We were having a sundowner on the veranda when round the corner sauntered Sara’s cousin Kelvin. ‘My God!’ squealed Sara, as she hugged him. ‘Is it really you! What are you doing here? Why didn’t you say you were coming? How did you find us? Are you back for good?

That was more than a month ago. The very next morning he set off on the bus to Lundazi to visit his project, as he called it. For the past twenty years he’d been sending money back to his sister to build his retirement home, and now he wanted to have a look at it.

‘Be prepared to be disappointed,’ Sara had said. ‘Nowadays people are hungry, and can easily eat an entire house.’

‘Not my sister Enela,’ said Kelvin, ‘she’s the one who brought me up.’

‘Are you still married to that Malaysian woman?’ Sara asked.

‘That’s another long story,’ said Kelvin sadly.

It was a full forty years ago since Kelvin had disappeared into the melting pot of Glasgow, where he finally became Scotland’s only Zambian Glaswegian bus driver.

He had promised to visit us on his way back from Lundazi, But some three weeks passed and he didn’t return. ‘Maybe he’s found a new wife in Lundazi,’ said Sara. ‘There’s a few there who wouldn’t mind the inconvenience of a rich Zambian Glaswegian bus driver.’

But then, a week ago, he reappeared, dusty, dirty, unshaven and exhausted. ‘Good God Kelvin!’ I said, ‘What happened? Did they think you were a ghost? A witch? You found no house at all? We warned you!’

‘Nothing like that,’ he said, as he slumped into a chair. ‘Everything was fine in Lundazi, Enela is living in my house with her grandchildren, and the whole village welcomed me with a big feast. But I came back with no spare time to visit you, and had to rush straight to the airport. That was a week ago!’

‘A week ago! So why are you still here? What happened? Where have you been?’

‘Passport problem!’ he exclaimed. ‘Immigration confiscated it! And then locked me up!’

‘What, confiscated a British passport?’

‘No, I still have my Zambian passport. If I’d had a British passport I’d have been alright!’

‘So what was wrong with it?’

‘They asked me where my parents were born, and I said in Mzuzu.’

‘You shouldn’t have said that,’ said Sara.

‘They said I must have obtained it by dubious means, and confiscated it. Then they confiscated my cell phone and computer, and threw me in the cells.’

‘Your name must have been on their list,’ said Sara.

‘That’s how it turned out,’ said Kelvin. ‘They kept asking me about the Zambian Warthog, and insisting that I wrote stories for the Warthog, and demanded details of the identity of all the other journalists. It seems that one of the journalists they were looking for is also called Kelvin Nhlane. After a week I got out on a police bond of K500, pending further investigations, but they’re still holding my passport. So I’m stuck here.’

‘Why didn’t you contact us?’ asked Sara.

‘I told you, they confiscated my phone and computer.’

‘You were entitled to one phone call, we could have got you a lawyer.’

‘They laughed in my face and said criminals don’t have human rights.’

‘We must apply to the court,’ I said. ‘We can get a judge to order that your passport is returned.’

‘What!’ laughed Sara. ‘All our judges are all hiding under their desks or under their beds. Even if you got a court order, the Immigration officials would tear it up in front of you.’

‘Haven’t you got connections?’ asked Kelvin.

‘Obviously not,’ I laughed. ‘Otherwise we wouldn’t be living in this little house in Chainda.’

‘What about my cousin Dingiswayo?’ asked Kelvin. ‘The one you said is an odious little bootlicker?’

‘OK,’ said Sara. ‘We don’t usually have anything to do with him. But I’ll take you to his place, and maybe he can just have a quiet word with somebody, and everything can be sorted out. Obviously there has been a terrible mistake.’

So Sara took him to Dingiswayo’s mansion in New Kasama, and they took him in, and took over the problem. Imagine our surprise when, only a couple of days later, we picked up our copy of The Post to find a screaming front page headline ‘Opposition Journalist
Apologizes to Cycle Mata: Rogue journalist confesses his sins and pledges loyalty,’ accompanied by a picture of the Zambian Glaswegian bus driver, now dressed up in a new bling bling suit.

‘Maybe that’s the way to go,’ I suggested. ‘Don’t try to contradict their nonsense – just go along with it.’

‘If Kelvin can find his way through the Glasgow traffic,’ laughed Sara, ‘maybe he can wriggle out of this!’

The next the day the front page of The Post had a picture of Kelvin shaking hands with the dreaded Splinter Kapimbe, under the heading Internationally Renowned Journalist Joins the Party.

The next day was even better: Kelvin Nhlane appointed Member of Parliament and Minister of Propaganda.

And we knew the problem was completely solved when we picked up The Post the following day and read Nhlane Leads Delegation to UK: Nhlane to instruct British government on freedom of the press.

Two days later Sara got an e-mail from Kelvin: ‘Phew! Thanks for your help. Am back in Glasgow, driving my bus.’

Source: Kalaki’s Korner

The post Kalaki’s Korner: Passport Problem appeared first on Zambia Reports.

President Michael Sata’s has named the new Lusaka stadium which is under construction and almost complete, as Gabon Disaster Heroes National Stadium.

This was disclosed by sports minister Chishimba Kambwili who was excited about the name saying the decision was arrived at in a cabinet meeting held on Monday and was chaired by a sick and fatigued looking President Sata at State House.

The 50,000 capacity stadium under construction in Lusaka will now be called Gabon Disaster Heroes National Stadium after the Zambia national soccer team that perished in the 1993 Gabon air crash.

“Cabinet has finally approved the name of Lusaka stadium, which will be called Gabon Disaster Heroes National Stadium. This is in honour of our national football team that perished in 1993 while on national duty,” Kambwili said.

He said there is need to honour the players and officials, whose remains are buried near the ultra-modern stadium.

Kambwili thanked Cabinet for the gesture, saying the move will enable the contractor Shanghai Construction to do final touches among them fitting chairs bearing the name of the stadium.

The stadium, which is about 85 percent complete, is expected to be handed over to Government at the end of this year.

