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Garry Nkombo broke the Law-LAZ

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The Law Association of Zambia (LAZ) has said that the actions of Minister of Local Government and Rural Development, Honourable Gary Nkombo, in which he was seen ordering a woman and her children to drink the illicit traditional brew known as “kachasu” which the woman is accused of illegally brewing and selling are not only illegal but constitute a form of pre-emptive punishment against the woman, without subjecting her to the judicial process.

In a statement released to the media, LAZ said that the Minister is not an authorized officer for purposes of enforcing the provisions of the said Statute as defined under Section 2 of the Act, and as such, it was not within his mandate to purport to enforce the provisions of the Act.

LAZ has since urged

PRESS RELEASE BY THE LAW ASSOCIATION OF ZAMBIA CONDEMNING DEGRADING AND INHUMANE TREATMENT OF A WOMAN AND HER CHILDREN BY THE MINISTER OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT HONOURABLE GARY NKOMBO

The Law Association of Zambia (LAZ) is deeply concerned with the contents of a video circulating on social media depicting the Minister of Local Government and Rural Development, Honourable Gary Nkombo, MP carrying out an operation with Lusaka City Council Police officers. In the short video, the Honourable Minister is seen ordering a woman and her children to drink the illicit traditional brew known as “kachasu” which the woman is accused of illegally brewing and selling.

The Minister is heard in the video, accusing the woman of trying to “kill” other people’s children in an apparent vengeful justification for his ordering the said woman and her children to drink from a cup containing the said substance.

While LAZ does not condone any activity from any person which is contrary to the provisions of the law, LAZ expects that Government and all its officials, Ministers included, to obey the laws of the land even when dealing with citizens accused of breaking the law.

In terms of Section 34(1) of the Liquor Licensing Act No. 20 of 2011, the manufacture or production of any alcoholic drink without a licence is prohibited. Further, Section 34(2) of the same Act prescribes a fine where a person is convicted of the offence.

However, we note that the Minister is not an authorized officer for purposes of enforcing the provisions of the said Statute as defined under Section 2 of the Act, and as such, it was not within his mandate to purport to enforce the provisions of the Act.

LAZ strongly condemns the Honourable Minister’s actions, which are not only illegal, but constitute a form of pre-emptive punishment against the woman, without subjecting her to the judicial process. This is contrary to the presumption of innocence enshrined under Article 18(2) of the Constitution. Additionally, the humiliating conduct amounting to degrading treatment or punishment is expressly prohibited under Article 15 of the Bill of Rights as guaranteed by the Constitution.

It is the view of LAZ that the actions of the Honourable Minister undermines the Rule of Law and Constitutionalism in the country. We, therefore, urge government officials to desist from executing their functions in an arbitrary manner, but instead execute their official duties within the confines of the law whilst respecting rights of the citizens of this country.

Dated this 27th day of April, 2022.

________________________________
Sokwani Peter Chilembo

The President has no powers to waive any Oath of Office-Sinkamba

Green Party President Peter Sinkamba has said that in the Laws of Zambia, there is no provision which provides for the request the Director of Public Prosecution (DPP) is making to the Republican President Hakainde Hichilema to lift the Oath of Office.

In a statement posted on his social media page, Mr Sinkamba said that the Oath of office requirement is provided by Article 260 of the Constitution of Zambia 2016 and that this provision does not empower the President to waive the oath after it has been administered.

Mr Sinkamba said that the President has no powers to waive any Oath of Office, adding that a witness who appeared before JCC is protected against any punishment for testimonies they make to the commission, provided those statements are truthful.

Below is the full post

ANOTHER ILLEGAL ACT IN THE MAKING BY DPP: NOW SHE WANTS THE PRESIDENT TO DO AN ILLEGAL ACT
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I have come across a copy of the letter dated 25th April 2022, purported to have been written by the embattled Director of Public Prosecution (DPP) Lillian Siyuni to the Chairperson of the Judicial Complaints Commission (JCC).

In this letter, the DPP informed the JCC that she is unable to respond to numerous complaints against her before JCC because she is constrained by her oath of Office. She has further informed the Commission that she had written to President Hakainde Hichilema to give her authority to clear the allegations being levelled against her.

In essence, what the DPP is requesting the President is to lift the Oath of Office. The tricky part about the request the DPP has made to the President is that in the Laws of Zambia, there is no provision which provides for such a thing.

The Oath of office requirement is provided by Article 260 of the Constitution of Zambia 2016. This provision does not empower the President to waive the oath after it has been administered.

