Speaker of the National Assembly Amusa Mwanamwambwa today seriously reprimanded Nkana Patriotic Front  (PF) Member of Parliament Mwenya Musenge for breaching parliamentary etiquette and privileges through his unparliamentary behavior at the National Assembly Motel in January this year.

The Speaker has also severely warned Members of Parliament to desist from using
riddles, innuendoes and insinuations during debates in the house as they risk being
misunderstood.

Mr. Mwenya’s admonishment by the speaker follows a report by the committee on
privileges and absences for threatening violence on Namwala Member of Parliament
Robby Chizyuka on January 18, this year.

Mr. Mwenya allegedly physically assorted Major Chizyuka and poured a glass of
alcohol on him at the National Assembly Motel on the material day after accusing him
of calling Patriotic Front leader Micheal Sata a ‘Dog and that Mr. Sata was a ‘mad
person’.

In his ruling, Mr. Mwanawmwambwa said he had noted with dismay the unparlamentary
behaviour by some Members of Parliament of who willfully contravene rules during
debates in the house.

He said Mr. Mwenya’s conduct within parliamentary precinct falls far below the
minimum standard  of behavior of an elected Member of Parliament.

He said threatening violence on a fellow MP within the precincts of parliament is an
offence punishable by the House.

“Section 3 of the powers and privileges Act CAP 12 of the laws of Zambia states that
there shall be freedom of speech and that this shall not be liable to be questioned
outside the National Assemble,” he said.

The Speaker told the House that freedom of speech enables MPs to debate freely and
that no Member of Parliament is to question from outside parliament a fellow MP on
what transpired on the floor of the House.

He said therefore Mr. Mwenya, as a leader is expected to be tolerant and exercise
self control because his conduct when under provocation will not be easily
differentiated from an MP to that of an ordinary person.

He said he had decided to be lenient on the defaulting MP because of the
recommendation of the committee that he be admonished because at the time of the
parliamentary breach, the MP was new and had not fully acquainted himself to rules
of the House.

Mr. Mwanamwambwa however seriously warned the PF MP that a repeat of any
parliamentary breach will attract a severe penalty.

He said debates by MPs should  be issue-based instead of engaging personalities
outside parliament who cannot defend themselves.

He said during debates on the floor of the House, MPs should be factual, clear and
precise in order to avoid being misunderstood.

In his response to the exculpatory letter issued by the Clerk of the National
Assembly over his conduct, Mr. Mwenya admitted having breached parliamentary rules
by pouring a glass of wine on Major Chizyuka.

President Mwanawasa says he has no intentions of dismissing Ministers of Legal Affairs, George Kunda, and Information and Broadcasting, Mike Mulongoti, from government.

President Mwanawasa desribed as malicious, calls from some sections of civil society
for the dismissal of thre two ministers adding that his administration has alot of
confidence in the two ministers.

Mr. Mwanawasa assured the the nation that the Mr. Kunda and Mr. Mulongoti would
maintain their portifolios in government they were hard working.

The president addressed scores of Ndola residents who gathered to welcome him at
Ndola International Airport this morning.

The president also said the national constitutional conference Bill would go ahead
in the interest of enhancing democracy in the process of enacting the new
Constitution.

Mr. Mwanawasa commended opposition political parties, the civil society and Zambians
for helping sustaing order and peace during the just ended Southern African
Development Community, SADC, ordinary Summit held in Lusaka.

And President Mwanawasa has instructed MMD Provincial Chairman, Terence Findlay, to
compile a list of primary schools that were still asking pupils to pay user fees,
despite government having implemented the free education policy at primary level.

This followed a concern raised by Mr. Findlay over complaints from parents claiming
that they were being asked to pay school fees despite government having scrapped off
user fees.

Mr. Mwanawasa, however, advised that if the fees being charged were Parent Teachers
Association, then there was no need to complain as such is not channeled to
government coffers.

Earlier, Copperbelt Deputy Minister, Mwansa Mbulakulima, in his welcome address
congratulated Mr. Mwanawasa on his assumption of the SADC chairmanship.

ZANIS
 

The Oasis Forum in Northern Province has called for an immediate withdrawal of the National Constitution Conference Bill which is currently under debate in Parliament if the country is to come up with a people-driven constitution.

