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UK envoy praises Lusambo for his fight against Covid-19

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UK High Commissioner to Zambia Nicholas Woolley has commended Lusaka Province Minister Bowman Lusambo for his passionate fight against Covid-19.

Mr Woolley said Mr Lusambo’s spirited fight against Covid-19 provided strong leadership which was required following the outbreak of the pandemic.

He was speaking on Thursday when he paid a courtesy call on Mr Lusambo at his office in Lusaka.

Mr Woolley said the UK has been impressed by Mr Lusambo’s fight against Covid-19 which he said has helped manage the pandemic in Lusaka.

And Mr Lusambo stressed that Zambia values its cooperation with the United Kingdom.

He said the country is looking at strengthens its existing warm and cordial relationship with the UK.

Mr Lusambo said Britain’s investment in Zambia’s social sectors such as health and education has tremendously helped government deliver development to its people.

Lusambo with UK High Commissioner to Zambia Nicholas Woolley
Lusambo with UK High Commissioner to Zambia Nicholas Woolley
Lusambo with UK High Commissioner to Zambia Nicholas Woolley
Lusambo with UK High Commissioner to Zambia Nicholas Woolley

Chellah Tukuta out on bail

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The Ndola Magistrates Court has granted celebrity photographer Chellah Tukuta a K5,000 bail in his own recognisance.

Tukuta has been in police cells for 10 days moving from dufffeng police stations between Lusaka and Ndola.

In this matter, Tukuta, 34, four counts of offences, one of which is triable by the High Court.

His Lawyer Chimuka Magubbwi complained to Ndola Magistrate Misozi Banda that it has now become fashionable for the police to over hold suspects facing misdemeanor charges.

There are fears that Chellah could be rearrested on fresh charges.

There is no Sense of Justice in Zambia Anymore-Msoni

All Peoples Congress Leader Nason Msoni says there is no sense of justice in Zambia anymore.

Mr Msoni says criminals have perfected the art of protecting each other and covering the backs of their fellow criminals.

He said the criminals have undoubtedly mastered the art of securing each other from the wheels of justice via the infamous nolle.

“We are in a very precarious position as a country looking at the level of lawlessness and corruption in government”, he said.

Mr Msoni in direct reference to Health Minister Dr Chitalu Chilufyas arrest for corruption by the Anti Corruption Commission said a minister who has committed such terrible transgressions cannot reasonably be expected to remain in his portfolio after being arrested.

He noted with regret that the rule of law has irretrievably broken down in the country.

Mr Msoni has demanded for the immediate suspension or dismissal of the Minister of health Dr.Chitalu Chilufya from his government portfolio without any further delays to help protect the integrity of the ministry responsible for providing health services to the overwhelming majority of our people.

“As matters stand no donors will be willing to fund the ministry of health and as a consequence to that unfortunate situation the true victims undoubtedly will be the ordinary citizens who are hugely dependent on these government hospitals”, added Mr Msoni.

ActionAid Zambia welcomes Government’s move to cancel the Double Tax Agreement with Mauritius.

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ActionAid Zambia has welcomed the government’s move to cancel the Double Tax Agreement with Mauritius.

Action Aid Zambia Country Director Nalucha Ziba said her Organisation has for a long time been campaigning for cancellation and re-negotiation of problematic DTAs Zambia has with different countries.

She said a Double Tax Agreement or tax treaty is a legally binding agreement between states, which governs the taxation of cross- border activities; namely investments by a resident of one state in the other state, and vice versa.

Mrs Ziba said Zambia has signed DTAs with different countries such as Germany, Ireland, Norway, Sweden, Mauritius (now cancelled) to mention but a few which spell out how companies investing in a country that Zambia has signed a DTA with their country of origin should be taxed.

She has explained that if for instance, if Zambia has a tax treaty with Mauritius, therefore a Multinational Company originating from Mauritius and operating in Zambia will utilize the tax provisions in the DTA between Zambia and Mauritius.

Mrs Ziba however said that in the recent times, Tax Treaties have not only been found to be unbalanced but also a source of tax evasion by most multinational companies, denying the host countries the much-needed revenue.

“For example, some DTAs provides for as low as 0-7 percent tax rate while others have no or weaker anti-abuse provisions”, she added adding that for some time now ActionAid has been calling for revision and/or cancellation of regressive DTAs like the now cancelled Zambia and Mauritius DTA.

She said the DTA between Zambia and Mauritius provided for 0 Percent Withholding Tax on technical fees paid for technical services.

Mrs Ziba said with this provision a Mauritius based Multinational Company, would take advantage of such provisions and not pay any WHT on technical services which is currently capped at 15 percent.

“For example, if this company engaged a sister company from Mauritius to provide technical services at a cost of USD100 million. This company when making this payment (USD100 million) to a sister company will not deduct any WHT. This implies that the entire USD100 million is untaxed. On the Contrarily, if the DTA provided for 15 Percent WHT on technical fees then USD 15 million would be deducted as Withholding Tax and remitted to Zambia Revenue Authority (ZRA)”, Mrs Ziba said.

She said Action Aid conducted a study titled “Sweet Nothings” which showed how Associated British Foods operating in Zambia as Zambia Sugar Company took advantage of the international tax agreement between Zambia and Ireland to avoid large tax payments.

Mrs Ziba said Zambia Sugar Company paid over US$47.6 million equivalent to about K209 billion, for management services and purchases to a fellow subsidiary called “Illovo Sugar Ireland” between 2007 to 2012.

