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Establish a Task Force to Work on the Constitution

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National Constitutional Conference chairperson Chifumu Banda and his deputy Russell Mulele, on the left, during the launch of the draft constitution in Lusaka.

By Henry Kyambalesa

Over the years, the people’s call for a Republican constitution that is expected to stand the test of time has been loud and clear. Unfortunately, we have wasted a good portion of our country’s meager resources on financing the Chona Constitution Commission, the Mvunga Constitution Review Commission, the Mwanakatwe Constitution Review Commission, and the Mung’omba Constitutional Review Commission without coming up with such a constitution.

We are now grappling with the draft constitution recently tendered by the National Constitutional Conference (NCC), which is apparently laden with Articles and Clauses that are partisan, short-term and discriminatory in nature. It has too many contentious issues, errors and inconsistencies, which are predictably going to elicit nationwide demonstrations and potentially culminate in losses of property and human life if the authorities attempt to push it through by hook and crook.

I, therefore, wish to urge President Rupiah Banda to appoint an ad hoc task force consisting of at most 30 citizens who do not currently hold leadership positions in non-governmental organizations (NGOs), political parties, religious institutions, the labor movement, the legislature, the executive, the judiciary, the civil service, and the House of Chiefs.

The terms of reference for the task force should be to identify and examine contentious issues, errors and inconsistencies in: (a) the 1996 Republican constitution; and (b) the draft constitutions of the Chona Constitution Commission, the Mvunga Constitution Review Commission, the Mwanakatwe Constitution Review Commission, the Mung’omba Constitutional Review Commission, and the National Constitutional Conference.

Moreover, the task force should be required to prepare a draft constitution based on its findings. It could be given 1 year to complete its work, and its output could thereafter be tabled for comments by the citizenry.

We can hold the forthcoming tripartite elections under the 1996 constitution in its current form. It would not be prudent to push through a controversial and potentially divisive constitution just because we have spent unprecedented amounts of public resources on it. I believe it is much more important for the output of the constitution-making process to be widely acceptable.

It is shameful that after nearly 46 years of political independence, we have failed to give ourselves an acceptable constitution. Is there something that is innately deficient in us? How can personal, partisan and short-term interests inhibit us from working together to craft a constitution that will stand the test of time?

Brave Nchanga Stay Top, Nkana Win Again

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Nchanga Rangers opened up a four-point lead at the top of the Faz Super Division table today while Nkana won for a second successive time under new coach Linos Makwaza.

Rangers beat City of Lusaka 2-0 at Nchanga Stadium in Chingola to move from 35 to 38 points, four more than Zesco United who were not in action today because they have more than five players away on senior and junior national team duty.

Bruce Mwape’s side have all of a sudden found themselves in a position to give serious thought to a shot at the Super Division title that they have not won since 1998.

Rangers meanwhile, secured their win thanks to a brace from their prolific striker Chileshe Kabwe who now shifts into second place on the top scorers chart this season with seven goals.

Kabwe was on target in the 30th and 75t minutes of the match.
And in Kitwe, Makwaza’s rebound after a shock start to his tenure a week ago continued when Nkana beat Roan United 1-0 at Wusakile stadium in Kitwe today.

Victor Mwansa scored his second successive goal after also finding the target in Nkana’s 2-1 home on August 4 at the same venue.

Elsewhere, Zanaco sunk Lusaka Dynamos 2-1 away at Queensmead this afternoon to leave the latter deep in the mire of the relegation zone in 15th place.

Defender Charles Siyingwa put Zanaco ahead in the 46th minute but Dynamos equalized three minutes after the hour-mark through Jeff Banda.

Midfielder Henry Banda secured the three points for Zanaco with a goal in the 79th minute.

And Forest Rangers crawled out of the relegation zone for the first time this season when they beat Konkola Blades 2-0 after picking up their fourth win under Hector Chilombo this season.