The Oasis Forum made the call in Kasama over the weekend during the launch of the
Red Ribbon Campaign held at Ludo Lodge.

Council of Churches in Zambia (CCZ) Provincial Chairman, Reverend Patrick Mwanza,
said withdrawing the bill would be the best way to accommodate other citizens in the
constitution making process.

Rev. Mwanza observed that the current constitution making process appears to be
difficult for Zambians, adding that it is unfair to people who submitted to the
Mungomba Constitution who want the constitution to be adopted through the
constituent assembly.

He said people want the constitution to be adopted through constituent assembly
which was more representative and non manipulative unlike the NCC.

And another discussant, Robert Bwalya, wondered why Zambia Centre for Inter Party
Dialogue (ZCID had sidelined non governmental organisations and the church in its
deliberations on the constitution.

He said it was sad that the ruling party and some opposition parties were now
advising the church to concentrate on religious matters instead of discussing the
constitution.

Mr. Bwalya explained that the church was there to represent the majority of the
people and always intervene whenever stakeholders failed to reach consensus.

Chief Government Spokesperson, Mike Mulongoti, has dismissed First Republican President Kenneth Kaunda’s assertion that there is a stand-off  between government and the civil society over the ongoing Constitution making process.

“Government will take this opportunity to tell the former president that that it is
not true that there is a stand off between government and the civil society over the
process in which the majority wants a National Constitutional Conference to adopt
the new Constitution,” read part of Mr. Mulongoti said.

Mr. Mulongoti has since informed Dr. Kaunda that the process, which saw the
establishment of a National Constitutional Conference, is supported by most civil
society organisations and majority Zambians.

Mr. Mulongoti, who is also information and broadcasting services minister, told
ZANIS in a statement that government is ready to meet Dr. Kaunda with the view of
getting his opinion on the ongoing constitution making process debate and help him
understand the process that led to establishment of the national constitution
conference Bill, which is currently in Parliament.

“Government is ready to meet Dr. Kennth Kaunda, former republican president, to hear
his views on the ongoing debate on the Constitution making process in the country
and help him understand the process that led to the national constitutional
conference Bill now in Parliament,” Mr. Mulongoti said

He, however, explained that the process of establishing national constitutional
conference is a consequency of dialogue involving government and other stakeholders.

He added that the outcome was a compromise between a Constituent Assembly, with
legally binding powers as proposed by  the Constitution Review Commission, CRC, and
the publication of government White paper under the Inquiries Act.

He named the Citizen’s Forum, Foundation for Democratic Process (FODEP), Evangelical
Fellowship of Zambia (EFZ) Council of Churches in Zambia (CCF), Oasis Forum, the Law
Association of Zambia (LAZ), Transparency International Zambia (TIZ) and the Zambia
Episcopal Conference (ZEP) as having made submittions to the Parliamentary Committee
on Lega Affairs over the process.

“It can not be true therefore, that there is a stand-off when many civil societies
have come forward to submit to the parlkiamentary committee on legal affairs. These
include the Citisens Forum, Foundation for Democratic Process, Evangelical
Fellowship of Zambia, Council of Churches in Zambia, Oasis Forum, The Law
Association of Zambia, Transparency International Zambia, Zambia Episcopal
Conference and Saccord,” He said.

He said the Bill can not therefore be withdrawn, to appease a few individuals
opposed to the process.

“Many consultations have been taken place resulting in the ZCID roadmap and the
submissions to the parliamentary committee opn legal affairs. The Bill can not,
therefore, be withdrawn to appease a few people who wish to things to go their way
and so precipitate a stand-off,” Mr. Mulongoti added.

The Forum for Democracy and Development (FDD) has urged Government to increase funding to the Auditor General’s Office to enable it to effectively scrutinise the use of public funds.

FDD vice-president, Chifumu Banda, said Government should allocate and timely disburse enough financial resources to the Office of the Auditor General to ensure it conducted thorough audits on public funds.

“The reason why law enforcement agencies sometimes do not take action on most cases raised in the auditor general’s report is that the auditors there do not do a thorough job before concluding their findings,” he said.

