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Forest Rangers began life without coach Perry Mutapa on a good note following a 1-0 home win over promoted Kansanshi Dynamos at Levy Mwanawasa Stadium in Ndola.
Mutapa dumped Forest on Monday in 7th place after steering them from a three-match losing run to collect a draw and a win before leaving the Ndola club for struggling Kitwe giants Power Dynamos who are down at number 12.
Adams Zikiru scored the game’s only goal in the 27th minute, and his fourth of the season, to lift Forest up one place to 6th on 18 points, exchanging places with Green Eagles who have 15 points.
FAZ Super Division new boys Kansanshi tumbled from 8th to 11th after suffering their fifth loss from twelve games played this season.
And in the second kickoff of the Week 13 doubleheader at Levy, hosts Buildcon crawled from two-down to finish 2-2 against Lusaka Dynamos in this mid-table clash.
Mousa Lemisa and Willy Stephanus scored in the 8th and 24th minutes respectively for Dynamos to give the visitors a 2-0 lead.
But Moses Phiri cut that lead on the stroke of halftime and Chanda Mushili earned Buildcon a share of the points in the 70th minute.
Buildcon are 10th on 14 points from twelve games and Dynamos are 12th on 12 points from eleven matches played.
Ten-man Zanaco made a good start away in their 2019/20 CAF Confederation Cup Group B campaign on Sunday after drawing with DC Motema Pembe in Kinshasa.
The two sides finished 1-1 in their opening Group B match at Stade des Martyrs on December 1 in the DR Congo capital.
Zanaco took control of the match well into the 70th minute after striker Moussa Souleymanou put them ahead in the 25th minute.
But Zanaco suffered a setback after the hour mark when they were reduced to ten-men in the 66th minute after midfielder Kelvin Kapumbu was given his second yellow card of the day.
Peter Kolawole snatched the equalizer for DCMP in the 78th minute to deny Zanaco the opportunity of becoming the first Zambian club to win a continental match away in DR Congo.
But the result saw Zanaco still make history when they became the first Zambian club to earn a point away in DR Congo.
Zanaco together with their compatriots Nchanga Rangers, Green Buffaloes, Zesco United, Red Arrows and Power Dynamos have all lost there in previous competitive continental action in DR Congo.
Meanwhile, Zanaco return to Group B action on December 8 when they host RS Berkane of Morocco in Lusaka.
Berkane were in action late on Sunday at home against ESAE of Benin.
Zambia’s High Commissioner to South Africa Major General Jackson Miti
Zambia’s High Commissioner to South Africa Major General Jackson Miti says the Mission will early next year start receiving and processing applications for dual citizenship for Zambians living in that country.
Major General Miti said the process would facilitate the acquisition of Zambian citizenship for Zambians wishing to do so.
He was speaking at a Welcome Gala Dinner organised in his honour by the Zambia Association in South Africa (ZASA) at Scarlet Ribbon, Kempton Park, Johannesburg.
Ambassador Miti said challenges that prevented the process had now been resolved.
He added that the Mission would also resume immigration clinics in South Africa’s major cities to sensitive Zambians on consular matters.
He said the High Commission would engage cooperating partners to assist in mobilizing resources for the immigration clinics.
He said it was one of the Mission’s agenda to ensure that Zambians were given assistance.
Major General Miti further commended the Association for doing a good job in helping unite Zambians in South Africa.
And ZASA President Ferdinand Simanya said despite the Association receiving reports of hurdles by some Zambians to acquire work permits, entry and resident visas, his Association was generally happy with the welfare of many Zambians in South Africa.
Mr Simanya said since 2016 when he was elected into office, unity of purpose among Zambians had been achieved.
He said the Zambian culture and heritage has also been shared.
The event was punctuated by performances from popular artist Afunika and many others.
Guests at the Welcome Gala Dinner organised in his honour by the Zambia Association in South Africa (ZASA) at Scarlet Ribbon, Kempton Park, Johannesburg.Guests at the Welcome Gala Dinner organised in his honour by the Zambia Association in South Africa (ZASA) at Scarlet Ribbon, Kempton Park, Johannesburg.