The Zambia Air Force Buffalo plane plunged into the Atlantic Ocean off the coast of Libreville killing all the 30 passengers on board among them 18 players on April 28, 1993.

The team was on its way to Dakar for a 1994 United States of America World Cup qualifier against Senegal.

The team:
Efford Chabala (goalkeeper), John Soko (defender), Whiteson Changwe (defender), Robert Watiyakeni (defender), Eston Mulenga (midfielder), Derby Makinka (midfielder), Moses Chikwalakwala (midfielder), Godfrey Kangwa (midfielder), Kelvin Mutale (striker), Wisdom Chansa (midfielder), Timothy Mwitwa (midfielder), Numba Mwila (midfielder), Richard Mwanza (goalkeeper), Samuel Chomba (defender), Moses Masuwa (midfielder), Kenani Simambe (striker), Winter Mumba (defender) and Patrick Banda (midfielder).
Others are Godfrey ‘Ucar’ Chitalu (coach), Alex Chola (assistant coach), Wilson Mtonga (physiotherapist), Michael Mwape (FAZ chairman), Wilson Sakala (FAZ committee member), Nelson Zimba (government representative) and Joseph Bwalya Salimu (journalist).
The rest are colonel Fenton Mhone (pilot), Lt colonel Victor Mubanga (co-pilot), Lt colonel James Sachika (co-pilot), warrant officer Edward Nambote (fitter) and corporal Tomson Sakala (steward).

The post Sata Names Lusaka stadium Gabon Disaster appeared first on Zambia Reports.

Alliance for Democracy and Development (ADD) president Charles Milupi has called for genuine opposition alliance to confront the Patriotic Front.

Milupi says there is need for the opposition political parties to consider working together to take on the PF in view of what he has described as dictatorial tendencies by the ruling party.

He says opposition political parties should be sincere to each other and desist from the trend of poaching members amongst themselves, which he described as worrying.

Milupi says the practice shows insincerity by the political parties involved.

He adds that it is sad the same opposition political parties that meet during the day to plan a common strategy on how to confront the ruling party are the same ones poaching members from each other.

Milupi has further described as unfortunate the continued disunity among the opposition political parties.

He notes the need for opposition political parties to draw lessons from what is happening to the country’s democracy and unity.

Source: Qfm

The post Milupi Seeks Opposition Alliance appeared first on Zambia Reports.

A Kitwe construction firm commissioned to rehabilitate the railway system in the province has not paid its workers for three months.

Workman Construction employees said the managing director a Mr Bota had told off the workers to go anywhere they wished and he would never be punshed or compelled to pay as he was well connected.

The workers complained of deplorable conditions that had them lumped in a run down building for 57 of them to spend nights.

Some workers who sought anonymity called on labour minister Fackson Shamenda to intervene and compel their employer to pay.

The post Kitwe Railway System Contractor Fails to Pay Workers appeared first on Zambia Reports.

Respected Zambian law scholar Professor Muna Ndulo has disputed the Supreme Court judgement that summarily gave powers to President Michael Sata to remove judges from office rendering its opinion a fallacy.

This is in the case of the Attorney General v Mutuna and others in which Chief Justice offered a confusing majority opinion that literally gave powers to President Sata to set up a tribunal for the removal of judges when they erred.

The three judges – Nigel Mutuna, Charles Kajimanga (both High Court) and now retired Phillip Musonda (Supreme Court) – were suspended by President Sata for alleged professional misconduct after they found the Head of States allies chief, PF propagandist Fred M’membe and director of public prosecutions Mutembo Nchito, culpable of defaulting a taxpayers debt of over K14 billion from the Development Bank of Zambia.

A High Court judge Fulgence Chisanga granted the trio an application for judicial review which the state appealed resulting in one of the most bizarre Supreme Court decisions in the history of Zambia.

In a detailed opinion to Zambia Reports, Prof Ndulo has explained why the Zambian Supreme Court majority opinion was flawed insofar as interpreting the country’s constitution on the matter.

The United States of America-based lawyer says from the perspective of judge’s personal independence, it is crucial that they are not subordinated hierarchically to the executive or the legislature.

“It is a fundamental requirement of judicial independence that judges at all levels should not be subordinate or accountable to other branches of government especially the executive. Judges are accountable to the constitution.

“The argument that Article 98 provides the president with unfettered power to check the judiciary as the majority opines is to say the least, unbelievable and completely undermines and offends the doctrine of the separation of powers.

“Further by construing article 98 as a standalone provision the court ignores the fact that there is a context to article 98. Neither the constitution nor the Judicial Code of Conduct Act procedures could have contemplated that the position of the judges would be as vulnerable as the majority would want us to believe.

“If the constitution had wanted to vest this power at the complete discretion of the President, the constitution could easily have used words to that effect. The constitution does not say misconduct “in the opinion of the president.” It says, “If the president considers the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated.”

“That means there has to be an objective criteria on which the question is based otherwise the President is acting arbitrarily.

“The majority opinion held that the appropriate way to interpret Article 98 was through the method of the “literal rule of interpretation.” According to the majority, the literal rule requires the court to give the ordinary grammatical meaning to provisions in constitutional texts.

“This approach is contrary to the view of courts elsewhere in the commonwealth and it is intellectually deficient and can lead to bizarre outcomes. Does the majority suggest that our constitution does not subscribe to any values that it seeks to reflect and advance? In any event, Article 91 and Article 98 need interpretation.

Below is the full text of Professor Muna Ndulo’s opinion on the Supreme Court judgement.

JUDICIAL INDEPENDENCE AND THE SUPREME COURT’S DECISION
IN THE MATTER OF THE THREE JUDGES

By Muna Ndulo
(Professor of Law, Cornell University Law School)

Until the recent Zambian Supreme Court decision in the matter of the Attorney General vs. Mutuna and Others, I, along with many others, had believed that African judiciaries had emerged from the period of powerlessness and marginalization at the hands of strong men or as Kenyans preferred to call them “imperial presidents.”

The period of the “imperial presidents” saw African judiciaries serving primarily as instruments of legitimization of executive actions. Constitutional lawyers referred to the jurisprudential doctrine that emerged as the doctrine of “executive supremacy.”