Nasha Kaya scored Forest first goal in the 22 minute and the hosts stretched their lead six minutes later courtesy of an own-goal from Konkola Blades defender Roberto Kabeya.

Faz Super Division results

Week 20

07/08/2010

Forest Rangers 2- Konkola Blades 0

Nkana 1-Roan United 0

Nchanga Rangers 2-City of Lusaka 0

Green Buffaloes 1-Choma Eagles 1

Lusaka Dynamos 1-Zanaco 2

Postponed:
Red Arrows -Nkwazi
Kabwe Warriors-Zesco United
National Assembly-Power Dynamos

[standings league_id=15 template=extend logo=false]

Mweene Set to Join Zambia On Sunday

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Goalkeeper Kennedy Mweene of Free State Stars in South Africa will join the Zambia team on Sunday in Lusaka ahead of Wednesday friendly against Uganda.

Mweene is one of 12 foreign based players called up for the Uganda friendly in what will be new coach Dario Bonetti’s first official game in charge.

Zambia are expected to leave for Uganda on Monday for the friendly match to be played in Kampala.

Mweene said from Johannesburg Saturday afternoon that he was looking forward to meeting Bonetti.

Mweene said he will land in Lusaka early on Sunday evening after taking care of a club commitment that same day in Johannesburg.

“We have a pre-season friendly game against Golden Arrows in Johannesburg at around 11 and will later be released to join the team in Lusaka,” Mweene said.

This will be Mweene’s first match back in a Zambia jersey since the Africa Cup of Nations in January where the team reached the quarterfinals.

Sata’s minder caged

A Lusaka magistrate’s court yesterday sentenced Patriotic Front (PF) president Michael Sata’s bodyguard, Judge Ngoma to three years imprisonment on two counts of assault.

Senior Resident Magistrate David Simusamba jailed Ngoma to three years on each count but the sentences would run concurrently.

In count one, Ngoma 42, of plot 21/15 of Balastone Park in Lusaka on June 5 2009 jointly and whilst acting together with others unknown assaulted Mubanga Chileshe thereby occasioning him bodily harm.

In count two, Ngoma on the same date jointly and whilst acting together with other persons unknown assaulted Samson Zulu thereby occasioning him actual bodily harm.

Passing judgment Mr Simusamba said Ngoma’s action amounted to political violence that was slowly gaining ground in the country.
[pullquote]“There is need to deter people especially the youths from engaging themselves in political violence,” he said.[/pullquote]
He said there was need to curb political violence because it was dangerous to a young democratic country like Zambia.

“There is need to deter people especially the youths from engaging themselves in political violence,” he said.

In mitigation through his lawyer Chola Chama, Ngoma said that sending him to jail would not help him reform.

He asked the court to give him a non-custodial sentence to help him reform because the law provided for alternative punishment such as suspended sentence.

The same court earlier convicted Ngoma on both charges on Tuesday.
[ Times of Zambia ]

Contravesial ACC act wont be removed, Kunda

Vice president George Kunda

Vice PRESIDENT George Kunda says government is not getting rid of the abuse of office offence but could not guarantee whether the offence will be contained in the revised Anti Corruption Commission Act.

Mr Kunda told Parliament yesterday that the abuse of office offence also exists in the Penal Code and that government wants to avoid the duplication of offences as it reforms the law.

He said government wants to re-align the law so that it makes sense by avoid duplication.

Mr Kunda said abuse of office would continue to be an offence in Zambia’s statute books, but that the offence will be contained is government’s pre-rogative.

He explained that there is need to update the laws so that they are consistent with the country’s constitution so that even accused persons can receive justice.

The vice president said government wants laws which are in accordance with principles of justice and acceptable to Commonwealth standards.

Government has come under heavy criticism from various stakeholders over its intentions to remove the abuse of office offence from the Anti Corruption Commission ACC Act.
[ QFM ]

Govt recognizes Senior Chief Mununga

Government has recognized the election of senior chief Mununga of the Shile area of Chienge district in Luapula province.