The other law that provides for taking an Oath of office is the Official Oaths Act Cap 5 of the Laws of Zambia. This Act mandated every person assuming a public office, member of the House of Chiefs, and presidential appointee, to take an Oath of Office and such other oath, as prescribed, before carrying out the duties of the office.

Section 11 of the Act provides that the President may by statutory instrument specify any office to which a person appointed, elected or nominated, shall not act or perform duties of that office unless he has taken and subscribed to the Oath of Office; require any person, before performing the duties of any other office, to take and subscribe, any oath prescribed in this Act before the official specified in the instrument.

Nowhere is it stated in the Act that the President may waive the Oath of Office after it has been administered. Therefore, if it is true that the DPP has written the President to waive the Oath of Office, then what she has done is to request the President to carry out an illegal act. For, the President has no powers to waive any Oath of Office. I will be shocked if President will fall into this shrewd trap.

As a senior lawyer, the DPP should know that every witness that appears before JCC is subjected to take an Oath to tell the truth. A witness who appeared before JCC is protected against any punishment for testimonies they make to the commission, provided those statements are truthful. In fact, the Judicial Code of Conduct Act also provides for the holding sessions in camera.

So, the DPP does not need any other protection but that which is provided for by the Judicial Code of Conduct Act. I repeat what I said earlier: instead of complicating her life further, I urge her to resign. She will be more dignified if she resigned now than be thrown out after attempts to bruise everyone along her way. This remains my humble advice to her.

‘Victimised’ Nakacinda is innocent – Kabimba

ECONOMIC Front president Wynter Kabimba has acquitted PF information and publicity chairperson Raphael Nakacinda of his offence.

Nakacinda, a former minister of the then Ministry of Water Development Sanitation and Environmental Protection, is currently detained in Solwezi for allegedly linking President Hakainde Hichilema and the people of Bweengwa in Monze west to ubututu.
He was picked up by police at his home in Kafue on Monday, April 25, 2022.

In a statement, Kabimba, a former Minister of Justice in president Michael Sata’s government, says Nakacinda is being intimidated by the police.

Kabimba added that the police intimidation of Nakacinda is not that he lied but because he expressed himself in Icibemba, a language that President Hichilema “does not competently understand.”

Kabimba has since told President Hichilema that ubututu means backwardness, ignorance or primitivity, and not stupidity or foolishness as the President said at a media conference at State House on Monday.

The opposition leader has also blamed Vice-President Mutale Nalumango, who is from the Bemba ethnicity, for not rising to defend “her native language and vocabulary.”

“Anyway, she (Vice-President Nalumango) has to keep her job at the expense of justice and victimisation of innocent citizens like Nakacinda,” said Kabimba.

Nkombo abused his power and position as a leader to victimize a vulnerable woman-Womens Lobby

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The Zambia National Women’s Lobby (ZNWL) condemns the harassment of a woman and her children by the Minister of Local Government and Rural Development Mr Gary Nkombo, during a raid on brewers of Kachasu, an illegal alcoholic brew.

In a statement released to the media by the organisation’s National Chairperson Ms Daisy Nkhata Ng’ambi, ZNWL said that Mr Nkombo abused his power and position as a leader to victimize a vulnerable woman and that this is not acceptable conduct by a leader.

ZNWL said that while it acknowledged that the brewing and sale of Kachasu are illegal and do not by any means support it as a business, they are quick to add that, they do not believe that it was necessary to humiliate the woman and others found selling the brew, especially in full view of cameras and onlookers.

Below is the full statement

ZNWL CONDEMNS THE HARASSMENT OF THE WOMAN AND HER CHILDREN BY LOCAL GOVERNMENT AND RURAL DEVELOPMENT MINISTER GARY NKOMBO

The Zambia National Women’s Lobby (ZNWL) condemns the harassment of a woman and her children by the Minister of Local Government and Rural Development Mr. Gary Nkombo, during a raid on brewers of Kachasu, an illegal alcoholic brew.
Mr. Nkombo who was in Garden Compound, forced a woman who was found brewing the highly potent Kachasu brew to consume it and further forced her children who were present to do the same. The Minister’s actions are a violation of human rights and an endangerment of the children. The Minister’s actions put the health of the children at risk by forcing them to drink the ilicit brew.

Mr. Nkombo abused his power and position as a leader to victimize a vulnerable woman and this is not acceptable conduct by a leader.

We acknowledge that the brewing and sale of Kachasu is illegal and do not by any means support it as a business. However, we do not believe that it was necessary to humiliate the woman and others found selling the brew, especially in full view of cameras and onlookers.

We believe that part of the solution to addressing the problem of the illicit brewing and sale of Kachasu should include massive sensitization of both the brewers and consumers of Kachasu, in addition to offering alternative income-generating activities. Further, offences such as the brew and sale of illicit brews are already provided for in the law and therefore proper channels must be followed in dealing with perpetrators.