This doctrine regards the “state” (personified in an omnipotent Chief Executive) not the constitution as the source judicially speaking, of all “rights” and “freedoms”. The state is thus subject to only such restraint as it chooses to place upon itself, while the citizen has only such rights as the state may allow. In short, as Prempheh (1999) has observed under this jurisprudence, the state walks into the court house with an almost irrefutable presumption of lawfulness as to its conduct.

In a recent article entitled With Forked Tongues: Why Chibesakunda’s Majority Ruling in Attorney-General v. Mutuna & Others is Flawed, Elias Munshya wa Munshya ably shows us the fallacy of the arguments advanced by the majority on the rules of interpretation of constitutional texts and the relationship between Articles 91 and 98 of the Zambian Constitution. He also does a suitable job of exposing the numerous contradictions within the opinion.

What I would like to do is argue that the doctrine of “executive supremacy” which the Zambian Supreme Court seems to want to return the country to has no place in a constitutional democracy. Additionally, I would like to support the view that in most constitutional democracies the approach to constitutional interpretation is purposeful interpretation and not literal meaning as the Supreme Court would have us believe.

Constitutional provisions must not be construed in isolation, but in the context of the objectives of the constitution. Our judges would do well to read the most recent case on this issue coming out of the South African Constitutional Court, the case of Democratic Alliance v. President of South Africa and Others (2012).

The case is rich in analysis and provides extensive coverage of comparative law on constitutional interpretation. Earlier, the same court had stated in Investigating Directorate: Serious Economic Offences & Others v. Hyundai Motor Distributors (pty) Ltd that: “the Constitution requires that judicial officers read legislation, where possible, in ways which give effect to the fundamental values.”

The adoption of the doctrine of “executive supremacy” led the Zambian Supreme Court to exhibit in its judgment unbelievable and worrying excessive deference to the Executive. As a result, alarming statements are made by the majority with the belief that the Executive is always right because the president knows best and has privileged information that is not available to ordinary people.

How does a court determine that a president’s sources of information are impeccable without scrutiny? Is the court telling us that it has a secret way of finding this out? If it has is that legal and transparent? The level of groveling exhibited by the judges in this case would shock most constitutional lawyers and judges around the globe.

The trajectory of African transitions to democracy will remain a dream if African judges fail to make the transition from the jurisprudence of “executive supremacy” to constitutionalism. Lord Denning’s warning that when the state defends its actions by pleading national interest and privileged information it is the end of liberty and indeed constitutionalism is quite appropriate in this case.

A jurisprudence of constitutionalism differs in fundamental respects from a jurisprudence of “executive supremacy”. It is premised on the supremacy of the constitution. The Zambian constitution for example states in Article 1 that: “The Constitution is the Supreme Law of Zambia and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void.”

Additionally, constitutionalism is premised upon the separation of powers of the three arms of the government (executive, legislative, and judiciary).

In Donoghue v. US (1356) the court stated that:
“it is important to separate the several departments of government and restrict them to the exercise of their appointed powers, it follows, as a logical corollary, equally important, that each department should be kept completely independent of the others-independent not in the sense that they shall not co-operate to the common end of carrying into effect the purposes of the constitution, but in the sense that the acts of each shall never be controlled by, or subject directly or indirectly, to the coercive influence of either of the other department.”

With respect to Parliament, the courts have the power, and indeed the duty to see to it that there is no infraction of the exercise of legislative powers, whether substantive or procedural, as laid down in the relevant provisions of the constitution. If such infraction exists, the courts must declare any legislation passed pursuant to it unconstitutional and invalid. The constitution is premised on the exercise by the judiciary of its power of judicial review which means that the judiciary must see to it that the other arms of the government act within the provisions of the constitution.

It is the duty of the executive to give effect to all judgments given by the judiciary regardless of the executive’s view of the correctness of the judgments. Where the executive is dissatisfied with the judgment of a lower court the proper and constitutional way is for the executive to exercise its rights of appeal.

The stability and wellbeing of all Zambians hinges upon respect for the rule of law which embodies the separation of powers. Fundamental to this is the realization that the independence of the judiciary must be unassailable. These are the hallmarks of all successful and lasting constitutional democracies. Such a state cannot be achieved without entrenched safeguards to ensure judicial independence, chief among which is proper standards preventing the arbitrary or baseless removal of judicial officers.

In order for the judiciary to perform its duties fearlessly and impartially, the constitution grants the judiciary independence from the other two arms of government. Article 91 (2) states that: “the judges, magistrates and justices of the courts mentioned in clause (1) shall be independent, impartial and subject only to this constitution and the law and shall conduct themselves in accordance with a code of conduct promulgated by Parliament.”

Article 98 provides for ways to remove a judge from office. It provides that a judge of the Supreme Court may be removed from office only for inability to perform the functions of his or her office, whether arising from infirmity of body or mind or for misbehavior, and shall not be so removed except in accordance with the provisions of this article.

The Article further provides that if the President considers that the question of removing a judge of the Supreme Court or the High Court under this Article ought to be investigated, (a) he shall appoint a tribunal which shall consist of a Chairman and not less two other members who have held high judicial office; (b) the Tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this article for inability as foresaid or for misbehavior.

Articles 91 and 98 without a doubt are interconnected. Article 91 provides the overall context within which provisions relating to the judiciary should be interpreted. It underscores judicial independence. Article 98 cannot be interpreted in such a manner as to become the conduit of executive influence over the judiciary. The removal of judges from the bench on spurious grounds is the greatest threat to judicial independence.

There is no assurity of a judge’s independence if he or she can easily be removed from office. Where judges can easily be removed, it would require fearless men and women of the strongest will and moral fiber to do justice where the interest of the reigning political party is involved. To safe guard the independence of the judiciary granted in Article 91, Article 98 provides that a judge can be removed on only two grounds: (1) inability to discharge the functions of office or (2) misconduct.