President Rupiah Banda announced yesterday in Chienge that he has signed the recognition of senior chief Mununga, after the courts disposed of his case in which his election was disputed.

The President was in Chienge to officiate at the Bwilile ceremony of the Bwile people of senior chief Puta’s area.
Mr. Banda said government knows that chieftainship has become a source of conflict in the country because there are people who claim the chieftainship which is not theirs.

He said if government had been slow in recognizing senior chief Mununga it was due to consultation process involved so that it could not make a mistake in its final decision.

The President promised that government would also attend to other problems raised by senior chief Puta concerning chiefs in the due course.

He said to address these issues government was going to do things properly according to the system that is in place.

Earlier senior chief Puta appealed to President Banda to prevail so that government would restore and recognize the chieftainship of four traditional rulers in his area.

The senior chief said four of his subordinate chiefs lost their recognition in 1953 due to individual inabilities.
He named the affected chiefs as Kalembwe, Chikwame, Chipungu and Mwabu.

He said the recognition of the four chiefs is important to Chienge area as to will easy his burden discharging traditional responsibilities single handed involving a large area.
[ ZANIS ]

ZNUT expresses concern over DEDAC system

Zambia National Union of Teachers (ZNUT) has expressed concern over the problems that have arisen because of the Direct Electronic Debit Account (DEDAC) system in the ministry of education.

ZNUT, Deputy National Secretary Catherine Chinunda said during a press briefing in Chipata that a number of teachers have so far experienced unnecessary deductions from salaries while others have gone for two months without salaries.

Mrs. Chinunda urged government to quickly address the situation saying it could affect the performance of teachers if left unattended.

“The teachers are being de-motivated as a result their performance may be poor and this could also affect the examination results among pupils in the country,’ she said.

Mrs. Chinunda disclosed that ZNUT is currently going round the country to determine the number of teachers that have been affected with the new payment system.
[ ZANIS ]

Mpombo Convicted

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Kafulafuta MP George Mpombo making frantic calls to win back his freedom from a jail in Ndola after he was jailed for bouncing a cheque
THE Ndola Magistrates Court has convicted former Defence Minister George Mpombo on one account of dishonoring a cheque amounting to K10 million.
Ndola Chief Resident Magistrate Kelvin Limbani convicted Mr Mpombo in a case which came up for judgment.

Facts of the offence are that on December 18, 2009, Mpombo, with intent to defraud, issued a K10 million cheque to Colwyn Limited on an insufficiently funded account at Standard Chartered Bank.

Magistrate Limbani said the court had taken note of Mr Mpombo’s evidence that he had December 17, 2009 phoned Mr Terence Findley of Colwyn Limited and asked him not to deposit the cheque the following day since he had cash at hand.

Mr Limbani said the court was convinced that the prosecution had proved beyond reasonable doubt that a cheque was issued and dishonoured and that the account was insufficiently funded.
He said the court was further convinced that the accused was aware of his obligation of paying back the money on December 18 and the consequences of not honouring that obligation.

Mr Limbani said since the accused had organised the money in cash on December 17, 2009, he should have deposited it in the account.

“I am convinced that the accused was fully aware of his obligations and since he had cash in hand on December 17th 2009, he should have deposited it. “Therefore, I find suppositions by the accused that he had called Mr Findley on December 17th 2009 asking him not to deposit the cheque as a mere afterthought meant to conceal the fact that he willfully had intent to defraud and I, therefore, convict him,” he said.

In mitigation, defence Lawyer Bonaventure Mutale asked the court to accord Mr Mpombo leniency by giving a penalty of a fine as opposed to a custodial sentence because the complainant had suffered no loss.
“I am humbly asking the court to accord maximum leniency to the accused person by considering a penalty of a fine as opposed to imposing a custodial sentence, considering that he repaid the debt at the earliest opportunity and that the complainant has suffered no loss,’ he said.