She however said that the international tax agreement between Zambia and Ireland (before negotiation) exempted payment of Withholding Tax (WHT) for management
or consultancy services.

She said by channelling this money (USD 47.6million) through their Irish subsidiary, Zambia Sugar avoided paying an equivalent of US$7.4 million between 2007 to 2012.

“It is against this background that we commend the government for the position taken and we wish to encourage government to take a similar position over other unbalanced DTAs”, she added.

She has urged the government to ensure that an impact assessment/cost benefit analysis is done before they are signed and every five years thereafter.

Mrs Ziba said they should not follow the OECD model treaty but develop their own model adding that the government should negotiate for favorable and/or fair DTA’s Withholding Tax rates (10%-15%) which will not only promote foreign direct investment but also ensure that government collects adequate tax revenue.

Shd said all treaties should be negotiated transparently, and draft versions made available to the public prior to signature.

Government commended for deferring Bill number 10 to a later date to accommodate the views of other stakeholders

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The Young African Leaders Initiative has commended the government for deferring Bill number 10 of 2019 in Parliament to a later date to accommodate the views of other stakeholders particularly the opposition.

YALI Governance Advisor Isaac Mwanza said this is as it should be and has shown that President Edgar Lungu is a listening President.

Mr Mwanza said a lot of Parliamentarians were not comfortable debating Bill 10 in Parliament because most of them especially the opposition had not adapted to the new normal environment at Parliament.

He has explained that the deferment however does not mean that the Bill has been shelved as it will be debated at the later stage of Parliament in this same sitting.

Mr Mwanza has explained that the PF government only has this session to pass the Bill in Parliament failure to which it will never be brought back in the house because the rules might not allow them to do so.

He has urged parliamentarians from both sides to debate Bill 10 when it is brought back in the house for the benefit of the people.

Minister of Justice Given Lubinda on Thursday deferred the tabling of Bill 10 of 2019 in parliament for second reading to a later date to accommodate the views of the opposition.

The Bill will however be considered on a later date during this meeting of the house, the Minister said conceding to a suggestion by Leader of the opposition Jack Mwiimbu in a meeting convened by the House Business Committee to hive off Bill 10 from the order paper until there is some semblance of normalcy in the system.

Presenting a Ministerial statement in Parliament, Mr Lubinda said he has been persuaded not to give the opposition another reason for them to claim that their concerns were not heard.

He expressed hope that all MPs will acclimatize themselves to the new normal parliament environment before they engage in debating bill 10 to avoid any room for speculation and suspicion arising from handling the document.

Mr Lubinda said Government wants to avoid a situation where people claim they did not understand what was happening when they were debating or voting for Bill 10.

Zambia creditors call for IMF plan to anchor debt overhaul

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Zambia’s newly-formed creditor group is encouraging the government to bring a planned debt overhaul under the scope of an International Monetary Fund bailout, to help put the nation’s public finances on a sound footing.

The government in Lusaka should vet its reform plans with the Washington-based fund and unlock aid to help finance projects to support an economic recovery, according to a representative of investors holding about a third of the nation’s dollar bonds.

Talks between Zambian officials and the IMF started on Monday after a request for emergency funding was sidelined due to concern over the sustainability of debt.

The government has hired Lazard Ltd to advise on its debt that’s set to exceed 100% of economic output.

“You want to see a situation where the government is emerging from a crisis, not kicking the can five years down the road,” Rafael Molina, a managing partner at the creditor group’s adviser Newstate Partners LLP, told Bloomberg.

Molina declined to comment on the parameters or targets of a potential restructuring.

Zambia has about $11 billion in external debt that may be renegotiated, including $3 billion of Eurobonds.

A $750 million note is set to mature in Sept. 2022 while $56 million in interest will fall due on July 30, according to data compiled by Bloomberg.

The notes trade at about 53 cents to 54 cents on the dollar, indicating market expectations for bondholders losing about half the value of their investments

Government admits that Bill 10 lapsed

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Chief Government Parliamentary Whip Brian Mundubile has admitted that the Constitutional Amendment Bill No. 10 2019 lapsed for exceeding it’s the lifespan of six months as provided for understanding orders of Parliament.

Mr. Mundubile who was addressing the media this morning at Parliament Buildings said Bill 10 which was placed on the Order Paper on December 4th, 2019 was meant to be concluded by or before 4th June 2020 during which period the same could not happen as parliament ‘adjourned prematurely’ due to Covid-19.

He said the standing orders committee chaired by Speaker Patrick Matibini yesterday voted to defer the Bill on request from Justice Minister Given Lubinda to a date not later than the last day of the current sitting.

PRESS STATEMENT BY THE GOVERNMENT CHIEF WHIP, HON B
MUNDUBILE, MP, ON THE DEFERMENT OF THE CONSTITUTION OF
ZAMBIA (AMENDMENT) BILL N.A.B. 19 OF 2019, ISSUED ON 25 TH JUNE,
2020
________________________________________________________

Members of the Press, Ladies and Gentlemen, good morning and welcome to this Press briefing.

I would like to shed more light on the deferment of the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019 from yesterday, Wednesday, 24th June, 2020, to another date during the course of this Meeting.

Let me begin by reminding you, and through you, the general public that the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019, was presented to the House for First Reading on Friday, 2nd August, 2019. Since it was presented in the Third Session of the Twelfth National Assembly, the Bill lapsed by reason of the prorogation of the House. However, and in accordance with Standing Order 126 of the National Assembly of Zambia Standing Orders, 2016, the House, on Tuesday, 3rd December 2019, resolved to restore the Bill to the Order Paper for consideration at the Second Reading Stage.