International standards applicable to the preservation of the independence of the judiciary place considerable emphasis against the improper removal of judges from office. They insist that a judge who faces removal must be examined by an independent and impartial tribunal, and that the grounds of removal must be limited to the two cases mentioned above. (Latimer House Guidelines for the Commonwealth).

The Judicial Code of Conduct Act states in the clearest of terms that it is to provide for the code of conduct for officers of the judicature pursuant to article 91 of the constitution. The trial judge was right when she said that there was an interplay between articles 91(2) and the judicial Code of conduct on one hand and articles 98(2) (3) and (5) on the other.

The idea of the Procedures set up under the Judicial (code of Conduct) Act of 1999 was to ensure that the process of removing judges established under article 98 does not compromise judicial independence, including security of tenure and undermine the right to due process. It is to ensure that the President cannot, without the approval of the Chief Justice, initiate the process to remove a judge from office.

In this way, the judiciary overseas the removal process. The rationale of this approach is for the Chief Justice to advise the President only in circumstances where it is reasonable and justifiable for an investigation to be conducted. Without this check, there would be no way to ensure that the President does not appoint a tribunal that he or she can manipulate to achieve a predetermined outcome.

Additionally, the Complaints procedures established under the Judicial Code of Conduct Act protect the judge’s due process rights by enabling the judge to defend himself or herself before a complaints hearing before a Tribunal is appointed. The argument that Article 98 provides the president with unfettered power to check the judiciary as the majority opines is to say the least, unbelievable and completely undermines and offends the doctrine of the separation of powers.

Further by construing article 98 as a standalone provision the court ignores the fact that there is a context to article 98. Neither the constitution nor the Judicial Code of Conduct Act procedures could have contemplated that the position of the judges would be as vulnerable as the majority would want us to believe.

If the constitution had wanted to vest this power at the complete discretion of the President, the constitution could easily have used words to that effect. The constitution does not say misconduct “in the opinion of the president.” It says, “If the president considers the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated.”

That means there has to be an objective criteria on which the question is based otherwise the President is acting arbitrarily. It is correct to say that the determination of whether a judge is unfit for office or is guilty of misconduct stipulated in Article 98 involves a value judgment.

But it does not follow from this that the decision and evaluation lies within the sole and subjective preserve of the president. Value judgments are involved in virtually every decision any member of the Executive might make where objective requirements are stipulated.

It is also true that there may be differences of opinion in relation to whether or not objective criteria have been established or are present. This does not mean that the decision becomes one of subjective determination, immune from objective scrutiny.

The argument that the powers under Article 98 are investigative and not executive is disingenuous. Equity looks at substance rather than form. What remedy can there be for a judge if the Tribunal recommends dismissal? Should the judge wait until the Tribunal has concluded its work to institute judicial review of the President’s action to appoint a Tribunal?

It is a betrayal of the sacred duty of doing justice entrusted to judges if the judges take such an obviously naïve view of the law and declare executive action as exempt from scrutiny by the courts. Our courts must regard themselves as courts of justice, not merely courts of law—narrowly defined, especially where human freedom and dignity are concerned.

In the words of Andrew Jackson “All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.”

A judge should not, and cannot afford to just subject himself or herself to a mere mechanical application of the law but must feel called upon to higher duties.

In any event, in this particular case, it was unnecessary to decide whether the decision by the president constituted investigative or administrative action because even in terms of the former, rationality is a requirement for the validity of executive action under the principle of legality.

The Human Rights Committee has said that the principle of legality and the rule of law are inherent in the International Covenant for Civil and Political Rights (ICCPR). The Inter-American Court of Human Rights has also stressed that there exists an inseparable bond between the principle of legality, democratic institutions and the rule of law.

The majority opinion held that the appropriate way to interpret Article 98 was through the method of the “literal rule of interpretation.” According to the majority, the literal rule requires the court to give the ordinary grammatical meaning to provisions in constitutional texts. This approach is contrary to the view of courts elsewhere in the commonwealth and it is intellectually deficient and can lead to bizarre outcomes.

Does the majority suggest that our constitution does not subscribe to any values that it seeks to reflect and advance? In any event, Article 91 and Article 98 need interpretation. How for example do you reconcile the independence of the judiciary with an easy process of removal of judges from the bench? How do you reconcile the doctrine of the separation of powers and removal of judges by a system entirely initiated and controlled by the executive without any opportunity for scrutiny?

Further, Article 98 states that a judge can be removed for “inability to discharge the functions of his office or for misconduct”. To an ordinary layman these may appear to be clear terms. But far from being clear, they are in fact nebulous.

All these matters require reconciliation by the Supreme Court in ways that do not undermine the core purposes of the constitution. In a constitution there are some provisions, for example amount of members of Parliament that because of the clear and unambiguous meaning of the text, render these clear-cut provisions to literal interpretation and do not therefore require the application of a sophisticated theory of constitutional interpretation in order to reach a sensible conclusion.

On the other hand, there are provisions of the constitution where the text itself is so abstract or ambiguous that analysis of the text and sometimes the history, the structure, purpose, and intent of the relevant provision is absolutely necessary.

The purposeful approach to interpretation invites more active judicial intermediation and interpretation. In particular, it demands that judges interpreting a constitutional text not only consult the spirit of the law but also endeavor to harmonize the letter with the spirit.

To do this, the judges must bring to their reasoning and decisions a clear understanding of the overarching values and philosophical foundations of a liberal democracy of the social, economic, and political evaluation of their country; and of the historical antecedents and contemporary purposes of the particular provision in dispute.

The Zambian constitution in its preamble provides the values which should be the context for constitutional interpretation.

It states; “The people of Zambia…, ..solemnly resolved to constitute Zambia into a sovereign democratic republic.” It further states: We pledge to ourselves that we shall ensure that the state shall respect the rights and dignity of the human family, uphold the laws of the state and conduct affairs of the state in such manner as to preserve, develop, and utilize its resources for this and future generations” and finally states that “we resolve to uphold the values of democracy, transparency, accountability and good governance.”

The values of democracy, transparency, accountability and good governance are particularly relevant in the interpretation of article 91 and 98.