He further said the circumstances surrounding the case did not show any aggravation.
Mr Limbani reserved sentencing on August 9, 2010 and remanded Mr Mpombo in custody. – ZANIS.

Fire guts Chipata’s Kaumbwe market


Marketeers at Chipata’s Kaumbwe market today wake up to a rude shock when they found their trading stands burnt to ashes.

About 300 stands have been burnt to ashes following an inferno which swept through the entire market last night.

A check by ZANIS found the trading stands completely burnt as the owners and on lookers looked on in disbelief.

And when interviewed, one of the marketeers , Petronela Mwale, revealed that the fire started around midnight and was believed to have been started by some unknown people.

She said that alert shop owners and Chipata Municipal Council fire bridged prevented the fire from making further damage.

Meanwhile, Kaumbwe Market Chairperson, Clement Mwelwa, revealed that last year, fire also gutted the market destroying some trading stands.

Mr. Mwelwa said that the fire that was experienced last year and that of last night both started from the same place on the eastern side of the building area.
[ ZANIS ]

Namibian Police arrest two Zambia-Namibia bus drivers

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TWO Zambian drivers who operate the long distance haulage bus, Zambia-Namibia, were arrested and detained in Katima Mulilo last week Thursday for allegedly contravening the Namibian Transport Act. A police source said Masauso Sakala and Lucky Mudenda were detained for 10 hours after traffic officers at a road block arrested them for picking up Namibian passengers on the way to and from Windhoek.
The police source also said the charges constitute a fine or imprisonment as the two contravened the permit issued under the Namibian Road Traffic and Transport Act.
“They were taken in after countless warnings on several occasions to stop picking up Namibian passengers,” said the source.
Sakala and Mudenda, who were charged for carbortage, are out on bail of N$5,000 each and the case was postponed to 17 August 2010 pending further investigations.
The Road Transportation Act, Act 74 of 1977 reads: “A person undertaking a public road transport service must have the necessary permit, operating licence or ad hoc authorisation; and be registered in terms of this Act in case of minibus taxi-type, metered taxi, bus-type and coach-type services…” the permit reads.
Some Zambia-Namibia bus conductors, who declined to be named, this week told Informanté that their transportation permit allows them to trade, that is to pick up passengers within the borders.
“There are many foreign buses trading in Namibia but they do not suffer the harassments that befall us weekly when we drive through the town. The permit does not limit us to board foreigners’ only,” they complained.
A tertiary student, Jane Malumo, who boarded the bus when the arrests were made, said the bus was trailed and stopped 20 km before Katima. She said the officers demanded all Namibian passengers jump out and luggage thoroughly checked adding that they were subjected to victimisation and harassment.
“This bus is always searched at the borders and in town every time they drive through. Chaos broke out when the police came and demanded that Namibian passengers dock out of the bus,” she said.
A local mini-bus operator, who declined to be named, said the Zambian Bus is allegedly causing mayhem at the town as they get local customers that they should be transporting to Windhoek.
“The Zambian bus is not profiting us local operators in anyway. The bus boards both foreign and local passengers depriving us of making a living too,” said the operator.

[www.informante.web.na]

Kafulafuta MP George Mpombo jail Pictures

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Kafulafuta MP George Mpombo making frantic calls to win back his freedom from a jail in Ndola after he was jailed for bouncing a cheque
Kafulafuta MP George Mpombo in his jail cell in Ndola after he was jailed for bouncing a cheque

Citizens urged to look out for measles symptoms

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THE general public in Eastern Province has been urged to be on a look out for measles symptoms in unsuspecting patients.

Provincial Medical Officer, Dr. Kennedy Malama, said people should be on alert to identify measles whilst in its early stage and ensure treatment is done.

Dr. Malama was speaking during the Provincial Epidemic Preparedness Committee meeting held at Luangwa House in Chipata today.

He said the symptoms of measles were fever, skin rush with reddish soars and soar eyes, adding that, immediately people saw the symptoms, they should seek medical attention from health institutions.

