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Yaluma Underscores Youth and Women Role in Development

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Commerce Minister Christopher Yaluma says it is imperative for African governments to embrace an inclusive approach to development.

Speaking at the just ended Economic Summit in Livingstone, Yaluma said that promoting inclusive growth is critical to sustainable economic development.

Yaluma said that regional blocks had deliberately prioritized inclusive social development to ensure that African continent attained higher levels of development.

“At regional level, the Common Market for East and Southern Africa (COMESA) has an industrial policy whose major thrust is for economic transformation through inclusive and sustainable industrialization. Likewise, the Southern Africa Development Community and the SADC industrialization strategy which aims at promoting inclusive growth through the regional value chain development,” he said.

Yaluma noted the drive toward inclusive development was hindered by enormous challenges.

He said that infrastructural development was part of the strategy toward eliminating some of the challenges.

“Some of the challenges are poor infrastructure, low outdated technology, high dependence on extractive industries and low value addition. This has resulted in failure to generate economies of scale sufficient to propel industrialization,” he said.

Yaluma also noted that African countries still had limited access to global markets despite having signed numerous trade agreements.

He however said that some of the challenges were being addressed like the skills and entrepreneurship programs.

“Another notable intervention is the skills development and entrepreneurship project-supportig women and youth under the Citizens Economic Empowerment Commission. Through this project government is constructing eight industrial yards, five which are near completion and ready for occupation in Chipata, Mongu, Ndola, Solwezi and Kasama,” he said.

 

 

The post Yaluma Underscores Youth and Women Role in Development appeared first on Zambia Reports.


ACC Records 417 Corruptions Reports in First Quarter

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The Anti- Corruption Commission (ACC) has revealed that it received 417 reports of suspected corruption cases out of which 248 were non- corruption related during this year’s first half.

According to a statement issued to the media, ACC Public Relations Officer Timothy Moono stated that 169 reports contained elements of corruption out of which 58 were authorized for investigations while other reports did not have sufficient details of the corruption offence to warrant investigations.

Moono stated that the commission has continued to build momentum in its efforts towards prevention of the corruption scourge and putting in place transparent and accountable systems of governance.

He added that the commission had 10 cases still under investigations derived from the 2017 Auditor General’s report.

“During the first half of the year, the Commission recorded 33 arrests country-wide and secured seven (7) convictions.  The Commission received a total of 417 reports of suspected corruption out of which, a total of 248 were non- corruption related. Therefore, advice was subsequently provided to all those that brought these reports that are outside the Commission’s mandate on how best to pursue the matters complained against,” Moono stated.

“Of the 417 cases received, 169 reports contained elements of corruption and 58 reports were authorized for investigations while other reports did not have sufficient details of the corruption offence to warrant investigations. As such, 18 cases were referred to relevant institutions for administrative action. The complainants in these matters were also advised accordingly.”

He stated that the commission was determined to deal with perpetrators of corruption “decisively” and will continue to professionally conduct inquiries in suspected cases of corruption in order to bring offenders to book.

“The Commission will not relent in its effort to ensure that levels of corruption in the country are reduced to very insignificant levels through increased awareness among the general public, and participation of all citizens and through stronger partnerships with stakeholders such as the Financial Intelligence Centre (FIC), Drug Enforcement Commission (DEC), Transparency International Zambia (TIZ) to name a few,” stated Moono and urged the public to directly get involved in the fight against corruption by reporting corruption cases and influencing others to desist from engaging in corrupt practices.

 

The post ACC Records 417 Corruptions Reports in First Quarter appeared first on Zambia Reports.

HH Backtracks on Meeting with Lungu

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UPND leader Hakainde Hichilema says he will only hold talks with President Edgar Lungu if he stops joking.

This statement comes a week after the opposition leader expressed willingness to meet President Lungu.

This followed the President’s statement that he was ready to meet Mr Hicilema without conditions attached.

However, Mr Hichilema said in Kitwe before drumming up support for UPND candidate in the Lubwa ward by-election, Brian Mwewa, that the dialogue between himself and President Lungu must be led by the Church.

“We are ready and have always stated that we need serious talk. We have made it clear that let the three Church mother bodies lead this process. The Zambia Catholic Bishops, Council of Churches in Zambia and the Evangelical Fellowship of Zambia. We will talk to Mr Lungu if he stops joking because if we meet the two of us, then someone will spread lies about what we have not said. And you know that. So let the Church led us in a respectful and serious manner. We need to talk and restore the rule of law,” Mr Hichilema said.