We, therefore, hope that such a show of power and callousness will not happen again especially involving children, who cannot be held accountable for the offences of their parents.

Daisy Nkhata Ng’ambi
ZNWL National Chairperson

A typical Day of a Rural African Woman

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By Prince Bill M. Kaping’a Political/Social Analyst

A cock can be heard crowing in a distance. It repeats the sound insistently as if to remind the villagers their ‘honeymoon’ is over…….and now is the time to wake up and confront the new day with all of its several challenges! The woman arouses herself from bed……..well, several stacks of sticks arranged on a stand. She does so carefully……..making sure not to disturb her husband who seems to be still in contention with the dead.

As she leans to lift off the baby, she grimaces in agonizing pain……the stitches from her cesarean delivery that produced the bouncy baby haven’t quite healed. She peeps into the other hut which the rest of their kids share……they are all in there sleeping soundlessly.

With the baby safely strapped on her back, and armed with a hoe and an axe, of course, she stoops and exits the house to find her way to the field leaving her husband snoring loudly, behind. It’s still dark outside save for the shimmering moonlight. She stops at her usual spot to cut a twig that she uses to brush her teeth.

That tradition was bequeathed to them by their forefathers…….what was the point of even wasting money on toothbrushes and toothpaste when the practice kept her teeth white and free from bacteria. She didn’t even have to worry about soap like folks in the city as she’d simply have to fetch some leaves and rub them on her body before pouring water on herself and voila……all the dirt is gone!

An hour later, she’s at her mini cassava plantation. She stops to admire the work of her hands before securing the baby in the shade amongst the shrubs. The only time her husband has been to the field was once or twice to check on progress.

“The field is coming up nicely my dear wife,” he couldn’t hide his excitement, his eyes almost popping out of their sockets. “This field shall soon be the envy of everyone in the village. Well done my love!”

He had pulled her into the bush, asked her to spread her chitenge on the ground, and made love to her like never before! That steamy encounter had resulted in their 7th child in their 10-year marriage.

“My child…..keep on giving him more children and he won’t leave you for another woman,” she recalled the words of her departed mother as she got down to work.

Who knows maybe her husband wouldn’t be lured to that other woman at the other end of the village and just surprise her with another visit to admire her work. Perhaps they could sneak away from the baby and make another child like they did the last time. She must always keep her man happy. In no time, she is furiously extricating the stubborn weeds and systematically applying additional soil to the mounds. She’s put herself to work like one possessed……..only breaking off once or twice to take a sip of water.

Around midday, she’s alerted to hissing sounds in the direction of the baby. She freezes with trepidation, knowingly. She carefully lifts her feet to investigate. It’s a big one…….it’s standing knee length high with its iconic hood flared out as it slicks its tongue in and out!

Seemingly enchanted by the strange creature, the baby throws its tiny hands around as if attempting to grab it but the cobra ducks and positions itself at another angle……ready to strike!

As if on cue, the woman reaches to the ground to find an object but the serpent is fast for her! It lowers itself to the ground as swift as lightening and slithers away. Her heartbeat is palpitating spasmodically. She sweeps the baby off the ground and straps it on her back. It didn’t matter anymore whether the husband would be calling or not. She quickly gathers tubers of cassava on a chitenge along with firewood and balances the same on her head to dash back home.

All of a sudden the voice of the baby pierces her ears as it tries to free its tiny hands and throw them around in protest. She hasn’t fed that day, the mother remembers. She reaches for one of her breasts and thrusts it into its mouth but the baby spits it and cries even more! There’s no milk…….the mother has equally been starving herself. She tries the other breast……..the right one that doesn’t seem to disappoint. The baby suckles on it feverishly……..to the point of biting off her tit.

As she gets closer home, she could hear the animated voice of her husband in a heated argument with his friends……drinking mates if you like as they were obviously squatting around a calabash, as was always the norm, as they took turns sipping off the traditional beer using a single straw.

“There comes your wife Zandonda…….” one of the men observes brusquely, his voice slurred.

He staggers to help her put the load to the ground as he utters something incomprehensible.

She takes time to gather the firewood and make a fire before darting off to the river…….to wash the dishes and fetch water for household consumption as well as soak the cassava in the river. This will have to be left in the water for the next 3 days until it’s ready to be dried up before grinding it into a fine powder. She remembers to take a quick shower just in case…….

By the time she returns home, the men have long retreated to their abodes. She finds her man waiting for her in their hut which they share with their chickens, rabbits, and goats! In keeping with the instructions of her late mother, she drops her clothes to the ground and joins him in bed.