Dr. Malama noted that if the disease was not treated quickly, it affected the brain, lungs and intestines, saying it may eventually lead to death.

‘’ The symptoms should be known so that people do not delay in seeking medical attention. The rush with reddish soars starts from the back of the neck and spreads to the face and later the disease goes to the brain, the lungs and intestines,’’ he said.

Dr. Malama also cautioned people not to be using herbal medicines to treat measles, adding that, some herbs were very strong and they damaged vital organs in human bodies such as kidneys, resulting in death.

He was responding to the concerns raised by Eastern Province Permanent Secretary, Eularia Syamujaye, who said some people especially in villages were still using traditional way of treating measles where mothers secluded the sick children by taking them to the bush and gave them treatment.

‘’ There is need for all to take children to health centers unlike using herbal medicine which may be strong and damage vital organs like kidneys and may also lead to death,’’ Dr. Malama said.

He said measles was with the people of the province and there was need to give the disease all the attention it deserved.

The Doctor said he was proud that the province reached at least 95 percent of the target but there was still more to be done.

He observed that the region recorded 1, 025 cases of measles and there was need to reach out to remote places to immunize children with the support from district leaders.

Meanwhile, Director of Public Health and Research at Ministry of Health, Dr. Victor Mukonka, commended the Provincial Epidemic Preparedness Committee for responding quickly to epidemics.

Dr. Mukonka said the province reacted very quickly and contained the situation in a shortest time.

He however said the province still had a problem with measles which he said was a preventable disease, saying, through immunization, the battle could be won.

Dr. Mukonka said there should be routine immunization and leaders at various levels should help mobilize communities to end the problem.

‘’ For many years we have not seen cases of measles and new cases mean that children have not been vaccinated for a long time,’’ he said.

ZANIS

PF suspends its Bwacha Constituency Chairperson in Kabwe

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The Patriotic Front (PF) in Kabwe has suspended the party’s Bwacha Constituency Chairperson Saidi Chibwana for various reasons.

The action taken by the opposition party has angered several members who expressed displeasure, adding that better means of resolving whatever problems arose, should have been applied, rather than suspending Mr. Chibwana.

In an interview with ZANIS today, Mackdonald Phiri, a resident of Makululu, expressed disappointment with the decision arrived at by the Central Province PF Executive Committee to suspend Mr. Chibwana for unknown reasons.

Another Kabwe resident, Priscilla Chibwe of Chimanimani Compound said the suspension of Mr. Chibwana would weaken the strength of the PF in Bwacha Constituency, as the suspended official had established a strong foundation for the opposition party in the area.

[pullquote] The letter further accused Mr. Chibwana of forming parallel structures called PF ‘B’ with a view of consolidating his position, for him to contest as an independent if not adopted by the Patriotic Front to contest during next year’s presidential and general elections.[/pullquote]

The other information reaching ZANIS in Kabwe was that more PF Bwacha Constituency Committee members have been suspended from the party.

The suspension letter addressed to Mr.Chibwana, gave him 7 days within which to exculpate himself against four reasons which served as the basis for his suspension.

Mr. Chibwana who also is Ngungu Ward Councilor, was alleged to have been corrupting Ward officials to win their support.

The letter further accused Mr. Chibwana of forming parallel structures called PF ‘B’ with a view of consolidating his position, for him to contest as an independent if not adopted by the Patriotic Front to contest during next year’s presidential and general elections.

When contacted for a comment, Mr. Chibwana confirmed having received the suspension letter, without saying much.

He however, urged his supporters to remain calm and desist from any form of violence, as his superiors were dealing with the matter.

ENDS/KC/PK/ZANIS

Luapula ideal for economic development – RB

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FLASHBACK: Participants of the Luapula province consultative meeting going to resume proceedings after a break

President Rupiah Banda says Luapula province is an ideal area for economic development.