The existence of an independent and impartial judiciary is at the heart of Articles 91 and 98. The two articles attempt to ensure that the justice system is truly independent from other branches of the state.

Different organs of the state have exclusive and specific responsibilities. By virtue of this separation, it is not permissible for any branch of power to interfere into the others’ sphere.

An interpretation of Article 98 that holds that the determination of whether or not to hold a tribunal is a matter for the president’s subjective opinion alone and cannot be questioned by any court of law is not in keeping with the constitution.

An interpretation that requires the existence of objective jurisdictional facts before the appointment of a Tribunal is more consistent and in keeping with the constitutional guarantee of the independence of the judiciary.

There is accordingly a constitutional guarantee of independence, and any legislation or executive action inconsistent therewith would be subject to constitutional control by the courts. As Udoma JSC rightly pointed out in the famous Nigerian case Nafiu Rabiu v The State (1980) “It is the duty of the courts to interpret the constitution liberally.

The courts should not interpret any provision of the constitution so as to defeat the ends the constitution is designed to serve where another construction equally in accord and consistent with the words and spirit of such persons will serve to enforce and protect such ends.”

Articles 91 and 98 must be read together to determine the purpose for which the power was conferred. It is evident that the purpose of the conferral of the power in article 98 was to ensure that judges are men and women of integrity without at the same time compromising the fundamental principle of the doctrine of separation of powers and independence of judges.

In Findlay v. UN (1997) the European court of Human Rights held that “the irremovability of judges by the executive must in general be considered as a corollary of their independence”.

From the perspective of their personal independence, it is crucial that the judges are not subordinated hierarchically to the executive or the legislature. It is a fundamental requirement of judicial independence that judges at all levels should not be subordinate or accountable to other branches of government especially the executive.

Judges are accountable to the constitution. As Kennedy explains: the bedrock of . . . democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.

The post Prof Ndulo Disputes Supreme Court Judgement on Mutuna appeared first on Zambia Reports.

Information Minister Kennedy Sakeni has broken the silence on the whereabouts of President Michael Sata by saying he is holed up in State House holding meetings.

Sata has not been seen in public in recent weeks with media reports suggesting that he has been evacuated outside the country to seek medical attention.

The Patriotic Front government has been dodgy on the health status of the 74-year old leader despite public demands for more information.

Sakeni in a statement reminiscent of the Lupando Mwape tale that a then stroke hit Levy Mwanawasa was well and jogging on the streets of London, said Sata is well and in high spirits.

“I was with him a while ago, he is well and in high spirits. He is having meetings in State House,” he said.

“Go to State House, they will allow you in all they will do is the normal screening and you will see for yourself that he is well.”

In an attempt to cover the extent of the President’s health status, the PF communication machinery chooses to lie low opting to create diversionary situations like the recent arrest of two journalists on flimsy grounds.

The post Sakeni Claims Sata Holed Up at State House appeared first on Zambia Reports.

A consortium of Civil Society Organizations against the removal of subsidies has threatened to de-campaign the Members of Parliament that voted against the reinstatement of the removal of subsidies.

Spokesperson Andrew Ntewewe said they will go to their constituencies and remind the electorate of the decision taken by their MPs.

“We, the 12 CSOs have resolved that we will de-campaign the MPs that voted against the removal of subsidies during a motion tabled in parliament.

“This is a move that affects the poorest of our people and these individuals who are supposed to be considerate of the masses have decided to punish the already suffering poor further,” he said.

“We will go and remind the people so that they should bring their leaders to account for their actions.”

Solwezi MP Lucky Mulusa had moved a motion seeking the reinstatement of the removed maize and fuel subsidies but the motion was defeated by the ruling PF and some sell-out MMD MPs currently serving President Michael Sata’s government in inferior deputy ministerial positions.

The post CSOs to De-campaign MPs on Subsidies Vote appeared first on Zambia Reports.

President Michael Sata has bowed to public pressure that dominated social media on the name of the Lusaka stadium which was initially announced as Gabon Disaster Heroes National Stadium but will now be officially known as Heroes National Stadium.

The development comes a few hours after Vice President Guy Scott defended the naming of Lusaka stadium as Gabon Disaster Heroes National Stadium during a parliamentary session on Friday morning.

The PF leadership attempted to be insensitive to the public outcry that was increasing in all quarters.

Dr Scott’s defence of the name which attracted mocking of the Patriotic Front government came just a day after sports minister Chishimba Kambwili arrogantly told those oppossed to the ‘Disaster’ name to live with it as the decision was final.

But public pressure had continue to mount with majority Zambians wondering how the entire Cabinet would approve a mouthful of a name for a stadium with a completely wrong message.

Football Association of Zambia president Kalusha Bwalya, who also opposed the Gabon Disaster in the name, twitted this afternoon that he had been informed by Kambwili that there was finally a review of the name to Heroes National Stadium.

“New Lusaka Stadium will be called ‘HEROES NATIONAL STADIUM’. Sports Minister Kambwili has just confirmed 2 me. Congratulations & well done,” Kalusha announced.

Earlier, Dr Scott, in defending the Gabon Disaster Heroes National Stadium, said the demolished Dag Hammarskjold stadium in Ndola had its full name as Dag Hammarskjold Memorial Stadium but that people chose to ignore the Memorial part of the name.

The Vice President further stated that people are at liberty to take a private members motion to Parliament to seek a name change for the stadium.

On Tuesday, sports minister Chishimba Kambwili said Cabinet has finally approved the name of Lusaka stadium, which will be called “Gabon Disaster Heroes National Stadium.”

“Cabinet has finally approved the name of Lusaka stadium, which will be called Gabon Disaster Heroes National Stadium. This is in honour of our national football team that perished in 1993 while on national duty,” said Kambwili.

The post Sata Bows to Pressure on ‘Disaster’ Stadium appeared first on Zambia Reports.

Anthony (right) with his partner Markus

An Englishman living in Zambia has been forced to leave the country for good after details of his civil partnership in the UK generated a storm of controversy.