“The Zambian people, our people can’t continue to be led in poverty by the PF. We need to rest the PF because they have reached saturation level. A party that is leading people to poverty! Thieves are living like rich people.”

He said he sympathises with the youths that keep protesting in Kitwe.

“We sympathise with the young people that are suffering. The demonstrations in Wusakile is as a result of thieves that are running away with our money. Fake promises to the youths,” said Hichilema.

 

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KCM Sale Won’t Stop Arbitration Process, says Chipimo

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Elias Chipimo Jr, leader of the opposition National Restoration Party (NAREP), has said even if government proceeds to sell Konkola Copper Mines (KCM) to another investor, the arbitration process started by Vedanta Resources in South Africa will not stop.

Chipimo, a lawyer, stated that the Zambian government is, however, more likely to pay huge sums of money as compensation to Vedanta for not following procedure in terminating the agreement that existed between the two parties for the assets in KCM.

“The sad reality, however, is that in spite of the questionable nature of some of the procedures so far, a sale of KCM’s major assets by the provisional liquidator may still take place – such is the chaotic nature of the system we are all forced to live with for now. However, even if such a sale does take place, this will not prevent an arbitration process from taking off and is more than likely to result in substantial damages being awarded to Vedanta and any other person with a legitimate claim resulting from these questionable procedures,” Chipimo stated. “Given that we are still reeling from the compensation claims arising out of the Zamtel sale arbitration and given the significant debt burden hanging over us, the actions of the PF administration are not only reckless and dangerous but give rise to concerns about a growing pathological criminality – the type that takes full root when there is a feeling of complete impunity amongst the leaders of a nation.”

He further stated that the route taken by the government to liquidate KCM was against the law.

“Let us all be clear, it is only the provisional liquidator (someone appointed after a petition has been filed but no final winding-up order has been made yet), the liquidator (the person appointed after a winding-up order has been made) or the Official Receiver (essentially a government official either appointed by the court or who assumes office by the operation of law) that can legally manage a liquidation procedure. The steps the government is taking to progress the asset sale (appointing negotiators and directing matters from behind the scenes) amount to an illegal interference of the liquidators powers (see section 74(4) of the Insolvency Act) and are likely to be a factor in an inevitable compensation claim that will no doubt form part of the arbitration proceedings. Any members of any such illegal government committee will also face claims for any allowances they might receive from KCM (or from any other official source) for participating in this process without the backing of the law,” Chipimo stated.

“In addition, given that the arbitration will be between Vedanta and ZCCM-IH, Vedanta will have a viable basis to lodge a separate claim against the government in respect of the violation of its property rights under the Constitution. What has essentially happened is that the government has sought to carry out a compulsory acquisition without paying compensation to an investor perceived legitimately by the majority to have failed to live up to its expectations.”

He made suggestions of how the government could have gone about claiming KCM’s majority shareholding held by Vedanta.

“Two things, simultaneously: (a) ZCCM-IH should have triggered the arbitration procedure under its agreement with Vedanta; and (b) government should have started compulsory acquisition procedures. There are those that advocated either the appointment of a receiver or the application of the business rescue procedure under the Insolvency Act. Unfortunately, none of these options were viable for the simple reason that: (i) the appointment of a receiver can only be triggered by a secured or preferential creditor; and (ii) the business rescue procedure would have required KCM as a company to pass a special resolution, meaning the consent of Vedanta would have been required. It is highly unlikely that this would have been forthcoming,” Chipimo stated.

“The Chinese have a saying: ‘May you live in interesting times’. This can be read as either a blessing or a curse. Sadly for many Zambians living under the tyranny of the current regime, it tends to only be read as the latter. Any costs arising from the PF administration’s careless approach to resolving the KCM challenge will be borne by innocent Zambian taxpayers already burdened by debilitating debt, whose repayment will outlive many of them. But then again, does concern for public interest and future generations really concern the PF? Apparently, not one bit.”

The post KCM Sale Won’t Stop Arbitration Process, says Chipimo appeared first on Zambia Reports.

Chipata Nurse Dies in Road Accident

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A nurse of Chipata’s Muzeyi Rural Health Centre has died while three others sustained serious injuries after the vehicle he was driving was involved in an accident on Mfuwe road in Chipata yesterday.