Guests at a solo art exhibition themed “The Gate Keepers of Morality”, at the ALN Building in Longacres
ZAMBIAN female artist Nukwase Yosa, on Thursday evening, hosted a solo art exhibition themed “The Gate Keepers of Morality”, at the ALN Building in Longacres with support from Musa Dudhia and Co., dedicating it to all women of colour.
Nukwase who is no stranger to the arts was also part of the prestigious African Inspirations Art Exhibition, which run for nine (9) days showing body works from 24 other local artists, at the Lusaka Golf Club early November.
“This is my first solo exhibition and it addresses a number of pertinent issues including the unrealistic standards that African women are expected to live up, all in the name of upholding culture and tradition. It’s basically a call on open-minded people that want to break free from a patriarchal and sometimes colonial system that affects ALL of us. Men and women alike”, adding it was through her work that she tries to change people’s perceptions about our society.
Legal firm Musa Dudhia and Co., provided the much-needed support for the exhibition, while Rooney’s, provided cocktail furniture.
Meanwhile, guests were entertained by Singer and performer Taehr Nanavat playing soul and afro-funk cover songs, giving the event a vibrant touch and conversation starter, while ‘Roots Astray’ duo Maya and Chipo gave an interpretive dance inspired by the theme of the exhibition.
The event was successfully attended by fellow artists, members of the public, notable lawyers and judges, as well as members of the National Arts Council and its affiliate organisations that also included past and present members of the Henry Tayali – Visual Arts Centre.
Guests discuss the ‘Builder of the Nation’ piece after taking a picture on their mobile phoneAdrian Chipinde, Director – National Arts Council chatting with Mulenga Mulenga during the exhibition nightJessie Chisi center with her husband far right, chats with Samba Yonga, at the one night only solo exhibition.Guests at a solo art exhibition themed “The Gate Keepers of Morality”, at the ALN Building in LongacresGuests at a solo art exhibition themed “The Gate Keepers of Morality”, at the ALN Building in LongacresGuests at a solo art exhibition themed “The Gate Keepers of Morality”, at the ALN Building in LongacresGuests at a solo art exhibition themed “The Gate Keepers of Morality”, at the ALN Building in LongacresGuests at a solo art exhibition themed “The Gate Keepers of Morality”, at the ALN Building in LongacresGuests at a solo art exhibition themed “The Gate Keepers of Morality”, at the ALN Building in Longacres
File:The two Kapiri gay men being taken away after making court appearance
The deplorable sentence of purportedly gays to 15 years’ imprisonment for a mediocre “crime against the order of nature” speaks to the moral bankruptcy of Zambia’s judicial system. No right thinking person, let alone judge would pronounce such a sentence unless one is mentally unstable or forced to undress oneself to win political favor from the supreme leader.
I am embarrassed to even call this foolishness a legal ruling–it is simply nauseating, malevolent, and irrational. Courts are the conscience of the nation, but in Zambia, they are rapidly becoming fountains of injustice and moral inanity. No wonder hoi polloi overpopulate lice-infested jails, while politically connected villains get away with it. The 15 years’ sentence is a prime example of this farcicality.
I have repeatedly indicted our justice system as rotten to the core. How many rapists have served 15 years in prison? How many corrupt politicians have been sentenced to 15 years? And how many politicians have been arrested for sexual harassment? How about those who have raped and even impregnated minors? In today’s Zambia, we pay judges to punish the innocent and reward dishonest officials. To expect justice from the rotten Zambian legal system is like looking for a good piece of meat from the rotten cadaver.
There is no moral or Christian basis for this thoughtless or crazy ruling. Until the uninformed court proves how sex between two consenting adults violate my individual rights, this ruling is a testament to the incompetence of those who sit in our courts. So what has happened to legal decency? Who has bewitched our courts to pass injustice for justice? Besides, is it not an insult to the dreams of independence that we can employ King Henry VIII’s law (the man who married six times) to send born-free Zambians to jail in 2019? Or is this an illustration of courts dancing to political interests? Kaya!