And the President has reiterated government’s commitment to evenly take development to all parts of the country.

Mr. Banda says his administration was committed and determined to put logistics in place to ensure that development activities take place in the entire country.

The President said this today when he officiated at Bwilile ceremony of the Bwile people in Chienge district of senior chief Puta in Luapula Province.

“This is a wonderful province that has got many resources. You have minerals, water and land required for economic development and what is remaining is for government to make it possible for the area to develop,” President Banda said.

He said government is determined to support various development in the natural resource rich province which apart from a good rainfall pattern also has vast mineral deposits, aqua by-products like fish and game, among others.

The President said his administration was going to ensure the road infrastructure in the province is improved as one of the priorities to kick start required economic development.

Mr. Banda also said government will continue to invest in the education sector as a foundation of enhancing development in the country.

He told senior chief Puta and his subjects that the Zambia would develop if her citizens were not educated and properly trained.

He reiterated his administration’s commitment to investment in education evidenced by the ongoing nationwide construction of more schools, teachers and medical staff training programmes, among others.

“You cannot develop if people are not properly educated and trained,” President Banda said.

President Banda also cited the need for adequate health facilities as another priority area for development, saying only a health population can effectively work hard to develop the country.

He mentioned that the country will therefore require hospitals with adequate medicines and trained health personnel.

He said government was going to deliver on its development commitments it has outlined by properly planning the distribution of resources equally among the people of the country.

And senior chief Puta has appealed to government to build boarding facilities at Ponde high school where girls and boys are currently renting houses in the nearby villages.

The traditional leader who spoke through the Bwilile Traditional Committee chairman Denson Chishimba said that the situation of pupils renting houses is retrogressive to the pupils, especially girls.

He said since teachers have no control on the pupils, they are engaging in early sexual encounters.

He urged government to consider building boarding facilities at Ponde because the government vision for advancing the girl child education cannot be realized with the current situation.

Chief Puta has appealed to government to increase fertilizer allocated to the area because the inputs given to the district does not meet the demand.

He further appealed to government to also upgrade a Chienge police post into a police station so that it can be provided the capacity required to deal with crime challenges the area is facing due to population growth.

He said the area also requires a magistrate court, instead of taking the cases to Nchelenge which was making most cases to be discharged as witnesses failed to travel in some instances.

Meanwhile President Rupiah Banda has also thanked the people of Chienge district for being consistent in their support of the MMD government to move forward for economic development by voting for the MP from the party.

The President said MMD as a party will always be grateful for this support that the people of Chienge have shown.

ZANIS

RB formally concedes defeat

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MMD cadres greeting President Rupiah Banda

President Rupiah Banda says he has accepted the outcome of the two parliamentary by-elections held yesterday in Chifubu and Luena constituencies.

The President has also congratulated Patriotic Front (PF) winning candidate in Chifubu Susan Kawandami and Charles Milupi who won in Luena.

The President said in Chienge today that though the MMD lost the two parliamentary by-elections, the ruling was still happy that it has taken all but two of the nine local government by-elections held across the country.

He said the ruling party accepts the results because that is the democracy that the MMD government is promoting to allow people top choose the leaders they want.

He said PF has returned its own seat through its candidate Susan Kawandami in Chifubu while the former independent MP for Luena Charles Milupi had returned his seat under the Alliance for Democracy and Development (ADD) that he recently formed.

He wished the two winning MPs well as they start their work in parliament.

The President also said he was happy that the MMD has reduced the losing margin in both constituencies.

He said in 2006 the MMD lost Chifubu seat by 10,000 margin but it reduced that to only 2,000 in yesterday day’s poll.

He said in Luena the ruling party had lost with a huge margin in the previous election but it only lost by 300 votes this time around.

Mr Banda said the ruling party is happy that it is making progress in gaining support in constituencies that were strongholds of the opposition.

He charged that the reduced margins have made the opposition to know that the MMD is a strong party.

ZANIS