Consequently, the Bill was placed on the Order Paper of Wednesday, 4th December 2019 as an Order of the Day. However, during the debate, the Hon Minister of Justice sought leave of the House to defer the consideration of the Bill to a later date. Debate on the Bill was accordingly deferred to a later date.

1Subsequently, on Tuesday, 17th March 2020, the Bill was again placed on the Order Paper for Resumption of Debate on the Bill. Debate on the question was not concluded on that day and spilled over to Wednesday, 18th March 2020.

However, on that day, 18th March 2020, the House adjourned prematurely at the behest of the Members of Parliament, due to the outbreak of the Coronavirus – 2019 pandemic without finalizing the Bill.

Ladies and Gentlemen, at the time of the premature adjournment, the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019 was on the Order Paper as an Order of the Day and was not concluded.

Therefore, when the House resumed transacting business on Tuesday, 23rd June 2020, the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019, was placed on the Order Paper, but the debate on the Bill could not resume because the Hon Mr. Speaker had not concluded rendering a Ruling at the time of adjournment.

The Bill was, therefore, placed on the Order Paper again, for the resumption of debate on Wednesday, 24th June 2020.

During the debate, the Hon Minister of Justice sought leave of the House to further adjourn debate to a later date within the current Meeting.

Allow me to point out that the Standing Orders Committee derives its powers from the National Assembly of Zambia Standing Orders, 2016, which in turn derive their authority from Article 77(1) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia. Article 77(1) is expressed in the following terms:

“ 77. (1) Subject to this Article and Article 78, the National Assembly shall regulate its own procedure and make Standing Orders for the conduct of its business.”

Pursuant to Article 77(1) of the Constitution, the National Assembly of Zambia promulgated the National Assembly of Zambia Standing Orders, 2016. And the Standing Orders Committee is established pursuant to Standing Order 149 of the National Assembly of Zambia Standing Orders, 2016. Standing Order 149 provides as follows:

“149 (1)There is hereby established the Standing Orders Committee comprising the Speaker, the Leader of Government Business in the House, the Leader of the Opposition, party whips and four other members appointed by the Speaker.

(2) The Speaker shall be the Chairperson of the committee.

(3) In addition to other duties placed upon it by an Order of the Assembly, the Standing Orders Committee shall consider all proposals for the amendments to these Standing Orders.

(4) The Standing Orders Committee shall appoint members to serve on a committee of the House.

(5) The Committee may circulate the reports and recommendations of the committee to members of the Assembly and, if within the prescribed period no objection in writing signed by a member has been received by the Clerk, the reports or recommendations shall be deemed to have 3been approved by the Assembly.

The prescribed period shall not be less than four sitting days if the House is in session and twenty-one days if the House stands adjourned:
Provided that-

(a) On representation from the Speaker that the matter is urgent, the Standing Orders Committee may prescribe a shorter period; and

(b) If an objection is received from a Member within the prescribed period, the Committee may consider the validity of such objection and may either cause the report or recommendation to be brought up for consideration by the House or resolve that the report or recommendation be deemed approved by the Assembly, in which case the report or recommendation shall be deemed approved.”

The current composition of the Standing Orders Committee is as follows:

(1) The Speaker as Chairperson;
(2) Her Honour the Vice-President as Leader of Government Business in the House;
(3) Hon Dr. B K E Ng’andu, MP, Minister of Finance;
(4) Hon J J Mwiimbu, MP, as Leader of the Opposition;
(5) Hon B Mundubile, MP, as Government Chief Whip;
(6) Dr S Musokotwane, MP, as UPND Whip;
(7) Dr J K Chanda, MP;
(8) Mr H Kunda, MP;
(9) Ms M Subulwa, MP; and
(10) Mr D M Kundoti, MP.

The Standing Orders Committee is the highest decision-making body in the National Assembly of Zambia and is charged with the responsibility to consider all proposals for the amendment of the Standing Orders and other Rules of Procedure.

You may wish to know that there is no express provision in the National Assembly of Zambia Standing Orders, 2016 which governs the time within which a Bill must be considered at any one stage of enactment.

Nonetheless, the National Assembly Manner of Putting the Question and Procedural Notes Handbook, which forms part of the Procedures and Practices of the House,
states, at page 11, as follows:

“NB: (a) If a Bill is deferred for six (6) months, it is killed.”

In short, a Bill that has been deferred for six (6) months lapses in terms of Parliamentary practice and procedure. In this case, the Bill lapsed on Thursday, 4th June 2020, having been deferred on 4th December 2019. However, at the time it lapsed, the House was on recess. And had it not been for the premature 5adjournment in the February-March Meeting, the Second Reading Stage could have been probably been concluded one way or another.

Ladies and Gentlemen, in view of the foregoing, the Standing Orders Committee met on Wednesday, 24th June, 2020, to consider the request by the Hon Minister of Justice, to defer further the consideration of the Bill to a date not later than the last day of this Meeting.

Following deliberations by the Standing Orders Committee, it was resolved to extend the life of the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019 to a date not later than the last day of this Meeting.

I thank you

President Lungu Gives Green Light for League Restart

The green light for the restart of the 2020/2021 season has been given by the highest office in the land following the lengthy pause due to the Covid-19 pandemic.

President Edgar Lungu stated in his bi-monthly Covid-19 pandemic national address on June 25 that football would return in July.