Rest assured she’s fulfilled her obligations as always the dutiful wife, she excuses herself to make them lunch. She grabs a pestle and goes ahead to pound the cassava into a powder before preparing nshima with the caterpillars she picked along the way.

Their other kids, aged between 6 and 11, are back from school or hanging out with friends in time for lunch.

They gather on a reed mat for lunch as the man takes the stool. The chicken…..which is the leftover from the previous night is reserved for the man alone. The others have to make do with the caterpillars and cassava leaves.

“That’s why I love you my wife……” the man says as he crushes a bone like a hyena. “ We can never go hungry like this……you are always working so hard and yet the other woman is always demanding money for food.”

Let’s celebrate the rural woman. This is the pain they’ve to endure day in and out without complaining.

Nkombo should have handed over the Kachasu woman to the authorities

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Ndola clergy Fr. John Emmanuel Kapambwe of the Anglican Church in Masala Township has called on the Human Rights Commission to seriously look into the matter in which Minister of Local Government Gary Nkombo forced a woman and her children to drink illicit local brew called Kachasu.

Mr Nkombo yesterday raided the townships and destroyed liters of Kachusu that were being brewed at the time and alleged that the drink was responsible for destroying many lives.

The Minister was seen in a video that has gone viral on social media forcing a girl child to drink Kachasu on camera.

Speaking in his personal capacity as a concerned citizen, Fr. Kapambwe branded Mr. Nkombo’s action as totally inhuman or barbaric.

Fr. Kapambwe said the Mazabuka Central Member of Parliament should have handed over the erring woman to law enforcement agencies as opposed to forcing her and the innocent children to drink Kachasu.

“I have seen the video that is trending on social media platforms involving Hon. Garry Nkombo, Minister of Local Government, commanding a lady and her children to drink Kachasu. This action is totally inhuman or barbaric. In the first place I acknowledge that the lady in question was wrong because the law of the land forbids the brewing and selling of Kachasu. However, the Minister handled the matter in a very unprofessional way,” Fr. Kapambwe stated.

“Firstly, the Minister Honourable Nkombo knows that people who go against the law of the land must be handed over to the right authorities to deal with matters. So he would have handed over the lady to the relevant authorities. Secondly, why force the children of the said lady to take Kachasu? I do not think the lady who sells Kachasu forces the children in the community to buy Kachasu, they buy willingly. Then abusing the children for the sin of the mother was totally wrong,” he said.

”The law of the land forbids substance abuse and the minister is busy facilitating the abuse by forcing the lady and the children in question to drink Kachasu in the name of discipline or enforcing the Law. The intention might have been good but the approach was absolutely inhuman. I condemn it in the strongest possible terms. I therefore; call upon the Human Rights Commission to look into the matter. The community does not expect such unprofessional behavior from the Minister who is supposed to lead by example to others,” Fr. Kapambwe added.

Mobile phone operators advised to be alert against criminal elements

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Kabwe Mayor, Patrick Chishala, has advised mobile money booth operators to be on high alert against criminal elements.

Mr Chishala says it’s unfortunate that young entrepreneurs especially females earning a living from mobile money booths are the centre of abductions that occurring in some parts of the country.

ZANIS reports Mr Chishala said in an interview in Kabwe today, that the reported abductions of booth operators in Lusaka in the recent past should not be treated as isolated.

“ Mobile money booth operators must be very alert and report any suspicious patronage at their sites to the police and other relevant authorities, “ said the mayor.

He further observed that because of proximity from Lusaka, criminals could easily relocate to Kabwe and attack unsuspecting booth operators.

Mr Chishala has also urged the police in the municipality to increase patrols around the booths, the Central Business District (CBD) and communities to curb crime.

In the recent past , the country has witnessed a number of kidnaps among mobile phone operators such as 22 year old Pamela Chisupa an Airtel Booth operator who has disappeared for almost two weeks.

Inspector-General of Police, Lemmy Kajoba says his officers have launched investigations into the disappearance of Chisupa.

Mr Kajoba said the police are probing the whereabouts and circumstances surrounding Pamela Chisupa’s disappearance on April 13, 2022 in Lusaka.

President Hichilema lacks the experience to run government business, it’s Training on Job

Democratic Party (DP) President Harry Kalaba has said things have not been moving well under the New Dawn government because President Hakainde Hichilema lacks the experience to run government business.

“Things have not been moving well because it is a one-man show and it is job training for him (President Hakainde Hichilema). This is when he is learning a lot of things. It is only true and I have said this without malice. It is the first time he is working in government. He might have done some privatisation as a consultant in the 1990s but being part of the executive this is the first time the president is doing it. So yes it is a job on training and there is no malice in that. I have never been a president as well but I have a lot of governance knowledge because you need to know how the government operates even as you assume the office of the president then you are going to know where to start from,” Mr Kalaba said.