Mr Banda, who is also Chasefu member of Parliament, said the Auditor General’s cases sometimes ended up at the Director of Public Prosecution chambers because of insufficient evidence against suspects.

He alleged that sometimes the findings were sensational and did not warrant prosecution.

Mr Banda was commenting on recent complaints by Auditor General, Anna Chifungula, that law enforcement agencies were delaying in taking action against suspects cited in her reports.

He also dismissed suggestions that the Auditor General’s office should be given powers to prosecute public officers found wanting.

“There must be division of labour.

The job of officers at the Auditor General’s office is to scrutinise how public funds are used, and if there are cases warranting prosecution, let them recommend to law enforcement agencies.

“Let them be empowered and given more resources so that they do a thorough job if their cases have to be prosecutable,” he said.

The Auditor General’s reports have been revealing misappropriation of public funds in huge amounts.

However, little action has been taken against individuals and institutions mentioned in the findings.

Minister of Justice, George Kunda, says proposed measures in the private Judicial Code of Conduct (Amendment) Bill are unprecedented in the entire Commonwealth and are a serious threat to the independence of the judiciary.

This is according to the report of the Committee on Delegated Legislation tabled in Parliament last week.

Mr Kunda said in his submissions to a private member’s bill sponsored by Kabwata member of Parliament, Given Lubinda.

“This Bill is the only one of its kind in the Commonwealth.

The proposed amendments in relation to officers in the judiciary could be easily manipulated and used to scandalise judicial officers whose private and personal affairs would be exposed in the public domain.

With this kind of possible abuse, the judiciary as an institution can be destroyed,” Mr Kunda said.

The bill seeks to compel judicial officers (Supreme Court and High Court Judges, Industrial Relations Court chairpersons, Magistrates, and Local Court justices, etc.) to declare income, assets and liabilities annually with the Judicial Complaints Authority.

The bill, which also seeks to criminalise failure to file such declarations and filing false or misleading declarations, was however deferred last week alongside the Anti-Corruption Commission (ACC) Amendment Bill after Parliament granted Mr Lubinda leave to defer the bills

Mr Kunda argued that the proposed amendments in relation to the judiciary negated the whole idea of the independence of the judiciary, tenure and security of office, and did not exist anywhere in the democratic world.

“With regard to judges, the intended amendment is unconstitutional for attempting to provide a backdoor amendment to the constitution by inclusion of an additional ground on which a judge may be removed from office, thereby posing a great risk to the security of tenure.

“Judges are not politicians, nor are they elected and are not allowed to issue press statements by virtue of their Code of Conduct.

Thus, judges will be prejudiced and their rights violated when attacked as a result of the public disclosure of their incomes, assets and liabilities as they will not respond to such attacks in public,” he said.

Mr Kunda said a heavy burden would be placed on judicial officers regarding the valuation of their assets, as they would be required to value them annually if they were to file accurate declarations in view of the criminalisation attached to filing declarations.

He said the bill was a threat to those wishing to join the Bench from the private sector where that kind of intrusion into their private affairs did not exist.

Mr Kunda said the bill was not in the interest of the nation as it was not consistent with the constitution and Judicial (Code of Conduct) Act.

“If the proposed amendments are allowed, the possibility of conflict and industrial unrest and a possible constitutional crisis can not be ruled out, as the judicial officers are strongly opposed to these amendments,” he said.

And other stakeholders opposed to the bill submitted that it was unfair, oppressive and sent out wrong signals as it singled out judicial officers from other public servants as a cadre requiring public scrutiny of their personal lives.

The stakeholders, who included Judicial Service Commission and Magistrates Association of Zambia, said the bill detracted from the concept of judicial officers and strengthened the perception that judicial officers were corrupt and should always be checked.

“The bill does not recognise that judicial officers, especially in the lower courts, have continually served under poverty and very embarrassing conditions.

The new law will only expose the embarrassing poverty of judicial officers, especially at magistrate and local court justice levels,” the submissions read in part.

Meanwhile, on the ACC Amendment Bill, Mr Kunda said Mr Lubinda did not consult the Ministry of Justice.

The bill seeks to provide for senior public officers to submit to the Chief Justice an annual declaration of assets, income and liabilities; and for the senior public officers to declare interest in a contract made or proposed to be made by Government.