Corrupt politicians love immoral courts and religious leaders. Amidst lack of moral judgement, Zambian courts have become instruments of discrimination. Who does not know the number of politically connected criminals who roam our streets with pride? Who does not know corrupt politicians who drive expensive cars and grab other people’s wives and husbands? Unless they backslide from the worship of the Criminal in Chief, they remain above the law? That archbishops, bishops, pastors and priests are silent on this unjust ruling is hard to believe.
As a nation, we have lost the sense of integrity. Even preschoolers would see the injustice of this ghastly sentence. Judges are not automated machines who are programmed to dispense prison terms without ethical reasoning. Laws don’t change themselves, but are changed by legal minds that challenge the basis for such senseless and foolish laws. Any level minded judge would not only question the immorality of such laws, but also refrain from furthering the injustice.
Appearances are deceptive. President Lungu may appear imprudent but he is a strategic politician. His rise to power speaks millions as to his ability to dupe masses. This deplorable ruling is not coincidental–rather it is part of his 2021 election strategy that PF cadres have raised over and over again. Unfortunately, HH is caught in it.
Whereas I address HH’s role in this ruling, the Lungu administration is internationally known for corruption–something that has led to numerous criticisms from Western ambassadors. But like Museveni of Uganda, Lungu expects the donor community to lobby him to pardon the gay couple–the leverage his corrupt administration has been longing for in attempts to deflect from verifiable cases of misuse of donor funds and the growing concerns on constitutional amendments. Should Western ambassadors get their wish, they will happily celebrate Lungu’s intervention in this PF-self created human rights crisis–providing the false impression that he supports good governance. But we all know better–his heroes and mentors are corrupt war criminals like the late Robert Mugabe, Paul Kagame and of course the murderous Saudi regime.
But there is another strategic reason for the same. As donor funding dries up, and calls for transparency increase, the PF administration will explain the donors’ blacklisting of Zambia as due to Lungu’s opposition to homosexuality. With Rev. Sumaili on its payroll and countless religious leaders shout “more money in our offertory plates,” this far-fetched claim will mollify ignorant Christians to sing:
“Onward Christian” [thieves]! Marching as pirates,
with brown envelopes going on before.”
And countless pastors will compete in singing:
“O when the [thieves] go matching in,
O [Lungu] I want to be in that number.
O when the [thieves] go matching in.’
But to human rights advocates, the sentence is immoral, senseless and unjust! If anything, the person who pronounced this evil sentence is not even worth the title, let alone, to sit on the seat of justice.
“Then those who feared the Lord talked with each other, and the Lord listened and heard. A scroll of remembrance was written in his presence concerning those who feared the Lord and honored his name…”(Malachi 3:16, NIV)
God’s Book of Remembrance
Do you ever keep special cards or emails from loved ones? People do this because those words of love and encouragement are important. In the same way, your words and thoughts of love are important to God, too. Did you know He has a Book of Remembrance? In this book, every time we talk about Him or thank Him for His goodness, He has the angels write it down. When you just think about God, the angels record it. In fact, this moment right now, the angels are writing it down in the Book of Remembrance.
This book is not up on a dusty storeroom shelf in heaven somewhere. The Scripture says, “It stays constantly before God, wide open, as a reminder of those who are thinking of Him.” God loves you so much and values your love, too. All throughout the day, be determined to keep God in your thoughts. Meditate on His promises and thank Him for His goodness. When we keep our minds focused on Him, we won’t be distracted by the cares of this world. When you let your love for Him show, it pleases His heart and draws you closer to Him each and every day.
A Prayer for Today
“Father, today I turn my heart and mind toward You, thanking You for Your goodness and faithfulness in my life. I bless You today because You are worthy. I hold Your truth close to my heart so that I can always be pleasing to You in Jesus’ name. Amen.”