Police spokesperson Esther Mwaata Katongo identified the deceased as Kennedy Kanungwe, 37 while the injured are Ketty Nyawali aged 45, a deputy head teacher at Mchenja Primary School, Simon Banda aged 31, a teacher at Mchenja Primary School and Kebby Makungu, a female.

The accident happened around 04:30 yesterday when the driver failed to negotiate a curve due to excessive speed and lost control of the motor vehicle.

He then hit into a pavement and the vehicle partially fell into Kasupe stream.

“Involved was a Toyota Vitz registration number ALT 413  reported to have been driven by male Kennedy Kanungwe aged 37 years, a male nurse of Muzeyi Rural Health Centre in Chipangali being driven from north to south direction who died on the spot,” stated Katongo and indicated that the injured are receiving treatment at Chipata Central Hospital.

The post Chipata Nurse Dies in Road Accident appeared first on Zambia Reports.

NGO Calls for Peaceful Polls in Lubwa Ward

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Change Mindset Zambia, a non-governmental organisation, has called for unity and peace among political parties participating in the Lubwa Ward by-election in Kitwe.

Organization president Geoffrey Musonda said political party leaders should not just condemn violence but preach peace and sensitise their members, especially the youths, against engaging in the vice.

He was speaking during an open discussion with representatives from all political parties with an exclusion of the Patriotic Front (PF) who were absent from the meeting at Kitwe City Council.

Musonda said there was need to find a solution to the political violence that the country had been experiencing in the previous elections.

He said there is a need to roll out meetings to the rest of the districts in Zambia and ensure peaceful 2021 general elections.

“Rather than pointing fingers or assigning blame, let us use this occasion to expand our moral imagination to listen to each other more carefully to sharpen our instincts for empathy and remind ourselves of all the ways our hopes and dreams are bound together, ” said Musonda.

The Lubwa Ward by-elections will be held tomorrow, July 30, 2019.

 

The post NGO Calls for Peaceful Polls in Lubwa Ward appeared first on Zambia Reports.

More Cops Deployed to Katuba for Tomorrow’s Poll

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The Zambia Police Service has deployed more police officers in Katuba constituency and other areas ahead of tomorrow’s by-elections to curtail electoral violence.

Inspector General of Police Mr Kakoma Kanganja has since advised all political parties participating in the Katuba parliamentary and ward by-elections being held around the country to maintain peace and restrain their supporters from engaging in violence.

He warned that those planning on disrupting peaceful elections would be dealt with sternly, adding that police had information about a group of people planing on disturbing peace using violence.

“The tendency of ambushing the peace loving electorates by some people as experienced in the previous by-elections will not be tolerated. The Zambia Police Service is more than ready and determined to bring the perpetrators to book,” said Kanganja who added that more police officers have been deployed to all areas having by-election to enhance security.

The post More Cops Deployed to Katuba for Tomorrow’s Poll appeared first on Zambia Reports.

In Whose Interest is KCM Liquidation?

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By Martin Nkhosi

On 17th May 2019, Zambia’s President, Edgar Lungu, announced the take-over of Konkola Copper Mines (KCM) Plc. – a Zambian copper mining and refining company which is a subsidiary of Vedanta Resources Ltd. According to President Lungu, the Zambian government had made the decision because KCM “had made to many empty promises of investing billions of dollars.” On the other hand, Vedanta KCM notes that “over $3B has been invested in Zambia since Vedanta became a shareholder in KCM in 2004, with a 50 year mining vision for Zambia.” Questions must be asked. Who is telling the truth? And who benefits from the liquidation of KCM?

THE MINING INDUSTRY IN ZAMBIA

It is important to remember Zambia was a British colony (“Northern Rhodesia”), and that its natural resources were exploited for the benefit of the colonial authority and the ‘home government’ in London. Zambians themselves were discriminated against and did not benefit from their country’s mineral wealth. John Mwanakatwe, in a book titled “End of Kaunda Era”, observes that:

“It may be said that within the protectorate of Northern Rhodesia two racial groups lived side by side. The settler group was the privileged group, the black majority was the under-privileged group, deprived of political rights and disadvantaged in every respect.”

With independence in 1964, and the inauguration of the ‘humanist and socialist’ government of Kenneth Kaunda and his United National Independence Party (UNIP), a new mining regime was put in place.