“Guidelines for all sports disciplines to follow as they consider resume sports activities have been developed,” President Lungu said.

“They include the following but not limited to:
A: Guiding principles stipulated by statutory instruments 21 and 22 of 2020
B: Guidelines for various sports disciplines which have been categorized as non, semi -contact and full -contact
C: Safeguards as outlined in the health guidelines for football at Premier and National Division One League, hence these leagues will resume action in July 2020 with the strict observance of health guidelines.

“The Ministry of Heath, the Ministry of Youth, Sport and Child Development and the Ministry of Local Government would be inspecting sports arena’s to ensure they are ready for action.”

The last league action for FAZ Super Division teams was on March 8 with rescheduled Week 23 games before the lockdown was implemented.

Forest Rangers currently lead the log after 25 games played on 46 points, one more than Napsa Stars with nine games left before the 2020 title is decided.

Defending champions Zesco are 5th and are four points behind Forest.

Zambia’s rule of law backslides down the slippery slope

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By Simon Wolfe

Shameless overreach by the government is having real-world effects on business and investment

Zambia has a long tradition of the rule of law, a clear separation of powers and an effective and responsible judiciary. So it is worrying that it is slipping down the World Justice Project rule of law index, with worsening scores in the categories of government powers, fundamental rights, absence of corruption, criminal justice and open government.

So too in the Economist Intelligence Unit’s 2019 democracy index, with authors citing particular concerns that “increased restrictions on the electoral process in Zambia reflected democratic backsliding and a retreat from political pluralism”.

The breakdown of the rule of law has economic consequences. Zambia ranked in the bottom 10 of the 76 participating jurisdictions in the world for mining investment, according to the Fraser Institute’s 2019 annual survey of mining companies, published in February 2020. The steep decline was attributed in part to regulatory inconsistencies as well as an unfavourable taxation regime.

What is going on? The rule of law is meant to safeguard a stable investment environment where investors, local or foreign, can trust that their assets won’t be affected by political whim. It also ensures that regulators and the courts remain impartial and free of political interference. The media is free to report on, criticise and challenge the government, the courts and the private and public sectors.

This seems to be breaking down in Zambia. A couple of months ago, a private TV company, Prime TV, was refused a licence by the government after it refused to air public messages about the coronavirus, saying it was still due payment by the state for past services. The matter has been referred to arbitration by the high court in Lusaka.

In another example, the ministry of mines & minerals development changed the system for export permits for minerals on June 10. The ministry will no longer accept samples submitted to the geological survey department in Lusaka. It believes exporters are submitting low-grade samples to the chemistry laboratory, undervaluing the value of mineral exports and affecting state revenues negatively. From July 1, ministry officials will be going directly to the mine sites and warehouses to collect the samples.

As permanent secretary Barnaby Mulenga said: “It is the desire of the government that the ministry gains full oversight of the mineral supply and value chain to ensure effective monitoring of mineral production and exports.”

An over-encroachment by the government or government-owned or controlled “private entities” is having a real-world negative commercial impact. We are seeing this play out now in the dispute between the Copperbelt Energy Corporation (CEC) and the state-owned Zesco and KCM. This has escalated so quickly that observers were shocked by the government’s unashamedly inappropriate intervention in expropriating CEC’s infrastructure through a statutory instrument and protecting an indebted company.

Concern is also building over the proposed “Bill 10”, which according to Zambian constitutional law expert Prof Muna Ndulo “is designed to remove parliamentary oversight over the presidency and thereby install a constitutional dictatorship. It attempts to manipulate the electoral system to ensure that the ruling party remains in power in perpetuity.”

The rule of law and separation of powers are meant to build institutional defences against the creation of absolute power. When one part of the system becomes too powerful (in this case the presidency), other bodies such as parliament or public regulators naturally defer to that power. By this the framework has not necessarily changed, but the effect of their respective powers has. Critically important and supposedly objective institutions remain independent in name only.

Energy minister Mathew Nkhuwa tried to reassure the Zambian public at a media conference on June 17 that the government was not nationalising CEC. He referred to CEC’s listing on the Lusaka Stock Exchange and the more than 4,000 Zambian retail shareholders (not to mention the 110,000 Zambian pension holders) who are invested in the private company. However, with the state-controlled Energy Regulation Board unilaterally imposing uncommercial tariffs on CEC, the minister’s comments are unlikely to calm local and international investors.

There are other reasons to keep an eye on Zambia, including concerns over a breakdown of the power supply and the country’s inability to pay for electricity imports, which could push it further towards debt distress.

The breakdown of the rule of law in neighbouring Tanzania, and the effect this has had on its economy, should also set off alarm bells for Zambians. Tanzanian President John Magufuli has declared a populist “economic war”, simultaneously cementing his own grip on power and causing investor confidence to plummet. Foreign investment has decreased by 30% in the five years since Magufuli came to power.

• Wolfe is MD of international advisory firm Marlow Strategy, which operates across Africa.

Source:Businesslive

Nevers Mumba says Kamuzu Banda’s Malawi Congress Party’s Election Victory Offers Hope to New Hope MMD

New Hope MMD President Dr Nevers Mumba says the bouncing back to power in Malawi by the Malawi Congress Party offers hope to the MMD.

Dr Mumba says he has since phoned Malawi President-Elect Lazarous Chakwera who is also an ordained Reverend to congratulate him.

“I have just got off the phone with my brother the Rev (Dr) Lazarous Chakwera, the President-Elect of the Republic of Malawi. This is a peculiar moment in God’s special calendar for Africa. In one single election, God has conclusively answered the two most critical questions in governance,” Dr Mumba said.