He continued: ”So when people say it is a job on training it is not because the president is going in the office of president for the first time he is going in government for the first time. I said earlier, that the president is only getting to understand what he was saying before he got elected and now are two different things because he didn’t understand that there was a yellow book which tells you that there is a budget. He didn’t understand that now he is beginning to understand that. Is there any malice in that? The president must learn to understand that the cabinet office, especially the secretary to the cabinet, is the person that should be close to him because he is the one that will tell him how the government operates, how it should operate but typical of the president it’s a know it all attitude.”

“Yesterday (Monday) he said he is coming here. He is coming on Hot FM and we hope you will take good care of that gesture which the president made. These are some of the issues which you should ask him; to say you said all these promises that you did. Why didn’t you fulfil them?” Mr Kalaba added.

Meanwhile, Mr Kalaba has observed Zambia is losing huge sums of money from the mines over the alleged failure to religiously monitor the quantity and type of minerals mining firms were exporting.

Mr Kalaba said currently there is no system in government that thoroughly counter-checks the quantity and type of minerals mining firms were exporting.

There is a wide belief that mining firms have been under-declaring their exports or profits made from mining in the country.

Other reports suggest that mining firms especially in the North-Western Province have been mining and exporting gold, diamonds and cobalt in the name of mining copper.

Featuring on a Hot FM radio show, Mr Kalaba said there is a need to set up a body that would strictly monitor the activities of mining companies in a bid to improve Zambia’s benefits from its mineral resources.

“How would Harry Kabala have done it? For me, I would have done it very differently. I would have insisted on creating a body that was going to deal with the mines because right now the amount of money we are losing as a country as a result of that financial seepage in the mines is huge. It is huge. I would have said why is it that KCM (Konkola Copper Mines) or why is it that Mopani, Lumwana, and Kansanshi will export our minerals without any government official counterchecking? They will just give us reports that this is what we have exported. Ninshi twabasuminishisha to be doing that? Just why? Cibeleshi that is not right. Why have we allowed such kind of behaviour? Why?” Mr. Kalaba said.

“For me I would say first of all there will be nothing like giving you tax holidays now we want to see the exact exports that you are doing. That is why a body called MEMACO ilya iyaliko mu UNIP is very important because there was no ore that was being exported without them certifying that this is the exact quantum, this is the exact ore we are exporting because today they can tell you we are exporting copper when they are exporting cobalt. They can tell you they are exporting cobalt when they are exporting emerald. They can tell you they are exporting manganese when they are exporting gold or diamond. We have let it loose and yet we are going to borrow money from the IMF. We are going to borrow those monies when we can just put our foot down,” Mr. Kalaba said.

Buildcon Dent Zanaco’s Top Four Hopes

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Zanaco failed to consolidate their stay at number four on the FAZ Super League table after losing away to Buildcon on Wednesday in a rescheduled FAZ Super League Week 25 fixture.

The 2020/202 runners-up lost 2-0 away at Levy Mwanawasa Stadium in Ndola to 10th placed Buildcon.

Lubinda Mundia put Buildcon ahead in the 14th minute and Christopher Chola added the final goal in the 30th minute.

The result now sees Zanaco, who drop to fifth, exchange places with Nkana on goal difference and tied on 49 points heading into the final day of the season on May 8.

Shepolopolo Face Botswana in Two Women’s Friendlies

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Shepolopolo Zambia have entered the second day of training camp in Lusaka ahead of a two-match friendly appointment against Botswana this weekend.

Zambia will host their fellow 2022 Women’s AFCON finalists at Nkoloma Stadium in Lusaka on April 29 and May 2.

“There is a lot that we want to see from the players, especially the new ones,” coach Bruce Mwape said.

Mwape will only have his home-based players available for the friendly games, a huge number of them fringe call-ups.

“We want to expose them so that they get that experience in international games. The few areas we are looking at is the striking force and the central defence- especially upfront where we only have (Lubanji) Ochumba who has matured recently,” Mwape said.

Meanwhile, the first friendly will come barely six hours before the 2022 Morocco draws are made in Rabat late on Friday evening.

There is a possibility the two unseeded teams could be drawn in the same group of the 12-team, three group tournament that Morocco is hosting from July 2-23.

Cameroon, defending champions Nigeria and Morocco are the seeded teams thanks to their Woman’s FIFA Rankings and status as hosts for the latter who will headline the groups.

