justice must not only be delivered but also seen to be delivered. Below are summaries of what the original (2002) IBA Act provided on key principles and how it has been amended – you could be excused to say maimed – by the Amendments of 2010 and 2017. Sadly, both Amendments are an assault on the principle of (perceived) independence of the IBA.

  1.  The 2002 provision for an ‘Appointments Committee’, constituted by stakeholders (LAZ, MISA, PAZA, NGOCC, Church bodies, etc) for the purpose of recruiting (independent) IBA Board members through an open system, was totally deleted through the 2010 Amendment.
  2. Composition of Board: having done away with the ‘Appointments Committee” the function of recruiting IBA Board, the 2010 Amendment transferred the function to the Minister. So, in the case of Prime TV, how would anyone expect the same minister initiated the closure and appointed the IBA board to rescind her decision?
  3. Appointment of Board Chair and Vice would be done through internal elections (2002 Act). Currently the MIBS Permanent Secretary either chairs himself/herself or appoints the Chair, though not provided for in all three versions of the Act.
  4. Appointment of Director-General would have been done by the Independently Constituted Board (2002 Act). The reality is MIBS handled this function in 2012 even before a Board was in place. This happened at ZNBC and Times of Zambia as well.
  5. Collection of Television levy for ‘public service broadcasting’ (ZNBC the only public broadcaster, Section 22A of 2017 Act.). This was never there in the 2002 and 2010 Amendments. It was introduced in the 2017 Amendment.

Unfortunately, typical of what we have become as a society, few bothered to READ, pay ATTENTION and DO SOMETHING when the original Act was being amended – not once but twice. One would be justified to say that Zambian the society has become one of a reactive rather than pro-active people, complainants rather actors and a society that pays attention to generalities rather than the details.
During the 2010 Amendment the ‘real’ opposition MPs were left to do battle in Parliament but they did not have the numbers; more so that almost half of the MPs of the main opposition then – the PF – had switched allegiance to the ruling MMD. Adding his voice to the protest over suspension of Prime TV in 2019, then MMD faction leader Felix Mutati was quoted that, “Suspension for me will injure tolerance” and added, “but they are denying the rest of us who enjoy the services to continue enjoying the services.” He would not remember that the Amendments the cabinet he was a member of made in 2010 made the most devastating changes to the original IBA Act. Another case of not paying attention to detail and being reactive rather than pro-active?

The way forward is for stakeholders to ‘dialogue’ over, and re-look at, the IBA Act and possibly un-do the deed that was done and ‘exorcise’ the curse. The closure of Prime TV is but a symptom of law we should have fought then but missed the chance to do so. Under the current legal framework perceptions of circus of justice for ‘erring media’ are justified.
The author is a media, governance and health communication researcher and scholar with the Institute of Economic and Social Research, University of Zambia. He is reachable on pmbozi5ATyahooDOTcom.

Explore the huge potential in Zambia’s agriculture sector, Saudis Urged

Zambia’s Ambassador to the Kingdom of Saudi Arabia Ibrahim Mumba has urged investors in Saudi Arabia to explore the huge potential in Zambia’s agriculture sector.

Ambassador Mumba said Zambia has continued to prioritise the agriculture sector through various strategies aimed at increasing production and productivity.

The Ambassador made the remarks during a virtual meeting with the Ministry of Agriculture in Zambia and the Saudi Agricultural and Livestock Investment Company to explore investment opportunities in the agriculture sector.

The meeting, organized by the Embassy, was attended by SALIC Chief Executive Officer Suleiman Al Rumaih and officials from Ministry of Agriculture led by Peggy Mlewa, Director, Policy and Planning.

Ambassador Mumba highlighted the available resources and key incentives that are vital for the agriculture sector to thrive and reach its maximum potential.

And Mr. Al Rumaih reiterated SALIC’S willingness to invest in Zambia’s agriculture sector and collaborate with companies that deal with wheat, barley, corn, soya beans, rice, sugar, vegetables oils, green fodder, red meat, poultry, milk products and aquaculture.

He said the company is keen to partner with institutions, companies or individuals who embrace the principles of ethical and responsible investment.

SALIC takes into consideration and prioritizes the food security of both the host country and the Kingdom of Saudi Arabia in all its agriculture investments across the globe.