Apart from agriculture, mining has been the biggest contributor to the Zambian economy since independence. According to the World Bank:

Mining accounts for 12% of Zambia’s GDP and 70% of total export value. The sector is also a significant source of government revenue and formal employment, both directly and indirectly. Continuing to attract investment in the sector is crucial to the country’s growth since it constitutes 62% of foreign direct investment.

These figures show the critical role played by mining in Zambia’s economy – and demonstrate the need for the mining industry to be properly regulated. David Manley wrote in “A Guide to Mining Taxation in Zambia” that “The objective of mining policy should be to maximise government revenue over time. This involves taxing mines as much as possible without discouraging new investment. Given the characteristics of mining, the policy maker has a difficult job. It is argued that despite the various ways in which mineral extraction can benefit Zambia, by far the most important channel is from tax revenues.”

The Patriotic Front (PF) – then led by President Michael Sata – became Zambia’s governing party in 2011. With an election manifesto which promised “lower taxes, more jobs and more money in your pockets”, its views on mining were set out as follows:

“The Mining Industry has been characterised by uncertainty in the policy framework and frequent amendments to the legislative regime of the sector giving rise to erratic investment in mining and minerals development. The small scale mining activities which would contribute significantly to national economic development have also not performed well due to lack of credit financing and poor marketing in this sector.

Despite the availability of mineral occurrence data, there has not been any meaningful effort in diversifying from copper to other minerals. Additionally there has been no deliberate policy to promote value addition industries in the mining sector which has led to colossal loss of revenue and lack of creation of job opportunities.

In order to enhance the development of the mining sector the PF government shall:

  • Diversify mining minerals from base metals (e.g. Copper) to other minerals such as Industrial and energy minerals;
  • Rump up copper production to 2 million tons per annum by the year 2017;
  • Review the mining policy framework so as to bring about stability in the sector;
  • Review the legislative framework in order to restore confidence in the sector by mining investors;
  • Establish micro credit financing for small scale mining;
  • Establish a centre for the marketing of minerals from small scale mines so as to assist small scale miners realise value for their products;
  • Promote investment in the exploitation of other minerals other than copper;
  • Promote investment in value addition industries in the mining sector by providing incentives;
  • Review the regulatory framework for mining rights with a view to extending the period of validity of mining permits;
  • Provide incentives to encourage the adoption of environmentally sustainable mining technologies incorporating energy saving, reduction of health hazards, pollution control and safe disposal of waste;
  • Promote ownership of large-scale mines by indigenous Zambians; and
  • Increase the contribution of the mining industry to governments’ revenue base in line with trends and best practice in the mining sector emerging markets.”

 

This manifesto led to the enactment of the Mines and Minerals Development Act No. 11 of 2015 (amended 2016 ). However, despite these legislative interventions, the PF Government has continued to make a major political issue of who benefits from Zambia’s natural resources, and who should shoulder the blame for the clear absence of any distribution of those benefits to ordinary Zambians.

AN INSATIABLE APPETITE FOR LIQUIDATIONS AND TAKEOVERS?

It has been suggested that the current Zambian government has a tendency towards the nationalisation of private businesses – via liquidation, compulsory acquisition and takeovers – since it first assumed office in 2011. Two examples are discussed here:

LAP GREEN (2011)

In 2010, then-President Rupiah Banda sold 75% of Zambia’s telecommunications authority – Zamtel – to a Libiyan company, Lap Green Networks. Almost immediately on assuming power, President Michael Sata instituted an inquiry into the sale, which claimed to have found serious irregularities, including bribery. The PF government then used the findings of that inquiry (and the provisions of the Lands Acquisition Act, Chapter 189 of the Laws of Zambia) to re-assume control of Zamtel – without compensation – claiming that the corruption allegations meant that the deal had disadvantaged Zambians. Close to a decade later, the consequences of that rash action are becoming clear:

The London High Court has ordered that Zambia compensates $380million for nationalization of Zambia Telecommunications Company. This was a deal in which Lap Green deal on purchase of Zamtel was abruptly reversed without compensation. The Libyan Investment Authority (LIA) launched legal action against Zambia over the alleged nationalization of the Zambia Telecommunications Company (Zamtel).