Shepolopolo  are  heading to their second straight WAFCON since Ghana 2018 where they made a group stage exit but this will be their third tournament appearance overall.

Garry Nkombo apologizes for his anti-Kachasu move, as Human Rights Commission condemns his actions

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Local government and Rural Development Minister Gary Nkombo has apologised to the woman and children who he forced to take the locally brewed illicit alcoholic brew called Kachasu.

He however says no compensation will be made as compensating her will mean supporting the idea of brewing Kachasu.

“My engagement with the press is first to tender an apology to the lady who we contacted this morning to try and talk to her about the trauma caused. I would like to state that I am very sorry,’’ Mr Nkombo said this when he addressed journalists in Lusaka today.

“I have searched my soul and reflected upon my action of inducing a brewer of Kachasu on her and her children who are adults, to drink the harmful beer was disproportionate to the effort of correcting a wrong on my part and I take full responsibility for that. I render my unequivocal apology to her, the children and the nation …We will continue to curb the crime of Kachasu brewing using laws while dully respecting the rights of offenders.”

He however refuted media claims that the government was targeting the vulnerable in society.

Mr Nkombo said there is no element of discrimination in relation to someone’s social standing in dealing with such matters.

“I would like to take this opportunity to appeal to members of the public who are aware of this illicit trade not to forget the devastating effects of Kachasu and other drugs on the citizenry, especially the young and vulnerable to report to relevant authorities and by so doing save people’s lives,’’ said Mr Nkombo.

Minister extended the illegal punishment to the woman’s children, who might possibly be underage and that his conduct amounted to the victimisation of suspects.

Meanwhile, the Human rights commission has issued a statement describing the Minister’s actions as arbitrary and a violation of the woman’s and her children’s human rights.

The commission said that forcing the family to drink the illicit beer or face arrest amounted to inhuman or degrading treatment or punishment and was a violation of Article 15 of the Constitution, Chapter 1 of the Laws of Zambia.

The commission further said that the minister’s conduct further violated the rights of the woman and her children to secure the protection of the law as provided for under Article 18 of the Constitution.

The commission further said that brewing or selling prohibited beverages such as Kachasu has prescribed penalties under the law and forcing perpetrators to consume the prohibited products is not one of the prescribed punishments and must, therefore, be condemned.

The Commission also advised the minister to leave law enforcement to designated offices and officers as prescribed by the law, adding that the Minister extended the illegal punishment to the woman’s children, who might possibly be underage and that his conduct amounted to the victimisation of suspects.

Below is the full statement

27th April 2022
Press Release
For Immediate Release

STATEMENT ON ILL-TREATMENT OF A WOMAN AND HER CHILDREN BY THE MINISTER OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT

A video, which has been circulated widely on social media, showing the Minister of Local Government and Rural Development, Mr Gary Nkombo, forcing a woman and her children to drink Kachasu, a local illicit beer, has been brought to the attention of the Human Rights Commission.

The Commission finds the minister’s conduct to be arbitrary and a violation of the woman’s and her children’s human rights.

Forcing of the trio to drink the illicit beer or face arrest amounted to inhuman or degrading treatment or punishment and was a violation of Article 15 of the Constitution, Chapter 1 of the Laws of Zambia.

The minister’s conduct further violated the rights of the woman and her children to secure the protection of the law as provided for under Article 18 of the Constitution.

The Commission is concerned that the Minister extended the illegal punishment to the woman’s children, who might possibly be under age and that his conduct amounted to victimisation of suspects.

Brewing or selling prohibited beverages such as kachasu has prescribed penalties under the law and forcing perpetrators to consume the prohibited products is not one of the prescribed punishments and must, therefore, be condemned.

The minister is, accordingly, advised to leave law enforcement to designated offices and officers as prescribed by the law.

In conclusion, the Commission finds the conduct of Mr Nkombo to be at variance with the pronouncements that have been made by the Republican President of his administration’s commitment to respect the rule of law and to the promotion and protection of human rights for all.

(Original Signed)
Mudford Z. Mwandenga
Chairperson
HUMAN RIGHTS COMMISSION

The New Dawn government has already lost the fight against corruption

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Former Luanshya Member of Parliament Steve Chungu has said the New Dawn government has already lost the fight against corruption.

Mr Chungu, the former chief government whip in the PF regime, said he rates the UPND government’s campaign against corruption as two out of ten.

He said the President Hakainde Hichilema led UPND administration is only pursuing former government officials without following its officials named in some scandals.

Mr Chungu said the New Dawn government must investigate its ministers mentioned in dubious deals with the same energy being applied to investigate former government officials.

He said the fight against corruption should be inclusive.