“God has nullified the myth that a political party that loses power cannot be re-elected. Kamuzu Banda’s Malawi Congress Party lost power in 1994 and today the 24th June 2020 has won the election with a landslide. God has also nullified the long-standing myth that a Pentecostal Reverend cannot become President. Today, Rev Lazarous Chakwera has become the 6th President of Malawi.”

“The Bible says, “to everything, there is a season.” This is a new season for Africa to bring morality and integrity in African politics. This has been our fight and crusade over the last two decades. The Christian values are to bring equity and justice to the long-oppressed African person. This day goes down in the annals of history as the beginning of the true emancipation for Africa,” Dr. Mumba said.

“Congratulations Malawi. You have done it. You have beaten us at our own game. Congratulations Rev Chakwera for this memorable victory. May Zambia be next.”

However, Malawi Electoral Commission (MEC) chairperson Justice Dr. Chifundo Kachale has warned media houses in Malawi to tread carefully when publishing unofficial results, saying the move has the potential of misleading the nation as some of the results circulating on Social media are fake.

Dr. Kachale made the remarks during the second briefing on the first day of the eight days of vote tallying at the National Tally Centre at College of Medicine in Blantyre.

“We are not transmitting any results of now. In fact, the first results are not yet in. However, there are unofficial results circulating in the media, especially social media.

“I advise media houses to ensure that they explain to their followers that their results are unofficial until MEC makes a determination on them,” he said.

Dr. Kachale underlined that MEC is the only body with powers to announce and declare winners.

“Those spreading unofficial results have the capacity to shape public perception. I ask for caution,” he said, adding that Malawians should also be on the watch against the proliferation of fake news.

Dr. Kachale, a judge of the High Court of Malawi, pointed out that unofficial results have been broadcast on radio and also circulating on social media.

“While the unofficial results have a potential of shaping the public perception on the expected outcome of the election, the Commission wishes to affirm its position that it is the only body that has the legal mandate to announce and declare a winner in an election.

“Therefore, those that are spreading unofficial results, especially media houses, should always not forget to put a disclaimer that what they are sharing are unofficial results and that the final results will be declared by the Commission.”

He said when determining the results the Commission does not just look at the figures but is also considers complaints and issues that have been brought alongside that particular result. The Commission is reminding all stakeholders to be on the lookout for fake news and false information.

“With social media, it is possible for anyone to come up with their own results and distribute them. All stakeholders taking an action basing on unofficial results should be extremely cautious,” he said.

Dr. Kachale said a candidate wins an election when all votes are tallied and not that in a particular district or region or constituency.

“Therefore, all stakeholders are advised to keep their eyes on the national tally that will be released by the Commission,” he said.

Dr. Kachale said the Returning Officers, who are mostly District Commissioners, will bring the results physically to the National Tally Centre.

He also stressed that MEC is not transmitting results through any electronic system or network. Therefore, no one should wake up and raise allegations of hacking or infiltration of the results.

Rev Chakwera’s MCP was once led by ex-president Kamuzu Banda, who ruled Malawi for 30 years until losing power in the first multi-party polls in 1994.

This time around the MCP president leads a nine-party alliance.

Grant Chella Tukuta bond now or take him to court, demands HRC

The Human Rights Commission has called for the immediate release of incarcerated celebrity photographer Chellah Tukuta.

Commission Spokesman Mweelwa Muleya said in a statement that the continued detention of Tukuta on bondable offenses is a violation of his human rights.

The Human Rights Commission (HRC/Commission) is calling upon the Zambia Police Service to grant Mr. Chellah Tukuta police bond or take him to court immediately because his continued detention without trial is a violation of human rights. The Commission is deeply concerned that Mr. Tukuta who has been charged with counts of criminal libel, threatening violence and racial discrimination has been in police custody for more than seven (7) days, which is over-detention and unlawful,” Mr. Muleya said.

“Over-detention constitutes extra-judicial punishment and must not be allowed in a democracy where there must be respect for the rule of law, constitutionalism, and human rights. Therefore Law Enforcement Officers must refrain from unlawfully punishing, humiliating and degrading suspects during their course of executing their mandate of enforcing the law, which is critical to the criminal justice system of any country,” he said.

“The Criminal Procedure Code (CPC), Chapter 88 of the Laws of Zambia, which guides on the promotion and protection of the Right to Liberty as enshrined under Article 13 of the Constitution of Zambia, Chapter 1 of the Laws of Zambia stipulates under Section 33 that anyone arrested without a warrant and not facing an offence attracting death penalty should be taken to court within 24 hours of being arrested and if it is not practicable, he or she should be granted police bond.”

Mr. Muleya said, “The offenses Mr. Tukuta is facing are all bondable and therefore his continued detention beyond the prescribed legal period is unjustifiable and a violation of his right to liberty and the right to secure protection of the law as stipulated by Articles 13 and 18 of the Constitution of Zambia respectively and various regional and international human rights instruments.”

“It is unacceptable for law enforcement officers to engage in the blatant discriminatory application of the law whereby some suspects are automatically granted police bond while others are subjected to unlawful over-detention in violation of human rights with impunity.”

“Therefore, it is only fair and just that Chellah Tukuta is granted police bond pending his appearance in court.”

All international airports to open, Bars to remain closed until there’s favorable weather conditions – President Lungu

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President Edgar Lungu has announced that all international that were closed following the outbreak of Covid-19 are to reopen.