POST NEWSPAPERS LIMITED

In November 2016 (3 months after Edgar Lungu was inaugurated as President), the Post Newspapers Limited was liquidated, based on claims that it owed significant taxes to the Zambia Revenue Authority (ZRA). The Zambia Daily Mail story read:

“The Lusaka High Court has placed The Post Newspapers Limited under compulsory liquidation and has appointed Lewis Mosho of Lewis Nathan Advocates as provisional liquidator in respect of all the assets of the company. This is according to the notice of winding up issued by the provisional liquidator.”

While it is clearly unlawful not to pay taxes due, the case of The Post is not straightforward. The ZRA (as with most tax authorities around the world) is empowered to enter into payment arrangements with defaulting taxpayers. The question must be asked why the ZRA had allowed The Post to get into such a difficult situation which then necessitated such a sudden liquidation. Surely there must have been other ways to resolve the problem, apart from liquidation?

WHAT IS LIQUIDATION?

Martin, in “A Dictionary of Law”, defines liquidation or winding up as:

A procedure by which a company can be dissolved which may be instigated by members or creditors of the company (VOLUNTARY WINDINGUP) or by order of the court (COMPULSORY WINDING-UP). In both cases the process involves the appointment of a liquidator to assume control of the company from its directors. The liquidator collects the assets, pays debts, and distributes any surplus to company members in accordance with their rights.

Zambia’s Corporate Insolvency Act No. 9 of 2017, Section 2, defines “winding up” as “the process of settling accounts and liquidating assets in anticipation of a company’s dissolution.” Liquidation on the other hand, is defined as “the process of converting the property of a company into cash in order to settle the company’s debts and other liabilities.” Dissolution, according to the same Act, is the termination of a company’s legal existence by liquidation in accordance with this Act.

Logic thus suggests that a company can only be ‘liquidated’ if it is ‘insolvent.’ For avoidance of doubt, Section 2 of the Act defines “insolvent” as “having liabilities that exceed the value of assets, having stopped paying debts in the ordinary course of business or being unable to pay them as they fall due.”

Section 50 of the Act notes that the winding up of a company can be done:

  1. By the Court;
  2. Voluntary Winding Up by:
  3. Members themselves; and
  4. Creditors.

Although it could be argued that KCM failed to pay debts as they became due, practice and actual KCM business dealings show that there have previously been understandings between KCM and the ZRA (and indeed other creditors) to defer debts and pay them later in accordance with taxation laws – and indeed the Mining Act.

It is the author’s view that the move to wind up KCM – as with the Post – has not been carried out in accordance with the provisions of Part 5 of the Corporate Insolvency Act. This is made absolutely clear by President Lungu’s comment that KCM is being wound up because “it had made to many empty promises of investing billions of dollars”. This is not a reason provided for in any section of the Corporate Insolvency Act.

TO ARBITRATE OR NOT?

Arbitration, according to Justice Winnie Sithole Mwenda, is “is a semi-judicial and more formal dispute resolution process whereby parties are heard before a neutral decision maker known as the arbitrator.” Arbitration is voluntary and parties agree to arbitration through an arbitration agreement. Justice Mwenda notes that:

Arbitration has a number of advantages over litigation some of which are as follows. Firstly, it is especially suitable for disputes where a neutral with a highly specialized knowledge of the subject-matter of the dispute is needed for example, in construction disputes; or where the parties’ business relationship makes the publicity and formality of the courts unsuitable. Secondly, it offers the parties the confidentiality they desire; thirdly, it is less formal than litigation. Fourthly, costs are normally lower than litigation costs and offers quicker resolution of disputes.

With this in mind, it makes sense that the Zambian government and KCM entered into an arbitration agreement in case of any dispute needing to be resolved. In Zambia, arbitration is accepted practice, and is governed by the Arbitration Act No. 19 of 2000. It is a straightforward mode of alternative dispute resolution. This begs the question of why the why the Zambian government opted not to take its concerns about KCM to arbitration in compliance with he KCM shareholders agreement. Yet again, we must ask who benefits from such a decision? Is there an ulterior motive? Why would the Zambian government breach the shareholders agreement and depend rather on liquidation proceedings in the Zambian courts?

CONCLUSION

Zambian history should make it clear that liquidations and compulsory acquisitions of private companies – with hidden agendas and unclear beneficiaries – can only become a drain on the country’s economy. This drain is one that will be borne by ordinary Zambians on the street, when funds have to be found to pay damages and compensation as a result of breaches of contract and law.