Minister of Mines and Mineral Development Hon. Richard Musukwa has said that Government is confident that gold mining in Mwinilunga and other potential sites across the country will make a huge contribution to the country’s economy.
And United Kingdom based company Jubilee Metals Group Plc, has said there is real potential for the mining sector in Zambia especially gold and that investors in the United Kingdom needed to know about Zambia’s gold.
The Minister said this when he met United Kingdom companies which included Jubilee Metals Group, Spark Advisory Partners, Shard Capital, Spice and Capital Jcam Investment who expressed interest in investing in Zambia.
Hon. Musukwa said that Mwinilunga sits on an excess of a million tonnes reserve of Gold resource that is on the surface.
“We have gold reserves across several parts of Zambia, but the Mwinilunga one, is phenomenon because it has brought new tidings in terms of Zambia’s mineral resources and we strongly feel that once exploited, this is the resource that can make a huge contribution to gold reserves across the world. The resources that sits in North-western Province in Mwinilunga is so huge, our geological team has made a preliminary assessment, and we are sitting in excess of a million tonnes reserve in terms of gold and most of which is just on the surface.”
“We have already allowed Bank of Zambia to be buying all the gold around the country and we think that we should now use the gold as part of our import cover and build up in terms of reserves,” he said.
UK investors
And Jubilee Metals Group Plc Non-Executive Chairman Colin Bird said in the near future, Zambia will be a significant contributor to the World’s gold supply.
“Zambia is blessed with enormous mineral wealth. I think the mining world has not heard about the gold in Zambia. In the North-western of Zambia, there is an emerging gold industry with tremendous surface gold discoveries. I understand that the indications are very good and Zambia in the near future will contribute to the world’s gold supply,” he said.
Mr. Bird said he was happy with Jubilee’s investment in Zambia where it had operations in Kabwe and said Zambia will be a significant player in the gold sector saying it is the country to invest in.
Meanwhile, Jubilee’s Chief Executive Officer Leon Coetzer said the company is converting the Zinc Refinery in Kabwe into a metal refinery which will expand its commodity basket to include Copper, Vanadium, Zinc and Lead.
“Zambia has a rich history of Copper mining and a huge amount of potential in the mining waste processing space. Having recently acquired the Sable refinery in Kabwe, the aim is to build Kabwe into a central processing facility for third party material in Zambia. Jubilee estimates there are 6.4million tonnes of surface tailings in the region surrounding Kabwe containing Zinc, Vanadium and Lead as well as Copper,” he said.
He said Copper cathode production will start in the first quarter of 2020 and Jubilee Metals Group PLC expects to produce the first copper from its Kabwe project early next year.
Mr. Coetzer said the initial production from the copper circuit is expected to be 250 tonnes of plated copper cathode metal per month, rising to 400 tpm.
“First Zinc and Vanadium products are scheduled for the second and third quarter of 2020 with the production of lead concentrate targeted for the fourth quarter. Kabwe will be Jubilee’s fifth tailings preprocessing operation with the group currently producing predominately chrome and platinum,” he said.
Jubilee Metals Group Plc is an industry leading metal recovery business focused on the retreatment and metals recovery from mine tailings, waste, slag, slurry and other secondary materials generated from mining operations.
Jubilee’s shares are traded on the AIM Market of the London Stock Exchange (JLP) and the South African Alt-X o
On Thursday, 28 November 2019, the Lusaka High Court granted the Board of Konkola Copper Mines (KCM) and Vedanta Resources Holdings Ltd (Vedanta) an injunction order preventing the sale of KCM Mining Right areas by the KCM Provisional Liquidator – Mr Milingo Lungu – to the Defendants.
Recently, Vedanta and the KCM Board became aware that the KCM Provisional Liquidator had entered into a consent judgement in Zambia’s Court of Appeal which would result in KCM’s sale of Lot 649/M Chingola – part of KCM’s Mining Licence area – for US$20,000,000 to three companies (Rephidim, Mimbula and Moxico Resources Zambia plc) with whom KCM had been in legal dispute over the area
since 2016.