In his televised national address, President Lungu also announced that bars and night clubs will remain closed until the country starts experiencing favorable weather conditions.

And President Lungu says youths should take advantage of some opportunities which government is putting in their way instead of protesting in the bush.

Meanwhile, the Head of State has announced that Zambia recorded eight new COVID-19 cases in the last 24 hours out of 569 tests done.

Full speech below

 

LUSAKA

25th JUNE, 2020

Countrymen and women,

  1. It is exactly 97 days today since Zambia recorded the first case of COVID-19. Life as we knew it, completely changed and along with it, the livelihoods of millions of Zambians were adversely affected. My government remains alive to the challenges facing Zambians evryday as they strive to make a living amidst these difficult times. In the last 24 hours, eight cases were recorded to be positive out of the 569 tested. Cumulatively, 1,497 persons have been inffected with COVID-19 and sadly, 18 have lost their lives since the outbreak of corona virus in Zambia.

  1. Of note, we have had 1,223 cummulative recoveries from COVID-19, which translates to 82%, out of 52,195 total tests conducted so far. In addition, all patients under treatment are in stable condition.

I wish to applaud our dedicated gallant health professionals and all the frontline personnel for the spirited fight they put up against COVID-19.

Countrymen and women,

  1. It is now one month since I last addressed the nation on the state of the COVID-19 pandemic in our country.

  1. In my last address, as we were advancing into the cold season, I cautioned the nation on the likely increase in the number of persons suffering from common colds and coughs. The cold was also expected to increase the probability of citizens catching COVID-19. I, accordingly, advised that we keep warm.

  1. Yes, the cold is here and it has indeed been very cold lately with temperatures oscillating between 4 and 11 degrees celsius. We have seen a continued increase in the number of COVID-19 positive cases, though not as experienced by other countries.

Countrymen and women,

  1. My government has continued to implement cutting edge and science-based interventions at all levels of the response to ensure no life is lost to COVID-19.

Countrymen and women,

  1. When I take time to read what some people write, especially on social media and listen to what they say on phone-in radio and television programmes, I get the sense that for some people, COVID-19 is a hoax and that it only exists in the developed world. I have heard some people, say “why have we not re-opened everything and gone back to normal, this disease is not killing Africans.”

  2. Make no mistake about it, COVID-19 is real and it remains a deadly disease.

  1. However, the measures that I announced during my first address on 25th march, 2020 are yielding positive results in stemming the further spread of COVID-19. To say it could have been worse is an understatement.

  1. We do not intend to shower ourselves with praises over the containment of COVID-19, but when we see what has happened in many other countries, we can only thank God and pray that he continues to protect us from the deadly pandemic.

  1. In the same vein, we pray to God to grant world scientists intellect and wisdom to find the vaccine and the cure. For those infected, with the virus, we pray for God’s healing mercies and wish them quick recovery and for those, who have lost loved ones, we pray for their strength and courage. May the souls of the departed rest in eternal peace.

Countrymen and women,

  1. It is important not to relax and go back to our old ways of doing things as that will fuel the rapid spread of the virus. Sadly though, it has come to my attention that some bar and night club business owners have resumed operations despite my government’s directive to remain closed.

  1. This cavalier attitude by some of these business men and women should not be condoned. It is important to adhere to the measures that government has put in place because we need to preserve the precious lives of our people as we endeavour to gradually restore our economy.

  1. My appeal to you my fellow Zambians is to calmly and patiently observe how we go through the cold season.

  1. All the businesses including bars and nightclubs, schools, colleges and universities will eventually reopen and resume operations once we go through this period. The World Health Organisation (WHO), and the Centre for Disease Control (CDC), through the Ministry of health, have warned about a spike during this cold season if we relax the measures that we have put in place.

Countrymen and women,

  1. Covid-19 has impacted negatively on our day-to-day lives. To some people, COVID-19 has resulted in loss of employment, loss of income, and in some cases, complete closure of business operations.

  1. It has also meant drastic reduction in demand for goods and services as well as a marked drop in imports in view of border restrictions and reduced industrial activities globally.

  1. At national level, the impact of COVID-19 is beginning to manifest fully as follows:

  1. Revenues will be lower by K20.8 billion arising from the general reduction in economic activity, loss of expected revenue and tax relief measures administered as a result of COVID-19;

  2. Government spending in 2020 is expected to rise by approximately K20 billion due to the depreciation of the Kwacha which has in turn raised external debt payments and other foreign based expenditures; and

  1. External debt service is expected to rise by K8.7 billion. In addition, COVID-19 related expenditures have contributed to an increase in government spending.

  1. This is why my government has put in place the K10 billion medium term refinancing facility meant to restructure, refinance or extend credit to businesses and households impacted by COVID-19. I am happy that commercial banks are now accessing part of the K10 billion to be loaned to our entrepreneurs, especially, small and medium enterprises.

  1. So far, K533 million of K1.8 billion worth of applications from the banking sector has been approved by the bank of Zambia. In addition, applications worth K753 million from the non-banking financial sector, are currently under consideration by the bank of Zambia.

Countrymen and women,

  1. With the projected fall in revenues, against the rising expenditure, coupled with unpredictable external financing, it has become necessary that domestic resources be mobilised to support the fight against COVID-19 and stimulating the local economy.

  1. That is why my government has decided to issue the COVID-19 bond amounting to k8 billion as a stimulas package to enhance economic activity. Part of the money raised from this bond will be used to pay off the retirees and those on the separatees pay roll who have been waiting for their retirement benefits for a long time.