“Talking about the corruption fight in this country from the time the UPND took over the Government. If I were to be asked to say can you rate them? I would rate the UPND’s fight against corruption two to ten. The reason is simple. Corruption should not be seen from the outside. Corruption starts from inside. The people that are running the government should not be seen to be saints because they are also just human beings. And if what we are listening to from people, the commentaries that are coming from the people, and the issues that we are reading about have some truth in it. Then it is so sad that the there is nothing completely that we are doing about the fight against corruption in the eight months of the UPND in government,” Mr. Chungu said.

“We have heard about the fertiliser issue, no official statement from the government to inform the Zambian people why the prices of fertiliser had to move from $1000 to $1,400 that was barely the UPND’s two months in government and there was that story. The Zambians have not been told anything. Now if fertiliser was to cost that much $400 more, are we surely expecting that we are going to be buying a cheaper mealie meal? The answer is no. There are too many scandals that we are getting to know about now that are coming out. I don’t have any proof but we are all reading about these things. The same things happened in the PF government we were reading about and we had no proof to say this is happening. It happened at this firm but these are things that should give us a lot of worries,” he said.

Mr Chungu continued:”The fight against corruption should have started on the first day of the UPND coming into power and by now we could have seen some people that have committed these crimes being brought to book. But what is happening is that the fight has been pushed back to pursue those people that committed crimes. Does it mean that there is no crime happening now within eight months of the UPND in government? The only things that we are listening to or reading about those who were in power are the PF. Yes it is not wrong for them to look back but what is wrong is not to look at what is happening currently. Because the same stories that happened that time are the same stories that are happening now.

“There has not been a stop in the way officials of the government have been operating from the PF government. Now there is so much that is happening and I would like to see a time when President Hichilema will have to make a decision on some of the officials that have been found wanting or are being mentioned in these scandals. What doesn’t take time, use the same effort that has been put in to go and investigate the issues that happened many years ago, is the same effort that should be put in the reports that are coming out today that ministers are involved in so many scandals,” he said.

“Corruption fight should not only be seen when there is a change of government. Corruption takes place every day. It is not only people that are outside the government that are involved, even those inside the government could be involved. But the worst part is when people who are supposed to serve the people in government take advantage of their positions to enrich themselves. That is where it is wrong. This is something that we saw in the PF and the Zambian people judged the PF with a red card and if what is happening now is truthful the Zambian people are going to make a decision again in 2026.”

“If the UPND does put efforts in fighting corruption within the government then I don’t see the corruption fight being won. So far I feel the fight against corruption has been lost already because there is nothing that is coming out in terms of the efforts being put into this fight to zero. Let the president come out strongly, he has eyes all over. He has the state machinery,” Mr. Chungu added.

Don’t rush to Open a US AFRICON Office in Zambia, Mwamba Urges President Hichilema

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Former Permanent Representative to the African Union, Amb. Emmanuel Mwamba has called upon President Hakainde Hichilema not to rush in allowing the opening of the proposed security office by the United States Africa Command (AFRICOM) in Zambia.

Mr. Mwamba stated that he learnt with deep concern following an announcement that indicated that the AFRICOM will open a security office at the USA Embassy in Zambia.

Mr. Mwamba appealed to President Hichilema to learn lessons from the last four presidents; President Levy Mwanawasa, President Rupiah Banda, President Michael Sata and President Edgar Lungu why they resisted to accept such a proposal from the United States.

He said Zambia promotes a non-aligned policy and is encouraged to seek economic, social and military cooperation with all powers including the USA, Russia, China and others.

He also said both the African Union and SADC have exoressed concern about AFRICOM and have resisted the establishment of proposed USA military bases and security offices in Africa.

He said it was for this reason that AFRICOM still operates from its Headquarters in Stuttgart, Germany and not from the African soil.

Mr. Mwamba said AFRICOM was formed by the United States government in 2007 together with the Millennium Challenge Account, the President’s Emergency Plan for AIDS Relief ( PEPFAR) and AFRICOM.

He said African leaders accepted the operations of the social and health programmes but took caution with AFRICOM.

Mr. Mwamba said Africa and SADC have been developing a Standby Force and SADC Brigade and it is envisaged that Zambia will support its military activities under the African Union framework and its security architecture.

He said this allows the countries to seek military-to-military partnerships and cooperation from a wide ranging of staholders and powers than promoting one hegemonic or dominant power such as the United States.

He appealed to President Hichilema to consult widely on the matter so that all security, military and regional concerns that have been raised by the African Union and SADC were taken into account before the military-to-military partnership with the US AFRICOM was signed and established in Zambia.