This is according to a statement issued to the media by Huzaifa Jada, the Deputy Ambassador of Zambia in Riyadh Saudi Arabia.

Suspension of Lusaka and Kitwe City Councils: The Constitutionality of Section 56 of the Local Government Act

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No one has challenged the fact that the Minister can, per Section 56 of the Local Government Act, No. 2 of 2019, suspend the functions of “all councillors.” However, it would appear that a question has arisen with regard to the status of Mayors and Council Chairpersons, as to whether they are councillors or not. We can examine this in form of two questions, which have been raised by some civil society organisations such as Transparency International Zambia and Chapter One Foundation, which are:

  1. that the functions of mayors cannot be suspended since they are not councillors and
  2.  that Section 56 is unconstitutional as it offends Article 152(2) of the Constitution.

AUTHORITIES

  1. Constitution of Zambia, CAP 1, Art. 152, 153, 156
  2. Local Government Act No 2 of 2019, Section 56

CASES

  1. Christopher Shakafuswa and Isaac Mwanza v. Attorney General and Electoral Commission of Zambia (2018/CC/005)
  2. Noel Siamoondo, Kelly Kampianga and Young African Leaders Initiative Ltd v. Electoral Commission of Zambia and Attorney General (CC Selected Judgment No. 24 of 2016).

I propose to deal with the two issues, above, as follows which seem to have been put forward in the following propositions:

1. That the performance of the functions of the Mayor, or Council Chairperson, who are directly elected by the people, cannot be suspended because the Mayor or the Council Chairperson as the case maybe, is not a councillor.

The reasoning is faulty; both the Mayors and the Council Chairpersons are councillors. Being directly elected by the people is not a reason why the functions of the mayor or council chairperson cannot be suspended. It is trite that even Ward-based councillors are also elected directly by the people, therefore the ground that these officials are not amenable to suspension by the Minister, fails since Ward-based Councillors are equally popularly elected.

The question may arise as to how we come to classify our Mayors and Council Chairpersons as councillors?

Article 153 clauses (2) and (4) clearly states [Note the provisions in bold]:

“Article 153
(2)A council shall consist of the following councillors—
(a) persons elected in accordance with clause (1);
(b) a mayor or council chairperson elected in accordance with Article 154; and
(c) not more than three chiefs representing chiefs in the district, elected by the chiefs in the district.

“Article 154(4)
A person qualifies to be elected as a councillor, excluding councillors specified under clause (2)(b),….”

The Constitutional Court in its judgment in the case of Christopher Shakafuswa and Isaac Mwanza v. Attorney General and Electoral Commission of Zambia (2018/CC/005), on pages 25 and 26, clearly stated:

Page 25 of Judgment:

“Article 153 provides for several classes of councillor; we shall confine ourselves only to the two in issue, namely, the ward based councillor provided for in Article 153(2)(a) and the mayor or council chairperson provided for in Article 153 (2)(b).”

Page 26 of Judgment:

“Thus while on the one hand a ward based councillor and a mayor or council chairperson are both councillors, on the other hand a distinction is drawn between them in terms of how a person ascends to one office or the other. Election to the office of mayor or council chairperson is provided for in Article 154.”

This should settle the contention that mayors and council chairpersons are not councillors. Both the Constitution and the Court confirmed that they are indeed councillors. Therefore, being directly elected by the people does not immunise any class of councillor from the disciplinary or other action by the Minister of Local Government. We have already established that Ward-based councillors are also elected directly by the people in their wards.

This now brings us to the question whether the Minister can suspend the performance of functions of all councillors (that is, mayors, ward based councillors and chiefs who sit on the councils).

2. Is Section 56 of the Local Government Act unconstitutional?

 

“Section 56 of the Act reads as follows:

(1) The Minister may, by reason of the refusal, failure or inability of a council to adequately perform all or any of its functions, by statutory order—
(a) appoint a public officer to be the Local Government Administrator for that council; and
(b) suspend ALL councillors of the council from performing all of their functions as councillors and empower the Local Government Administrator to discharge all the functions of the council.
(2) Any functions of the council discharged by a Local Government Administrator under subsection (1) shall be deemed to have been discharged by the council in accordance with this Act.
(3) The Local Government Administrator shall relinquish office on the lifting of the suspension.”