Thursday court action was taken to demonstrate that this decision by Mr Lungu was not in accordance with the law (illegal).
Vedanta and the KCM Board have vowed to continue to protect KCM’s assets through all available legal remedies.
At the same time, Vedanta remains committed to engaging with ZCCM-IH and the Government of Zambia in order to find an amicable solution that is in the best interests of KCM and Zambia.
It is so disgraceful that illegalities of all sorts, including flagrant asset stripping, have continued to be committed at KCM through the so-called provisional liquidator Milingo before a decision is made by the High Court and the International Arbitrator on whether to liquidate KCM or not..
The government says it is set to present a démarche to the American government on Monday following that country’s Ambassador to Zambia, Daniel Foote’s views on the Lusaka High Court’s ruling on a matter of the Kapiri gay couple.
Foreign Affairs MinisterJoseph Malanji said Zambia has values and culture which must be followed by any person whether citizen or through any other accreditation.
Mr. Malanji was speaking yesterday morning when he briefed Journalists at his office.
The Minister shared the view that whoever wants to practice homosexuality can do that in countries where it is allowed and not Zambia.
“Because next time there will be a country which is going to establish Sex with dogs! And that must be brought to Zambians to practice? If people that want to practice gayism feel they can enjoy it, they must go to countries where it is practiced,” Mr. Thanks Malanji reaffirmed.
“I wish to inform the nation that yesterday I called the Ambassador of the United States of America to the Republic of Zambia His Excellency Mr. Daniel Foote to express the Government’s grave concern regarding the Press Release issued by the Embassy on the recent decision by the Lusaka High Court on a matter of homosexuality.”
“I wish to state categorically that in Zambia, we subscribe to and maintain the independence of the Judiciary as a fundamental tenet of our democracy. The Judiciary is the guardian of the Constitution and has the responsibility to interpret and safeguard it without any undue interference,” He added.
He also added that Mr. Foote’s decision to question the Zambian High Court’s decision is tantamount to questioning the Zambian constitution on which the judiciary makes its rulings.
“To question its decision by a representative of a Foreign Government is tantamount to questioning the Zambian Constitution on which the Judiciary makes its rulings. This is unacceptable especially on matters of an internal nature. The decisions by the Judiciary are made on the basis of the Laws of Zambia and not of another country. Consequently, it is the Zambian people who should decide appropriately and through the established practices and processes to change the laws.”
“The Government of Zambia takes great exception to the remarks made by the Ambassador on the decision by the High Court as well as his comparison of the homosexuality case to other cases of alleged thefts by government officials, political violence and poaching. The Ambassador may wish to note that all cases that are brought before the Courts of law are adjudicated based on the available evidence. It is extremely unfair and highly misleading to suggest that such cases are never brought before the Courts of Law,” Mr. Malanji said.
He has since advised Ambassador Foote to confine himself within his competence.
“Regarding the position of Zambia as a Christian nation in view of the Court’s decision on this matter of homosexuality, the Ambassador may wish to confine himself to matters that are within his competence.”
“May I take this opportunity to remind the US Ambassador and indeed other Envoys accredited to the Republic of Zambia that they have always been granted audience by the Ministry and the Government on matters of mutual interest. It is therefore expected that any sentiments on national issues if need be, are presented to the Government through the Ministry of Foreign Affairs,” he added.
THE Zambia Roads & Highway Safety Group (ZRHSG) is urging the Road Transport and Safety Agency (RTSA) to stick to their mandate and prioritise road safety and public awareness instead of revenue collection.
The Zambia Roads & Highway Safety Group was shocked to read a statement quoting the Acting RTSA boss Gladwell Banda that said RTSA had collected over K986 million in the period January to October 2019 and was pledging to be the lead agency in the collection of non-tax revenue.