He said he is aware that Zambia, like Liberia and Botswana and are other countries have done, can make its own decisions regardless of the view of other member states, but he encouraged President Hichilema to study the matter diligently before rushing into signing the Agreement and allowing the security office.

Mr. Mwamba has written a detailed article about the matter explaining the history and concerns expressed by the African Union and SADC about US AFRICOM.

On April 25, the U.S. government announced that U.S. Africa Command (AFRICOM) will open an Office of Security Cooperation at the U.S. Embassy in Zambia.

Visiting AFRICOM Brigadier General Peter Bailey, Deputy Director for Strategy, Engagement, and Programs, made the announcement during a meeting with His Excellency President Hakainde Hichilema.

Condemnation of Garry Nkombo for Publicly Humiliating a Poor Family In the Township Grows

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Minister of Local Government, Gary Nkombo has received widespread condemnation for forcing a woman and her children to the illicit local brew called Kachasu.

This follows the widely circulated video in which the Minister forced children to drink a locally brewed beer commonly known as Kachasu, as punishment on their mother for engaging in illegal brewing of the local beer.

Mr Nkombo yesterday raided the townships and destroyed litres of Kachusu that were being brewed at the time and alleged that the drink was responsible for destroying many lives.

Leading the condemnation was now Human rights Laura Miti who said that forcing a mother and her children to drink the Kachasu she brews made her heart weep.

Ms Miti acknowledged that the country has a frightening crisis of alcohol and drug abuse in the townships, and it is one that is consuming youth and women, especially and badly it needs emergency attention, and added that that attention, however, is not raids and abuse of brewers.

Mr Miti told the Minister that the substance abuse in Zambia’s communities is a symptom of the deep poverty, high unemployment and attendant hunger in the country, just as the numbers of vendors on our streets are.

“The answer is not to abuse a poor woman on camera. Humiliate her in a way you would never do to the children of the rich, who gather every weekend in fancy homes in leafy suburbs to drown their privilege, in underage binge drinking of expensive liquor and abuse of drugs,” she wrote.

Ms Miti said that the only reason that the woman was bullied and humiliated by the Minister is that she is poor and faceless and that, in this Zambia, that means she is not a full human being.

Ms Miti urged the Minister to invite these communities to discuss the crisis consuming them.

“Gather women, youth, civil society actors, church leaders, some Kachasu brewers in a community hall to come up with structural answers. Small changes like refusal to sell the brew to the 10-year olds we see totally plastered.

“If you do not know how to talk to communities, other than through a campaign microphone, invite civil society. We will facilitate it for you. You will be amazed at what you will achieve.

“Believe me, the poor can think. They can address their problems, given the respect and space, ” she concluded

Joining the condemnation is the group calling itself Advocacy for National Development and Democracy (ANDD) which has called on Local Government Minister, Garry Nkombo to resign on moral grounds.

ANDD executive director, Samuel Banda is shocked and disheartened that Mr Nkombo can go to such lengths to mistreat the mother and her children in such an inhumane manner.

He has since called on President Hakainde Hichilema to take action against the Minister with immediate effect if he will not resign on his own on moral grounds.

“Yes that could be an illegal business of brewing the illicit beer, but such treatment and embarrassment to the family are uncalled for and unwarranted” Mr Banda has observed.

He said that the government’s role is to empower citizens and not incapacitate them as was observed yesterday adding that a sober approach while looking for solutions is what the Minister should have done.

He has condemned the behaviour, with a call from all stakeholders such as the church, civil society organisations and all well-meaning citizens to equally call for justice on the matter.

“This is not about politics, but about moral obligation especially on sensitive matters that border on the welfare of the poor. Let us be sober-minded and condemn a wrong when it occurs” Mr Banda has said.

Zambia Police have re-opened investigations into the gassing cases

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INSPECTOR General of Police Lemmy Kajoba has disclosed that Police have re-opened investigations into the gassing cases that characterised the country sometime in the past.

Mr. Kajoba said most cases called for further investigations as they were not logically concluded.

He said the perpetrators and all those who played a role in the gassing incidences should never feel at easy as the cases were still active with the Police.

Mr. Kajoba said this yesterday during the official opening of the Criminal Investigators workshop held at Zambia Police Training College in Lusaka.

“As you may be aware, we have re-opened investigations into the gassing cases that characterised our country sometime in the past and were not logically concluded,” Mr. Kajoba said.

He added that his Command was in a hurry to build capacity for Criminal Investigations Officers in order for them to catch up and effectively combat both old and emerging crime trends.

Mr Kajoba said a number of cases were under investigations such as the alleged abduction of Pamela Chisupa and other cases of interest including the abuse of social media among others.
Rae Hamoonga