It is abundantly clear that Section 56(1)(b) above, empowers the Minister to suspend the performance of all functions by ALL councillors.

The correct question then should be, are the councillors (Mayors, Council Chairpersons, Ward based councillors, chiefs in councils) responsible to the Minister for the performance of their duties so that he can suspend such performance?

“Article 156 of the Constitution states as follows:

Councillors shall be collectively and individually accountable to the national Government and residents in their wards and districts, for the performance of their functions.”

Here it is established by the Constitution that in the performance of their functions, councillors (mayors and council Chairmen together with ward based councillors and chiefs who are elected to the council under Article 153(2)(c)) shall be collectively and individually accountable to the national Government. Accountability is a noun derived from the word “accountable” which in law means “responsible to, or answerable”. When the Constitution states that councillors, who include the mayors, are said to be accountable to the National Government, the Constitution is saying councillors understand and accept the consequences of their actions in the performance of their function, collectively and individually.

The Constitutional Court of Zambia commented on both Articles 152 and 156 of the Constitution in the case of Noel Siamoondo, Kelly Kampianga and Young African Leaders Initiative Ltd v. Electoral Commission of Zambia and Attorney General (CC Selected Judgment No. 24 of 2016).

As can be seen on page 9 of the Judgment, the petitioners had argued that “Article 152 proscribes Government and Provincial Government (which comprise the executive) from interfering with the local authority’s ability to perform its functions notwithstanding that local authorities are accountable to the national government under article 156 of the Constitution.”

On Page 24 of the Judgment, the Constitutional Court endorsed the principle of accountability of all councillors to the National Government when the court stated as follows:

“The petitioners…failed to acknowledge that councillors and their respective local authorities fall under the executive arm of government to which they report. Local Government also falls under the Executive to which it is accountable and also reports as provided in articles 151 and 156 of the Constitution.”

In short, the Court clearly stated that all councillors, individually and collectively through their councils, are accountable and report to the National Government. It is trite that councils report to the National Government through the Minister of Local Government.

Conclusion

Section 56 of the Local Government Act has the backing of Article 156 of the Constitution which demands that councillors, collectively and individually, must accept the consequences of their actions and be responsible to the National Government, represented by the Minister of Local Government. As affirmed by the Constitutional Court, Mayors and Council Chairpersons are councillors. The Minister of Local Government has statutory power to suspend the performance of functions of all councillors, as Section 56 of the Act must be read together with Articles 152 and 156 of the Constitution. The Minister of Local Government, therefore, can check the abuse of power and superintend the overall performance of functions by all councillors under the relevant provisions of the Local Government Act, including suspension of the functions of all councillors. When councillors are stopped from performing their functions by the Minister of Local Government, the Minister is by law, required to appoint a Local Government Administrator, to avoid a vacuum in the operations of a local authority.

If, indeed, TI-Zambia and Chapter One Foundation is aggrieved with the decision of the Minister of Local Government and Housing, away from the usual politics, I implore them to challenge his decision in the Constitutional Court. As seen from the above, I can guarantee such a challenge will not yield any different result as the matters already have already been clarified by the Constitutional Court.

(This commentary is rendered by a legal scholar, Isaac Mwanza, who was actively involved and a party in the two cases referred to, before the Constitutional Court. However, Isaac Mwanza does not in any way, represent the position of the National Government. Those seeking a legal opinion can consult the Law Association of Zambia or, better still, approach the Court)

President Lungu has fired General Education Minister David Mabumba with immediate effect

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President Edgar Lungu has fired General Education Minister David Mabumba with immediate effect. President Lungu has since transferred Minister of Water Development Dennis Wanchinga to the Ministry of General Education.

The head of state has also appointed Bwana Mukubwa Member of Parliament Jonas Chanda as Minister of Water Development.

The changes are with immediate effect.

The Head of state has since thanked Mr. Mabumba for his service to the country.

On Dr. Chanda’s, appointment the President has congratulated him and wished him God’s blessing.

This is contained in a statement issued by Special Assistant to the President for Press and Public Relations Isaac Chipampe.