“The core functions of RTSA as stipulated in the Road Traffic Act part 4 does not say RTSA should be a lead revenue collection agency of the Government. The Act stipulates that RTSA should implement policy on road transport, traffic management and road safety. The Act also states that RTSA should conduct road safety education, coordinate road safety programmes and approve road safety programmes undertaken outside RTSA activities,” says Group Admin Mthoniswa Banda.
The Zambia Road & Highway Safety Group also notes that RTSA even collected more money than the Zambia National Road Fund Agency (NRFA) which has over 21 toll gates across the country but only collected K800 million.
“The Zambian motorist is heavily taxed as a tax payer and is subjected to many payments and taxes just to have his /her vehicle on the road. Once the vehicle is on the road there are faced with many road blocks, check points, speed cameras and toll gates all designed to make money out of the traveling motorist,” says Group Admin Mr. Mthoniswa Banda.
Zambia Roads & Highway Safety Group feels It’s immoral for RTSA to even set targets of revenue collection while setting traps for motorists. RTSA should concentrate on implementing best road user practice other than aiming to raise income.
The Zambia Roads & Highway Safety Group is confident that once RTSA embarks on road safety public awareness and educates erring motorists on safety and best ways to observe traffic rules, there will be less accidents and less fines to motorist that are greatly reducing their pleasure to drive on the Zambian roads.
“Our hope is that driving on the Zambian roads will return to be the safest pleasure that it was and that RTSA officers will help traffic to smoothly flow from one point of the country to another without hustles,” says Mthoniswa Banda.
Chief Justice Ireen Mambilima says the Zambian electoral process has faired well in line with international standards.
Justice Mambilima says Zambia has always conformed to legal provisions in the conduct of general elections.
She said Zambia has adhered to international standards of conducting elections, hence making her one of the countries that have demonstrated good governance.
She was speaking in South Africa when she attended the Electoral Institute for Sustainable Democracy in Africa Meeting held in Johannesburg, South Africa in her capacity as board member.
Justice Mambilima said Zambia has always conformed to the law on how elections were supposed to be held.
She indicated that EISA had helped the Electoral Commission of Zambia to build capacity in ensuring that credible elections are delivered.
Justice Mambilima said Zambia was still learning from other member countries on how to enhance citizen participation and dispute resolution in elections.
Justice Mambilima observed that Zambia’s membership to EISA has enabled the country to learn how to make the electoral body effective.
She added that Zambia could gain more from the expertise of EISA as the Electoral Commission of Zambia needed to be bestowed with some powers.
Justice Mambilima said SADC countries should endeavour to enhance citizen participation in elections as it was currently one of the thorny issues.
Issued by: Mrs Naomi Nyawali,
First Secretary Press and Public Relations, Zambia High Commission South Africa.
Zesco United ended their losing run away in Angola today, November 30 when they drew with hosts Premiero de Agosto in their opening Group A match of the 2019/20 CAF Champions League.
But Zesco rallied in Luanda to snatch their first points following two successive defeats on previous visits to Angola.
Cristovao Paciencia put Agosto in the 9th minute when he tapped in a cross from Manuel Afonso.
But the equalizer didn’t take long come, and six minutes later, Clement Mwape redeemed himself for his defensive error that led to Agosto’s goal.
Mwape turned in Thabani Kamusoko’s corner to see the sides share the spoils.
Zesco and Agosto are tied in second place on 1 point, two points behind leaders TP Mazembe.
Mazembe crushed fellow five-time champions Zamalek of Egypt 3-0 in Lubumbashi in their Saturday clash.
Zesco return to Group A action this Saturday, December 7 when they host Mazembe in Ndola while Agosto will be in Cairo to face a bruised Zamalek that same date.
The status quo in the top five of the 2019/20 FAZ Super Division was maintained on Saturday following a litany of draws in that bracket of Week 13 fixtures.
The big one was at Nkana Stadium in Kitwe where 2019 runners-up Green Eagles visited the record 12-time champions Nkana .
That matches ended 0-0 in which Nkana threw everything at a stubborn ultra-defensive Eagles.