Andrew Anthony, who is still deputy manager at one of the country top hotels Southern Sun Ridgeway, entered into a civil partnership with his partner of 25 years, Markus Muller-Tenckhoff, on Saturday 29 June.

The ceremony was performed on the Isle of Wight and attended by approximately 70 guests from the UK and Germany, where Markus runs a Berlin-based city guide business.

But news of Mr Anthony’s civil partnership reached Zambia – where homosexuality remains a criminal offence. He was looking to return but now cannot.

Sentences of 14 years can be issued for those convicted of same-sex sexual activity under Zambia’s sodomy laws.

On Monday, the Zambian Watchdog website published an article about the civil partnership, sparking an outpouring of vitriol and death threats, posted online and delivered to his employers at a four star hotel in Lusaka, Zambia.

The article was illustrated by three photographs taken at the ceremony by Mr Anthony’s half-brother, which have since been removed.

The story was also published on Facebook.

According to Pink News (UK), Anthony, as a result, fears he will be arrested if he returns to Lusaka.

In June, a gay couple in Zambia went on trial charged with violating the country’s sodomy laws.

The post Hotel Boss Abandons Job in Zambia After Gay Union appeared first on Zambia Reports.

The big boys of the region will join the quarterfinals for the 2013 Cosafa Castle Cup Senior Challenge this afternoon with a double header at Lusaka’s Nkoloma Stadium.

Defending champions Zimbabwe will face off with the flames of Malawi in the first game at 13 hours while Gordon Igesund’s South Africa take on Namibia in a 15:00 hours kick off.

Zimbabwe, who hosted the last edition four years ago, will be up against
a spirited Malawi side that is yet to win the regional championship.

The two sides last tested each other in an international friendly in May which ended 1-all in Blantyre.

Zimbabwe has kept faith in an all home based assemblage that has Chicken Inn striker Tendai Ndoro, the leading scorers in the Zimbabwe league, veteran goalie Tafadzwa Dube who plays for Caps United and Lotie Chiunga who plays for Black Rhinos as notables in their set up.

Malawi coach Tom Sainfiet has carried a familiar line up with veteran Jimmy Zakazaka, Fischer Kondowe and Joseph Kamwendo carrying the hopes of the Flames.

Malawi, who have twice made the finals, were booted out at the quarterfinals stage in the 2009 edition in Harare and will be looking to better their record this year.

In the second match of the day, Namibia will come up against Bafana Bafana in a match Igesund must prove his heavily depleted side is still competitive for the regional tournament.

Igesund had to make the trip to Lusaka minus Orlando Pirates and Kaizer Chiefs players whose clubs refused to release them.

But the Bafana Bafana coach has insisted his team will still be competitive and has set winning the trophy as his target.

South Africa will look to the likes of Lerato Chabangu, Sibusiso Khumalo and Sibusiso Vilakazi to take his side to the next stage of the competition.

Winners will qualify to the semi finals while losers will be relegated to the second tier competition where the losers will battle for the plate final.

Without extra time allocated for Cosafa, the teams will go straight into a penalty shoot out if deadlocked after regulation time.

Tomorrow, hosts Zambia will face Mozambique at Arthur Davies Stadium in Kitwe.

The post Big Guns Join Cosafa Fray This Weekend appeared first on Zambia Reports.

United Party for National Development President, Hakainde Hichilema has written to President Michael Sata to remind him on the commitment he made to reform the judiciary.

Hichilema says the PF Government seems to have abandoned the pledge for judicial reforms.

He says what is obtaining now; 22 months after the PF came to power suggests that there is more rot in the Judiciary than at any other time in the history of Zambia.

The UPND leader says he has noticed with great concern that Acting Chief Justice Lombe Chibesakunda has been acting for more than a year, which should not be the case.

Hichilema has reminded President Sata that the select committee of parliament appointed by the Speaker, comprising of all political parties rejected the appointment of Justice Chibesakunda.

He adds that Zambians will not have confidence in the judiciary whose head is there illegally.

And UPND Deputy Secretary General, Kuchunga Simusamba says threats of contempt of court by acting registrar and director of court operations, Chilombo are a hindrance to the country’s democracy.

Kuchunga says the Judiciary, like any other arm of government is a public institution and must be open to public scrutiny.

He says judicial officials are public figures and there is nothing wrong for members of the public to express their own opinions on matters of great national importance.

Source: Qfm

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The Jesuit Centre for Theological Reflection (JCTR) has urged government to address the skyrocketing cost of food after removing fuel subsidies.

Speaking on behalf of JCTR Daniel Mutale said the food basket for a family of five has now risen to K3,684 per month for a family of five.

Mutale said the increment has been observed after government abruptly scrapped off the fuel and maize subsidies.

He said the impact of the accumulated increase in the cost of food at household level is being felt by many families in Zambia who rely on maize as a staple food.

Mutale observed that government has failed to provide a cushion for the increased cost of food after removing the maize and fuel subsidies.

He said it is important that government should address the issue since maize form an integral part of Zambian diet.

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The opposition Movement for Multi Party Democracy has re-applied to the police for a permit to hold a card renewal card exercise in Lusaka.

Deputy Secretary General Chembe Nyangu said the MMD, as a law abiding party, had given the police a benefit of doubt after the cops turned down their first request to hold a card renewal exercise in Kamwala opposite the Freedom Statue.

The Zambia police under the Patriotic Front government has suspended the right of assembly denying citizens the right to hold public demonstrations, rallies and meetings.

“We have applied to the police to have our card renewal exercise in Lusaka. We are mindful that they turned down our request the first time but we value our rights and will once again hope they are reasonable,” Nyangu said.

“We have given them a benefit of doubt but we still reserve the right to go ahead should they not give us a permit.”

With public meetings banned those that dare go ahead are dealt with the PF militia wing that has become specialized in breaking up demonstrations.

The post MMD Make Fresh Application for Card Renewal Exercise appeared first on Zambia Reports.

President Michael Sata will not attend the burial Mass of the late Chief Chitimukulu Mwango Chilufya Chitapankwa (III) scheduled for today due to the embarrassment he faced after being told off by the Bemba chiefs when he tried to muzzle into their traditional affairs.