PF Accuse Deputy Inspector General of Police Bonny Kapeso of being Malicious Towards the Ruling Party

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THE RULING Patriotic Front (PF) Lusaka Provincial Secretary Kennedy Kamba has said that the Deputy Inspector General of Police Mr. Bonny Kapeso is being extremely malicious by dragging the ruling party in a criminal matter involving Eastern Province PF Youth Chairman Emmanuel Jay Banda and wondered how the Police Boss would pledge to start Killing members of the ruling party at will.

Speaking when he addressed the media at PF Provincial Headquarters in Lusaka, Wednesday, Mr. Kamba said Emmanuel Banda who is accused of aggravated Robbery should be dealt with as an individual because he had no blessings from the PF.

According to Mr Kamba, while on UNZA Radio yesterday, Mr. Kapeso accused the ruling party of knowing where Mr. Emmanuel Jay Banda is hiding and said the next time he encounters Ten PF officials in the Police bedroom, maybe only two will survive.

He said the remarks by Mr. Kapeso on UNZA Radio are extremely malicious as they come less than a fortnight after a cordial meeting between the PF provincial leadership in Lusaka and the Police command.

“We strongly feel that Mr. Kapeso is maliciously dragging the PF as a ruling party in the alleged misconduct of individuals who must personally face the law if found wanting rather than dragging the entire party into their misdeeds,” said Mr. Kamba.

“It is not so long ago that we had a meeting with the Police command where we assured them that the PF was NOT above the law or reproach. We assured the Police of utmost respect in the discharge of their duties and that no PF supporter, member or leader was expected to undermine the Police.”

Mr. Kamba reminded the Police Boss that it is in fact their Commander-In-Chief and leader of the Patriotic Front who has instructed the immediate arrest of his Eastern Province Youth Chairman to demonstrate the ruling party’s respect for the rule of law.

“To demonstrate how we respect the law and Police Officers as a Party, President Lungu on Saturday during the Central Committee meeting, directed Home Affairs Minister Hon Stephen Kampyongo to make sure that Jay Jay was brought to book. Why should Mr. Kapeso then turn to the PF and its general membership and say we know where Jay Jay is hiding? Such comments are sheer slander and malicious against the PF.”

Meanwhile, PF in Matero Constituency has given its area member of Parliament Hon Lloyd Kaziya UP TO FRIDAY THIS WEEK to exculpate himself for subjecting the name of the party to public ridicule following his altercation with Matero Ward 28 Councillor Annie Chinyanta and unwarranted media statements.

PF Constituency Chairman Chrispin Kabole said the party in Matero has already received an exculpatory letter from Councillor Chinyanta and the Disciplinary Committee will proceed to seat on Saturday, 1st August, 2020.

Chef 187 releases highly anticipated ‘Coordinate’ music video

chef 187 performing

COORDINATE is a single off Chef 187’s album BON APPETITE on which he partners with Nigerian singing sensation Skales as well as DO2dtun aka Energy gAD. This song was brewed with the idea that success is made out of a blend of different magics. This song was produced by MOHSIN MALIK

Ministry of Health PS urges the public not to self prescribe COVID-19 medication as Zambia records 4 more deaths

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Zambia has in the last 24 hours recorded four COVID-19 related deaths bringing the cumulative number of deaths associated with the pandemic to 146.

And the country has recorded 247 new cases of the pandemic out of the 970 tests conducted in the last 24 hours.

Ministry of Health Permanent Secretary Technical Services Kennedy Malama says out of the 247 new cases, 127 people were identified through health care facility screening, 64 contacts to known cases, 46 individuals from routine community screening in Lusaka, four health care workers and three individuals from community alerts.

And Dr Malama said of the four deaths recorded, two were Brought in Dead at the UTH, one death recorded at Medland Medical Center and one patient they have been managing at Levy Mwanawasa Isolation Center.

He said following the reclassification of the deaths in which the virus has been detected, it has been determined that 40 of the deaths are COVID deaths while 96 are COVID-19 associated deaths and eight deaths are yet to be classified.

Dr Malama said the cumulative number of cases stands at 5,249 including 146 deaths and 3,285 recoveries.

Speaking during the routine updates of COVID-19 in Lusaka, Dr Malama said 89 are admitted of which 37 are on oxygen and three on ventilators.