  1. In addition, government is so concerned about domestic debt owed to suppliers of goods and services. That is why part of the money from this bond will be used to pay off suppliers of goods and services, including the local contractors. This is a deliberate effort by my government aimed at ploughing back money in our local economy and enhancing economic activity than letting our money go out of the country.

  1. Further, the money realised from the bond will be utilised to support the small and medium enterprises that will not be able to access the K10 billion medium term refinancing facility through commercial banks which is managed by the Bank of Zambia.

  1. With these measures, I expect the economy to reignite to a positive growth trajectory.

Countrymen and women,

  1. As government, we have got things to do and work to do. As we direct our efforts to resuscitate our economy, amidst COVID-19, we should equally apply our efforts to revamping the social sectors that include skills training schools and trades centres. I direct the minister of youth, and sport to find opportunities as enshrined in the seventh national development plan for the youth to venture into skills training and other entrepreneurship ventures.

  1. The youth should take advantage of the opportunities available and those that my government has facilitated. I expect the Ministry of Youth and Sport to provide leadership in a multisectoral manner as they guide the youth to become a positive demographic dividend in our economy amidst COVID-19.

Countrymen and women,

We have got work to do.

As a way of starting this work that we must all be engaged into, I have since approved a K30 million youth empowerment scheme targeting artistes countrywide to be launched in Lusaka soon. The national arts council under the Ministry of tourism and arts will implement this programme.

Countrymen and women,

I direct the Ministry of Youth and Sport, the Ministry of Commerce, Trade and Industry, and the Citizen Economic Empowerment Commission (CEEC) to facilitate linkage for the youth to benefit from the development of industrial yards through the skills development and entrepreneurship project supported by the African Development Bank (ADB).

Furthermore, government is facilitating youth access to other empowerment programmes under the ceec such as the cassava value chain programme and the acquaculture value chain initiative.

Countrymen and women,

We have got work to do and things to do,

My government has set aside us $29 million for the implementation of the acquaculture seed fund under the Zambia acquaculture enterprise development project. The project is aimed at enhancing fish production and is earmarked to benefit more than 3,000 enterpreneurs, including youth and women.

Therefore, I implore the Zambian youth to take keen interest in participating and profiting from different empowerment initiatives my government is putting in place, instead of protesting in the bush and taking pride in how many views of their protests where seen on social media.

Countrymen and women,

The Zambian youth I long to see is one that is taking the initiative like that young man of Chunga dumpsite waste management association who transformed trash into cash and now has built a house, employs other youth, and is organising other youth into a cooperative. Or Chilekwa Mwamba who has formed a cooperative with his young friends and today the organisation has spread across the country.

  1. As government, we have seen that the re-opening of examination classes is already giving us vital information which we should take into account as we are considering resumption of the remaining classes as well as colleges and universities.

  1. Consultations with key stakeholders are currently underway on the reopening of the remaining classes, colleges and universities bearing in mind the cold season as guided by the who, cdc through the Ministry of health. The nation will be informed the next course of action once the consultations are concluded.

Ladies and gentlemen,

Guidelines for all sports disciplines to follow as they consider resuming sports activities have been developed. They include the following, but not limited to:

  1. Guiding principles stipulated by the statutory instruments 21 and 22 of 2020;

  2. Guidelines for various sports disciplines which have been categorised as non-contact, semi-contact and full contact sport; and,

  1. Safeguards as outlined in the health guidelines for football at premier and national division one leagues. Hence these leagues will resume action in july, 2020, with strict observance of health guidelines.

Countrymen and women,

The Ministry of health; the Ministry of youth, sport and child development; and the Ministry of local government would be inspecting sports arenas to ensure they are ready for action.

Countrymen and women,

In the tourism sector as I stated in the last address, we also have to get back to work. I, therefore, announce the reopening of all international airports which were closed, immediately.

Let me direct the minister of communication and transport, the minister of finance, the minister of home affairs and the minister of tourism to work together in ensuring stringent health guidelines such as

  1. Screening;

  2. Testing passengers with symptoms;

  3. Masking;

  4. Social distancing;

  5. Frequent washing of hands, and

  6. Follow-up on passengers who test positive and sending them into quarantine until they test negative.

Countrymen and women,

The reopening of all international airports will trigger the recovery of the tourism sector not only in livingstone but the country at large. We have to get back to work fully under the new normal.

Countrymen and women,

  1. We have been advised by health experts that Coronavirus thrives in extreme cold weather conditions like the weather we are experiencing currently. We have learnt that a number of countries in asia where COVID-19 was first reported have experienced resurgence in cases after restrictions were eased despite an initial aggressive approach to slowing the progress of COVID-19, having been successful.

  1. In some instances, countries have had to re-institute public health and social measures such as restriction on movement and interactions between people to once again fight the spread of the virus. As such, we need to be cautious when it comes to easing up any restrictions lest we risk the spike in the number of positive COVID-19 cases.

  1. In view of this, bars and night clubs will remain closed until the weather conditions are favorable and special and specific guidelines for this sub-sector are devised and put in place.

  1. My government will continue with the screening, testing and isolating those infected with the virus and are symptomatic.

  1. We cannot afford to drop our guard. Covid-19 is real and still here with us! We should continue observing the health guidelines of hand washing and sanitizing, face masking and social distancing even more, what with these extreme weather conditions!

  1. So far, the majority of our people have in the last three months, worked with unity of purpose to keep the COVID-19 outbreak under control. This is indeed in line with our spirit of ubuntu, which places the greater good before individual benefits. However, the biggest enemy we face today is complacency.