Due process and international law must be complied with.

We, the people of Zambia, are constantly let down by the failure of our governments to put in place sensible policies which will ensure long-term and lasting benefits from Zambia’s mineral wealth for all its people – not just the few.

We earnestly hope that President Lungu’s decision to take control of KCM is in the best interests of all Zambia’s people. If an example is needed, we have only to look to Botswana. Let us look to correct the ongoing failure by those in government to manage Zambia’s mineral resources.

 

The post In Whose Interest is KCM Liquidation? appeared first on Zambia Reports.


Police Deny DP Permit for CBU Protest

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The police in Kitwe have denied the Democratic Party a permit to have a peaceful walk to demonstrate against the continued closure of the Copperbelt University.

The opposition Democratic Party (DP), led by former foreign affairs minister Harry Kalaba, had applied to hold a peaceful walk but have been informed that police will not have enough manpower in view of the forthcoming Lubwa Ward by-election.

“We picked the response and it’s a regret stating that police has no manpower to police our event due to the by-election going on  in Lubwa Ward,” Party spokesperson Judith Kabemba said.

She said it was unfortunate that police had to wait until the party had spent money for various logistics to respond to their request.

Kabemba said after consideration of the reasons advanced by police, the Party has decided to notify police of the change of date to August 10, 2019.

“We therefore would like to advise all the DP members, CBU students and the public…not to turn up as earlier planned,” said Kabemba.

The post Police Deny DP Permit for CBU Protest appeared first on Zambia Reports.

Mopani Backfills Sinkhole

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Mopani Copper Mines has commenced the process of backfilling the sinkhole near the South Ore Body (SOB) Shaft in Kitwe.

Public Relations Manager Nebert Mulenga said the move is a safety precaution in line with mine safety regulations.

He said backfilling exercise has already started and will go on until the process is completed.

“Mopani Copper Mines Plc is working closely with the Mines Safety Department (MSD), Zambia Police Service and other relevant authorities during this operation,” Mulenga said.

He said the sinkhole is a two-hectare caving area within Mopani Copper Mines Plc’s mining rights area and was a safety hazard to the informal miners invading it.

Last week, the mining giant had illegal miners to contend with immediately an announcement was made that the area would be closed, a move that sparked riots in Kitwe’s Wusakile Township.

 

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RTSA Announces News Spots for Speed Cameras

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The Road Transport and Safety Agency (RTSA) has announced new spots for speed camera enforcement that will take effect on September 1, 2019.

The roads targeted for speed cameras are:

  1. Los Angeles Boulevard – Lusaka

 

  1. Lumumba Road – Lusaka

 

  1. Great East Road – Between Airport Roundabout and Chongwe Town

 

  1. Mungwi Road – Lusaka

 

  1. Kafue Road (T2 Road) – Between Shimabala Toll Plaza and Chirundu Border Post

 

  1. Livingstone Road (T1 Road) – Between Kafue Road Junction and Choma Town

 

  1. Great North Road (T2 Road) – Between Katuba Toll Plaza and Kapiri Mposhi

The post RTSA Announces News Spots for Speed Cameras appeared first on Zambia Reports.

Chongwe Chief Sued Over Land

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A traditional leader of Chongwe district has been dragged to the Lusaka High Court over land.

Chief Bunda Bunda has been sued by a Chongwe resident who is seeking a declaration that the traditional leader has no power over her property as it is no longer customary land.

According to a statement of claim filed in the Lusaka High Court Registry,  Biana Paliyani has submitted that she was a beneficial owner of a property known as F/9566 in Chongwe.

Paliyani has further submitted that in 1995, her father, Stand Paliyani, was given a piece of land of 252 hectares situated in Chinyunyu in Chongwe by Chief Bunda Bunda’s predecessor.

She adds that her father applied for conversion of the land from customary  to statutory lease with the approval of chief Bunda Bunda’s predecessor and the Chongwe District Council in which he  was issued with a certificate of title for a 14-year lease for only 135 hectares of land which became known as stand No. F/9566.

Paliyani states that her father died sometime in 1999, and that upon expiry of the 14-year lease, she renewed the statutory lease of stand No. F/9566 and a certificate of title was issued in her names for a period of 99 years from December 1, 2018.

The applicant has further stated that she had built a six-roomed house where she currently resides, as well as four village houses, a bore hole and an incomplete fish pond and embarked on agricultural activities on the said portion of land.