Dr Malama said the Government will not show pictures of people who are admitted in COVID-19 isolation centers and has urged Zambians to desist from using drugs that are not prescribed by health practitioners.

He said the use of certain drugs being used to treat COVID-19 patients are very strong and should not be used without prescription from the medical practitioners.

Dr Malama said the Ministry of Health has directed the Zambia Medicines Regulatory Authority to stamp out the use of such drugs and ensure that people selling the drugs are brought to book.

Suspension of Lusaka And Kitwe City Councils Unconstitutional, States Chapter One Foundation

Chapter One Foundation says the decision by Local Government Minister Charles Banda to suspend Lusaka and Kitwe City Councils is unconstitutional and should be reversed immediately.

In a statement, Chapter One argued that the constitution clearly states that the national government and the provincial administration shall not interfere with or compromise a local Authority’s ability or right to perform its functions.

“Chapter One Foundation strongly urges the Minister of Local Government to revise his decision to suspend the functions of the two Councils in order to ensure his actions do not continue to run contrary to the requirements of the constitution,” Chapter one said.

Chapter One also called on the State to review the provisions in the Local Government Act as well as other legislation containing provisions that directly depart from the requirements of the Constitution to ensure that all leaders and citizens alike, continue to uphold our constitutional values and responsibilities at all levels of society.

“Sections 56 and 57 of the Local Government Act are in direct conflict with provisions contained in the Constitution, specifically Article 152 (2) and thus the Minister’s decision is unconstitutional and should be reversed immediately,” said Chapter One.

Below is the full statement

PRESS RELEASE DATED 28TH JULY 2020 ON THE SUSPENSION OF LUSAKA AND KITWE CITY COUNCILS BY THE MINISTER OF LOCAL GOVERNMENT

Chapter One Foundation Limited promotes and protects human rights, human rights defenders, constitutionalism, social justice and the rule of law in Zambia, primarily through strategic litigation, advocacy and capacity building. Our aim is to promote and protect the Constitution and the rights included in it and by so doing, free the space for Zambians to fully participate in the democratic governance of the country. We recognize that press freedom plays an essential role in empowering individuals, strengthening economies, and fuelling true democracy throughout the world.

It has come to our attention that the Minister of Local Government, Dr. Charles Banda, earlier today, announced the immediate suspension of Lusaka and Kitwe Councils for the next three months following alleged illegalities in land allocation by the respective Councils and their Mayors.

Chapter One Foundation understands that the Minister of Local Government purportedly derived his powers to suspend the Lusaka and Kitwe Councils from sections 56 and 57 of the Local Government Act 2 of 2019 which state as follows:

56. The Minister may, by reason of the refusal, failure or inability of a council to adequately perform all or any of its functions, by statutory order—
(a) appoint a public officer to be the Local Government Administrator for that council; and
(b)suspend all councillors of the council from performing all of their functions as councillors and empower the Local Government Administrator to discharge all the functions of the council.

57. (1) An order made by the Minister under section 56 shall, unless revoked, expire after ninety days of the date of making the order, except that the Minister may, in the interest of local administration, extend the order for further periods of ninety days at a time

Sections 56 and 57 of the Local Government Act are in direct conflict with provisions contained in the Constitution, specifically Article 152 (2) and thus the Minister’s decision is unconstitutional and should be reversed immediately. Article 152 (2) of the Constitution states as follows:

“The national government and the provincial administration shall not interfere with or compromise a local authority’s ability or right to perform its functions.”

We believe that Article 152(2) was created to protect the rights and functions of local authorities from any interference from central and provincial administrations as a means to ensure functional efficiency, transparency and effectivity at the local level. Given that the Constitution is the supreme law of the land, its provisions supersede any other legislation that is in conflict with its values and principles.

Chapter One Foundation strongly urges the Minister of Local Government to revise his decision to suspend the functions of the two Councils in order to ensure his actions do not continue to run contrary to the requirements of the constitution. We call on the State to review the provisions in the Local Government Act as well as other legislation containing provisions that directly depart from the requirements of the Constitution to ensure that all leaders and citizens alike, continue to uphold our constitutional values and responsibilities at all levels of society, for posterity, protecting the state from any potential forms of anarchy.

Chapter One Foundation