  1. As I conclude, I wish to encourage you, fellow countrymen and women, to continue adhering to the set guidelines and social measures as follows:

    1. Mandatory use of face masks by everyone in public;

    2. Avoid unnecessary crowding and ensure social distancing;

    3. Provision of facilities for hand hygiene and sanitation;

    4. Regular cleaning and disinfection of public amenities;

    5. Observance of personal hygiene and cough etiquette; and

    6. Avoiding unnecessary movements.

Countrymen and women,

I implore all of you, in particular, the youth to join me on this journey for we have got work to do, and an economy to keep bouyant!

As the apostle paul says in the book of Colossians chapter three, verse 23 to 24 – whatever you do, work at it with all your heart, as working for the lord, not for human masters, knowing that from the lord, you will receive the inheritance as your reward.

  1. My government will continue to monitor the situation and advise the nation on the necessary action to be undertaken as the pandemic evolves.

God Bless you all, God bless Zambia

I thank you

UPND declares Bill 10 dead and Given Lubinda defers tabling it

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Leader of the opposition in Parliament Jack Mwiimbu says the lifespan of Constitutional Amendment Bill Number 10 of 2019 has elapsed.

And Justice Minister Given Lubinda has deferred the tabling of the Bill

And Mwembeshi independent member of parliament Machila Jamba has thanked UPND MPs for their support against the amendment Bill.

Addressing the media at the UPND secretariat Wednesday afternoon, Mr Mwiimbu said Bill 10 is legally and procedurally killed by timeframe and cannot therefore be debated.

He urged Mr Lubinda to consider bringing a fresh Bill to the House if he is still interested in constitutional amendments.

Mr Mwiimbu revealed that the Bill has expired it’s lifespan as it went beyond the stipulated six months during which a parliamentary Bill ought to be concluded or withdrawn.

Mr. Mwiimbu vowed that the UPND and Independent MPs would not support a dead Bill, argued that if the PF wanted to bring the Bill back to the House, they needed to start the process afresh.

He said according to the processes and procedures of Parliamentary practice, any Bill before the house had to be concluded within 6 months, after which it expired making any attempts to resuscitate it an illegality.

Mr Mwiimbu who is Monze Central MP and UPND Legal Chairman further added that the members of parliament would take any appropriate action and exhaust all avenues within the confines of the law to ensure that the PF does not proceed with the Bill.

And Mwembeshi Independent Member of Parliament, Machila Jamba said he was grateful to note that UPND MPs have stood firm in fighting against the controversial Bill and bowed to ensure that the will of the people is respected.

Mr. Jamba said Zambians from all walks of life have rejected the bill and wondered why parliament should force a rejection on the people.

Meanwhile, Justice Minister Given Lubinda yesterday afternoon deferred the bill to another date with Speaker Patrick Matibini urging the government to ensure that the Bill is exhausted in the current sitting.

Some UPND MPs attending a media briefing at the party secretariat in Lusaka on Tuesday
Some UPND MPs attending a media briefing at the party secretariat in Lusaka on Tuesday

Equity Group pulls out of Atlas Mara Acquisition Deal

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Atlas Mara acquisition by Equity Group has flopped as the two firms have mutually agreed to discontinue acquisition transaction discussions citing the need to refine its strategy given the COVID19 pandemic.

Equity Group proposed to acquire Atlas Mara banking assets in Rwanda, Tanzania, Zambia, and Mozambique.

In exchange, Atlas Mara was to get shares in Equity Group.

In January 2020, Equity Group published an update saying that the two firms were yet to sign a detailed transaction agreement and the binding term sheet with respect to the proposed transaction had expired.

At the time, Equity Group remained optimistic that the two firms would pursue further discussions in early 2020 to try to reach mutually acceptable commercial terms.

Equity Group says discontinuation of the transaction was due to the effects of COVID19 pandemic to both the world and economies in which it operates.

In this case, the bank says it has refined its strategy to take into account the COVID-19 pandemic.

President Lungu Urges the Commonwealth to support calls for debt relief or cancellation for developing member states

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President EDGAR LUNGU has urged the Commonwealth to support calls for debt relief or cancellation for developing member states in view of the Coronavirus pandemic.

President LUNGU has also called for enhanced collaboration in research for the vaccination and cure of Covid-19 and mobilization of resources from the local and international community.

The President emphasized the need for concerted efforts among member states to address inequality and ensure gains made towards the eradication of poverty and zero hunger are NOT reversed.

President LUNGU says the most vulnerable – women and girls, persons with a disability, the elderly, and displaced persons – should be at the centre of recovery.

The President said this through Foreign Affairs Minister JOSEPH MALANJI during the Commonwealth Covid-19 Virtual Leaders Meeting.

Mr MALANJI was accompanied by the Ministry of Foreign Affairs Permanent Secretary for International Relations and Cooperation CHALWE LOMBE and other senior Government officials.

The meeting, convened under the theme “Sharing Solutions in Challenging Times”, addressed Covid-19 in the context of trade and finance, climate change, technology and experience sharing, and the Commonwealth’s role in promoting tolerance and social cohesion

The meeting was also informed that Zambia’s COVID response involves implementing strategic interventions in line with the guidance from the World Health Organization -WHO- and the Africa Centre for Diseases Control and Prevention, to mitigate and response t
the disease.

This is according to a statement released to a statement released to ZNBC News by Ministry of Foreign Affairs Public Relations Officer CHANSA KABWELA