She said sometime in May 2019, it came to her attention that chief Bunda Bunda had placed a caveat on the land on March 1, 2019, claiming interest in the land in his capacity as the 10th traditional ruler of the area.

Paliyani explained that the chief claimed interest on the basis that acquisition procedures of the said land were not followed and that there were anomalies on the hectares acquired by her.

She stated that from 1998 to 2018 when the lease was renewed, there had been no dispute on the number of hectares given to her father or the process of conversion from customary to statutory tenure.

Paliyani stated that  she did not change the initial 135 hectares obtained by her father in 1998 when renewing the lease in 2018 but did in fact obtain title to 134.3470 hectares.

She claimed that chief Bunda Bunda had been threatening to subdivide her land and allocate it to other people.

Paliyani stated that she was also stopped from carrying out any development or agricultural activities on the land, claiming that it does not belong to her, which had resulted in her suffering mental anguish and pain.

She is now claiming an order that she is the beneficial owner of the said property and a declaration that chief Bunda Bunda has no powers over it as it is no longer customary land.

She also wants an injunction restraining chief Bunda Bunda or his agents from subdividing and relocating portions of the land, among other claims .

The post Chongwe Chief Sued Over Land appeared first on Zambia Reports.

PeP Urges Opposition To Offer Solutions than Wishing Doom for Zambia

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The Patriots for Economic Progress (PeP) has advised other opposition political parties to offer solutions to economic challenges facing Zambia instead of wishing doom for the Country.

PeP leader Sean Tembo said this following what he termed celebrations and excitement exhibited by some politicians in relation to the judgement passed by the South African High Court on Konkola Copper Mines last week.

Mr. Tembo  stated in a statement issued today that his party’s position on the KCM matter was that Vedanta Resources, who are major shareholders, have been misbehaving and government was in order to begin the liquidation process.

He stated that authorities needed to formulate the most appropriate route to be used against Vedanta Resources.

“As Patriots for Economic Progress (PeP), we have noted with regret the conduct of some political leaders and activists to celebrate and get excited over the adverse judgment by the South African High Court on the KCM matter last week. It must be noted that the negative impact of such a court judgement will not only affect the PF and its Government but will have far reaching consequences on the common citizen. Therefore, any political leader or activist who celebrates such a misfortune on this nation is not patriotic to the Republic of Zambia and their motives must be queried,” Mr Tembo stated.

He has therefore advised other political leaders to spend more time offering alternative solutions to national problems rather than “sitting on the fence mute and waiting for a misfortune to visit Zambia at which time they jump up and down with excitement”.

“One of the most practical ways in which political leaders can offer alternative solutions to national problems is through Alternative National Budgets, which is a written proposal of how an opposition political party can manage the economy and national finances if it was them governing the national affairs,” stated Mr. Tembo.

“Patriotism and a genuine love for Zambia, her citizens and their respective welfare should be a compulsory attribute for any political leader.”

The post PeP Urges Opposition To Offer Solutions than Wishing Doom for Zambia appeared first on Zambia Reports.

Vedanta’s Paid Research Firm Denies Conflict of Interest

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Following an exposé investigation published by Zambia Reports which examined the inner workings of Vedanta Resource’s influence campaign aimed at the Republic of Zambia over the Konkola Copper Mines (KCM) dispute, Tokollo Matsabu, one of the members of the company’s hired research firm in South Africa, Eunomix, responded with attacks and threats against this publication over issues with the attribution of her article.

The results of Eunomix’s paid research were circulated widely on Vedanta propaganda platforms such as KCMToday.com, and were even tweeted by Vedanta Chairman Anil Agarwal, which in turn were tweeted and promoted by Eunomix CEO Claude Bassaic without disclosing the conflict of interest:

In a subsequent email Q&A with Eunomix, published in full below, the company denies that they have any conflict of interest when being paid by Vedanta to publish and comment about the KCM dispute and other mining matters in Zambia. They indicate that Vedanta’s PR firm, R&A Strategic Communications, is working with them to arrange media opportunities. According to their claims in this Q&A, Eunomix was only hired by Vedanta Resources for just one week, they were hired on the exact same day that Mr. Bassaic did media interviews on the same issue, and further that BusinessDay was informed of the author’s conflict of interest, which was not disclosed in the text of the article.