An impeccable source from State House has told the Zambian Watchdog that the invitation to this national and cultural event was made to the head of state but due to his ill health and the standoff with the Bemba chiefs, he will not attend.

“You know the big man (Sata) has a problem with the Bemba chiefs when he dethroned senior chief Mwamba and the Bemba royal establishment rejected his manouvres and ka health sikali mushe (his health is not so good). Definitely he would not attend and it is not established who is representing the government,” said the source.

The rich Bemba culture, with a clearly defined way of ascension to the Chitimukulu position, has carried on for many decades and has been upheld by all Presidents of Zambia but earlier this year Sata dethroned Senior chief Mwamba of Kasama district but the decision was met with resistance from the Bemba chiefs.

Since the death of Chitimukulu last year, no one has been appointed in that position and sources from the royal establishment say Sata wanted to impose a puppet chief to take over as Chitimukulu for political expedience. It is after this burial that a new Chitimukulu will be appointed to reign.

According to the programme released in Mungwi and obtained by the Zambian Watchdog, Mwango Chitapankwa (III) all people are supposed to gather at the palace by 10:00hrs and tommorrow again the mourners are to reconvene to witness the burial ceremony, thereafter the late chief’s remains will be taken for burial at Shimwalule in Chinsali district.

Source: Zambian Watchdog

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The Lusaka High court has stopped proceedings of the Judge Lovemore Chikopa led tribunal pending the outcome of the judicial review granted to retired Supreme Court Judge Dr Phillip Musonda.

Lusaka high court Judge Florence Lengalenga stopped the tribunal proceedings after she granted Dr Justice Musonda a stay in the proceedings.

Justice Musonda was suspended by President Michael Sata together with High court Justices Charles Kajimanga and Nigel Mutuna on allegations of professional misconduct.

The tribunal which is chaired by Malawian Judge Lovemore Chikopa yesterday commenced its sitting with two witnesses appearing before it.

The two witnesses that appeared before the tribunal are High court Judge Albert Wood and high court acting Registrar Chilombo Phiri.

Source: Qfm

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The Electoral Commission Commission has announced the date for another round of four by-elections that will be held across four constituencies.

ECZ executive director Priscilla Isaacs said the elections for Malambo, Mkaika, Petauke Central and Mulobezi will be held on September 5.

Isaacs said seven ward by-elections will be also held on the same day. She said nominations will be on August 9.

The Mkaika, Malambo, Petauke Central were as a result of nullification while the Mulobezi was caused by the resignation of the area MP.

Zambia has been treated to a spectra of by-elections following the Patriotic Front government’s target of a 106 threshold in Parliament to ensure that decisions in the legislature pass without resistance.

The PF’s approach is either through outright purchase of opposition MPs by promising them of ministerial jobs or having the seats nullified through a manipulated court system.

Four by-elections, three of which are as a result of PF induced resignations, will be held next week Thursday in Kafulafuta, Solwezi East, Mkushi North and Chipata Central won by Rueben Mutolo Phiri but was nullified through a petition by PF candidate Lameck Mangani.

The post Four By-Elections Set for September 5 appeared first on Zambia Reports.

President Michael Sata yesterday shocked the people of Mushindano area in North Western Province by telling them that he had flown all the way from Lusaka to confirm that there was no electricity in the area.

In a moment of lapse, Sata said he had not gone to Mushindano area because there was a by-election but had gone there to see the electricity situation.

“I have not come here because there is a by-election but I came here to see for myself that there is no electricity,” he said as the villagers looked on in disbelief.

Sata’s next stop is in Kafulafuta where he is expected this morning for some public rallies.

Four by-elections in Kafulafuta, Chipata Central, Mkushi North and Solwezi East will be held concurrently while another set is scheduled for September 5. President Sata’s government is nearing a record 20 by-elections in just two years.

The post Memory Haunted Sata Goes on Campaign Trail appeared first on Zambia Reports.

Hosts Zambia and title-holders Zimbabwe are favourites to win their Cosafa Cup semi-finals on Wednesday.

Zimbabwe confront giant killers Lesotho in the first half of a southern Africa championship double-header at the 45,000-seat Levy Mwanawasa Stadium in Ndola.

This repeat of the 2000 final won convincingly by Zimbabwe is followed by the meeting between 2012 African champions Zambia and South Africa.

Zimbabwe have won a regional competition staged in various formats a record four times and South Africa and Zambia three times each.

Both Zambia and Zimbabwe admit they are feeling the pressure as they seek to set up consecutive Cosafa Cup finals between the same teams for the first time.

Then-hosts Zimbabwe defeated Zambia 3-1 in the 2009 final before a sponsorship withdrawal forced the cancellation of the next three editions.

France-born Zambia coach Herve Renard says it would be “unthinkable” for the Chipolopolo not to overcome Bafana Bafana.

“This is a very important tournament for Zambia and we need to win it as hosts,” he said.

“We have a team capable of going all the way, but the most important thing now is to concentrate on reaching the final.”

Zambia were one of six seeded sides to receive byes into the knockout stage and a great start against Mozambique set up a convincing 3-1 triumph.

Fellow seeds South Africa started with a satisfying 2-1 win over Namibia , a country who have twice eliminated their much stronger neighbours from the Cup.

Particularly pleasing for coach Gordon Igesund was a shoot-on-sight policy that delivered great goals from Jabulani Shongwe and Hlompho Kekana.

Igesund lost 10 of his original 20-man squad to clubs preparing for the new domestic season, including five stars from champions Kaizer Chiefs.

“Many of my players are new to the national team system and we cannot get everything right in just a few days,” admitted the coach.

“But I have confidence in them as they are talented footballers and this Cup offers them a chance to stake claims for inclusion in future squads.”

Zimbabwe and Lesotho went through nerve-tingling penalty shootouts to secure last-four places after 1-1 draws with Malawi and Angola respectively.

“There is pressure because every team wants to beat us,” conceded Warriors playmaker Ronald Chitiyo. “But I am confident we can successfully defend the title.”