Midfielder Kelvin Mubanga thought he had clinched the winner with a fine stoppage time voley from point-blank-range but it was equalled by a superb saveby Sebastian Mwange who had replaced Kenneth Mwaanga in the 43rdminute due to injury.
It was the second successive scoreless draw Eagles had collected after they ended leaders and defending champions Zesco United’s 100 percent start to the season when they halted the latters’ nine-game winning start to the campaign on November 23 away in Ndola.
Nkana stay 4th on 21 points while Eagles are 6th on 16 points from eleven and nine matches played respectively.
Green Buffaloes stay 5th on 19 points after playing their Week 13 date against Zanaco on November 20 that finished 1-1.
In Mazabuka, second placed Napsa Stars escaped with a draw following a 1-1 result against Nakambala Leopards.
Elias Maguli scored his fifth goal of the season when he gave Nakambala 1-0 halftime lead in the 5th minute.
It took an 85th minute penalty converted by Bornwell Mwape for Napsa to leave the Sugar capital with a point.
Napsa’s draw sees them fail to move within a point of Zesco who are away on CAF Champions League duty in Angola on 25 and 28 points respectively.
Nakambala stay third from bottom on 8 points from eleven matches played.
Arrows are third on 24 points following a 1-1 away draw at last placed Kabwe Youth Soccer Academy who collected their second successive draw to amass 7 points from thirteen matches played.
The Constitutional Court of Zambia has dismissed the petition by the Law Association of Zambia (LAZ) and Chapter One Foundation running by former LAZ President Linda Kasonde for being prematurely before the Court and lack of merit.
Judge Mulembe delivered the majority Judgment of 6 Constitutional Court Judges which tossed out the petition while Judge Munalula delivered her minority views in favour of the petition.
Judge Mulembe said the Constitutional Court has no jurisdiction to hear a matter concerning a Bill which is a proposal or an intention to amend the law, endorsing the earlier decision of the Court of Appeal in the 1972 case of Nkumbula versus the Attorney General in which the Court stated that “it would be premature to come to Court before the Bill had been given its third reading.”
Judge Mulembe made clear the Court has powers to declare any provision of the law as unconstitutional and referred to the case of Godfrey Malembeka versus Attorney General in which the Court declared Sections 9(1)(e) and 47 of the Electoral Process Act as unconstitutional, null and void thereby allowing prisoners to vote in future elections.
The Court also referred to another case of Webby Mulubusha versus Attorney-General which declared the provisions of Sections 4, 6 and 7 of the Chiefs Act were declared null and void for being inconsistent with Article 165 of the Constitution.
On the question as to whether the Court has power to declare any provision of the Constitution as unconstitutional, the Court stood by the recent judgment delivered by the full bench in the case of Godfrey Miyanda versus the Attorney General in which it stated:
“While we recognise the possibility of this [Constitutional] Court to question the constitutionality of a constitutional amendment from the procedural standpoint, under the present constitutional framework, the Court cannot determine the constitutionality of an amendment based on the substantive considerations. An amendment become of the Constitution itself upon its passing.”
The Constitutional Court has also disagreed with the submissions by Chapter One Executive Director who is also lawyer of the organisation that the Constitution of Zambia has a basic structure which cannot be altered by Parliament.
The Attorney General had submitted that the question of the basic structure doctrine was already settled by the decision of the Constitutional Court in the Godfrey Miyanda as well as the Supreme Court case of Zambia Democracy Congress versus the Attorney General in which the Supreme Court held that the argument on the basic structure only exist in theory as Parliament has power to amend any parts of the Constitution provided procedure has been followed.
The Law Association of Zambia had told the Court that it was not challenging the content of the Constitution of Zambia Amendment Bill No. 10 but was merely challenging the decision by the President to initiate the Bill in accordance with the powers conferred on him by Article 92 of the Constitution. LAZ also challenged the signing of the Bill by the Attorney General for tabling in Parliament and the decision by the Parliament to perform its legislative functions of publishing the Bill and considering its enactment.