Mr Kunda said the Kabwata MP was vague on the category of public officers to be affected by the amendment.

“Since the Bill is intended to cover parastatals, public institutions or corporate bodies in which Government has an interest, it is not sufficient merely to categorise such senior public officers from the rank of director and above,” he said.

Mr Kunda wondered why the amendment should leave out accountants, procurement officers and senior personnel handling financial affairs.

He also asked if the need to file declarations also intended to cover the military, intelligence, and police officers.

“Officers in these sensitive institutions should not be exposed to this kind of scrutiny if the country has to effectively maintain security, law and order.

Any intrusion into the private affairs of such officers may undermine public security,” he said.

Mr Kunda concluded that Mr Lubinda did not do sufficient research and consultations and that passing such types of bills would create problems and might be counter productive.

“The above concerns, therefore, have to be addressed by the mover (Mr Lubinda) if the Bills have to proceed any further,” he said.

 Daily-Mail

Vatican Ambassador to Zambia and Malawi Nicola Girasoli has implored the Catholic Church not to relent in its humanitarian support to the vulnerable in society.

Ambassador Girasoli said the Church is called to serve and love humanity regardless of the religious affiliations.

He said the church’s assistance should continue to spread in communities through the
provision of schools and health care.

The Ambassador was speaking at St Lawrence Catholic Church during the Cerebration of St Lawrence Feast Day.

At the Same Function,  Kabwata Parish Priest Father Oswald Mallaya said the
Community School at the church is financially constrained to fully meet its
obligations.

He said the school has to scout for K9 million monthly to pay teachers salaries who
are not on government pay roll.

Zambezi Saw Mills in Mulobezi, Western Province has been finally sold at a cost of K1.2 billion.   

The liquidator Germano Kaulung’ombe says the sale of the company to the successful bidder was not easy due to the obsolete state of machinery.

Speaking during the handover ceremony of the Zambezi Sawmills to the buyer in Mulobezi, Western Province yesterday, Mr Kaulung’ombe said it had been difficult to find an investor for the Zambezi Sawmills as the company had run down and was non-functional.

He said it had been difficult to attract a buyer for the company due to the obsolete state of machinery compounded by the fact that the nearest conventional forest was about 50 kilometres away and was in a depleted state.

Mr Kaulung’ombe further said it had been a challenge to liquidate the company as it was not linked to the national grid adding that a bulk of investment in diesel is still required.

However, Mr. Kaulung’ombe said he has successfully sold the company to successful bidders at the cost of K1.2 billion.

He expressed happiness that all terminal benefits for former employees were settled down and that dividends would be declared to Government.

Mr. Kaulung’ombe expressed hope that the revamped operations at the Zambezi Sawmills would bring economic growth among the community in Mulobezi.

And Sesheke District Commissioner Godwin Nyuwa  urged chief Inyambo Yeta and chief Moomba to iron out their differences in order to allow economic activities to run smoothly in the area.

Mr. Nyuwa condemned the disputes between the two chiefs which he said had at one time led to a breakdown of law and order.

He described Western Province as a ‘Cinderella’ province that urgently needs to develop, adding that activities that are meant to uplift livelihoods must be appreciated.

Mr Nyuwa commended the liquidator and the buyers of the company and advised the two chiefs to keep their wrangles off the operations of the company.

Meanwhile, the buyers of the company have said that operations at the newly bought company will commence soon.

Operations that will start with the assessment of existing assets, personnel, and potential employees will also assess the resuscitation of the Mulobezi Rail line

Zambezi Sawmills Board Chairman Fred Chunga disclosed that about US$ 86 million has been projected for recreation facilities such as a golf club.

Mr. Chunga said the company has projected to produce 1000 cubic metres of timber within its first 18 months of operations and produce about 5000 cubic metres of dry timber monthly.

He further said that 25% of profit generated in the area will be ploughed back into the community.

“The company is mindful of its community responsibilities and it will embark on upgrading schools, clinics, markets and create employment for local people”. Mr. Chunga said.

Mr. Chunga further said that the company will promote small scale timber production thereby generating income for the rural poor.

He said the company is also expected to venture into agriculture, wildlife, tourism and safari industries in order to fully revamp and sustain economic activities in Mulobezi.