Zimbabwe have never won successive Cosafa Cup championships – a feat achieved by Zambia (1997-1998) and South Africa (2007-2008).

Lesotho reached the quarter-finals by topping a four-team mini-league on goal difference ahead of more fancied Kenya and Botswana.

And they have a challenger for the leading scorer prize in three-goal striker Thapelo Tale, who has struck one less than Jerome Ramatlhakwane of Botswana.

Meanwhile, the losing quarter-finalists will have a second chance at coming away from Zambia with a prize as the Plate competition begins on Tuesday.

Malawi will tackle Angola in the first semi-final before Mozambique take on Namibia.
The winners will meet in the final on Thursday.

BBC Sport

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I was carefully and reverentially pouring another brandy when swinging round the corner came a huge leather satchel, closely followed by a school uniform containing the skinny figure of Thokozile. ‘Grandpa!’ she said, ‘before you drink too much brandy, I’ve got a question for the Paramount Chief of Kalakiland!’

‘Fire away,’ I said. ‘Anything except Quantum Theory.’

‘Why is it that all the land to the north of us is nothing but empty bush? My friend Rochelle says that nobody lives there, except a few scary zombies. I asked my Geography teacher, but he told me not to worry about that because it’s not in the syllabus.’

‘It all happened more than a thousand years ago,’ I said, ‘when that place was called Zambia. In those days it was a highly developed country with more than ten million people.’

‘What d’you mean by highly developed? Did it have spacecraft, intergalactic tourism, time travel and that sort of thing?’

‘Good gracious no,’ I laughed, ‘it wasn’t developed in that sort of vulgar futuristic way. But it was developed in the sense that people enjoyed life, looked after each other, ate well, drank well, and were peaceful and considerate. People were happy and laughed a lot.’

‘So what went wrong?’

‘Things went wrong after they elected the new Chief Ukwa to be their new king.’

‘Wasn’t he any good at running the country?’

‘He wasn’t asked to run the country. In those days people were very well organized and civilized, and they knew how to run the country.’

‘So what was the king supposed to do?’

‘In those days the most precious and civilized thing was laughter. And Chief Ukwa was their most famous comedian. They always elected ridiculous leaders to make them laugh, and Ukwa was generally reckoned to be the best yet. He could tell a joke in a very dry and droll fashion. And while everybody else was falling around laughing, he would just stand there sternly with a straight face.’

‘Why didn’t he laugh?’

‘He had very bad teeth.’

‘So couldn’t King Ukwa develop the country by further developing everybody’s sense of humour? What went wrong?’

‘It all went horribly wrong because Ukwa was not content with being a great comedian. Instead he had dreams of being a great leader, who would take charge of everything. He declared himself to be the Great Omnipotent Dictator.’

‘Did people really have to call him the Great Omnipotent Dictator?’

‘He preferred the shorter version – GOD.’

‘Didn’t people laugh?’

‘Well, yes, to start with they did. Until they realized that this was not just another joke, the man was really deadly serious.’

‘So he didn’t develop the country?’

‘It wasn’t that simple. He had a completely different idea of development. He said it meant more roads, hospitals and schools.’

‘But didn’t that make the people happy?’

‘Schools don’t make people happy, they make people miserable. And before long he was very puzzled to find that he had no money to pay the teachers.’

‘Why not?’

‘He had spent their salaries on building more schools. Just as he had also spent the doctors’ salaries on building more hospitals.

‘And did he still keep building more roads?’

‘He needed them to bring in the big machines to build the hospitals and schools.’

‘So he needed to find more money. What did he do?’

‘He took it from the people. He removed the subsidy on mealie-meal, so that poor people had to pay more for it. He removed the subsidy on farm inputs, which made things even worse, since now farmers couldn’t produce much maize. He increased the tax on petrol, so that people had to pay more to go to work. People became more hungry and more angry. They stopped laughing and started shouting Is this what you mean by development?’

‘And how did he answer?’

‘He didn’t answer. He stayed in his palace. He was too busy with his plans to build more roads, more schools and more hospitals.’

‘So what happened next? Did the people protest? Demonstrate? Rebel?’

‘They could not. King Ukwa had been careful to feed his army well, and the people were now weak and starving. And then the next thing was, without any medicines in the hospitals, all the old diseases came back: TB, polio, pneumonia, kwashiorkor, cholera, and typhus. The hospitals were full of dying patients. The doctors and nurses had all fled abroad, making good use of the new roads.’

‘So what happened then?’

‘The survivors all fled. All that can be found now is the crumbling ruins of all those schools, hospitals and roads, overgrown with creepers, vines and trees. People say that the ghosts of all those that died still haunt the land. That’s why it’s now called Zombieland, and the king’s reign is now remembered as the Great Zombieland National Disaster. Nobody has ever dared to go back.’

‘And those who survived and fled, where did they go?’

‘They fled over the border and into a neighbouring country.’

‘Tell me, Grandpa, how do you know all these things?’

‘Because it was I, Kalaki, who led the exodus into the hinterland which is now called Kalakiland, where I became Paramount Chief Kalaki, and where you are the Princess Thokozile.’

‘That means, Grandpa, that you are more than a thousand years old!’

‘Yes,’ I said, as I refilled my glass. ‘I am well preserved in brandy.’

Source: Kalaki’s Korner

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National Movement for Progress (NMP) president Ng’andu Magande has described as frustrating the Patriotic Front (PF) government’s reneging over the taking of the Access to Information Bill to Parliament.

Information and Broadcasting Services Minister Kennedy Sakeni Minister recently disclosed that the Bill that was scheduled to be tabled in the current sitting of Parliament will instead be brought to the House in September when Parliament reassumes sitting.

Magande, who is also former Finance Minister under the previous MMD government, says such inconsistencies being shown by the PF government imply that the PF did not mean well in its 2011 campaigns promises to the people.

Magande has observed that the PF government may have known forehand that it would not fulfill its promises but went on to allegedly deceive the Zambian people in the country that it would bring about change when voted into government.

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