Zambia Reports is currently fact checking several issues in this account with the relevant parties and will share that information soon. Please see the full text of the email interview below:

1) When did Vedanta hire Eunomix and what is the value and duration of the contract?

The contract was finalised on 22 May 2019. The contract was for 5 days of work by 2 researchers. Eunomix charged its normal daily rate. The contract consisted of updating research work that was done in 2013 by Eunomix on the effectiveness of mining policy across Sub-Saharan Africa between 1970 and 2010, with a focus on Zambia.

2) What is the mandate of Eunomix’s engagement on behalf of Vedanta?

The mandate was as follows: “To carry out an urgent analysis of the types of socio-economic outcomes of sudden regulatory, policy and/or judicial decisions made on behalf of mining license issuers – sovereign governments as a rule – that represent de facto expropriation or spoliation of a mining operation. These socio-economic outcomes would include objective indicators like investment, production, employment, exports, tax revenues, credit ratings and profits; but also subjective indicators like business confidence, investability, perception, and so on. The analysis would focus on Zambia, but would need to include other relevant past examples for which data is available.”

The expressed and clear understanding was that while Vedanta was commissioning the research, it did not expect or want any influence over the findings. This is explicitly state in the PUBLICLY AVAILABLE report. As stated in the response to your previous question, the methodology applied was the same as the 2013 research (which was self-funded), and updated to include data through to 2017. The research commissioned by Vedanta added a comparison with Chile, a jurisdiction which produced the same amount of copper as Zambia in 1970; but who’s copper production trajectory differed significantly from that of Zambia, due to the different application of policies which could be termed “resource nationalistic”.

3) What is the Eunomix company policy with regard to the publication of commentaries in the media or sourcing of quotes on matters regarding the company’s clients?

Eunomix’s policy is to publish its research findings, unless its contracts with clients specify that this may not be done.

4) Do you believe that the failure to disclose Vedanta’s financial relationship with Eunomix in the BusinessDay article represents a violation of the Press Council’s Code of Ethics and Conduct for South African Print and Online Media?

We are not experts on the Press Code. But we believe it applies to member media organisations only. The article was centred on our report, which was publicly available and explicit about Eunomix’s relationship with Vedanta. As regards the Op-Ed, Russel and Associates disclosed to Business Day’s editorial team that the research referred to in the article had been commissioned by Vedanta.

5) When Claude Baissac spoke with journalists from Bloomberg on 22 May 2019, did he similarly inform them of Eunomix’s conflict of interest?

There is no conflict of interest because Mr Baissac was interviewed by Bloomberg on the morning of the 22nd of May, and hired by Vedanta in the afternoon. We had no knowledge at the time of the Bloomberg interview that Vedanta was going to retain our services.

6) What is the relationship between Eunomix and R&A Strategic Communications?

Both firms do work for Vedanta. R&A helped facilitate the publication of the Business Day article. We understand that in doing so they informed the relevant staff member at Business Day that the research was commissioned by Vedanta.

The post Vedanta’s Paid Research Firm Denies Conflict of Interest appeared first on Zambia Reports.

Katuba Votes in By-Election

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People in Katuba Constituency are today electing a new Member of Parliament to replace late lawmaker Patricia Mwashingwele, who died on May 2.

Elections will also take place six Local Government By-elections in Mayembe Ward of Shiwang’ándu District, Mangango, Shitwa and Kanabilumbu Wards of Kaoma District and Lubwa ward of Kitwe District, Lungwishi Ward of Mansa district.

In Katuba it is largely believed to be a two horse race although there are three candidates on the roster.

The UPND have fielded local businessman Bampi Aubrey Kapalasa while the UPPZ have Bertha Mangeya with the ruling party settling for Peter Boto “Zacks” Mwachilele.

President Edgar Lungu has been on the ground ub Katuba and expressed confidence of victory.

If the selection of a Headman by the PF is anything to go by, it puts the ruling party as favourites to win the Seat as history has indicated that a traditional Leader as Candidate has always won the hearts of Katuba electorate.

Mwachilele also doubles as headman Mwambi while ironically the deceased Mwashingwele was headwoman Mwashingwele.

Past members of parliament are Godfrey Laima,  – deputy village headman Mulela, (UNIP) and Mavis Muyunda, –  headwoman Busanga also under (UNIP) then came Gilbert Mululu, headman Kasalu (MMD).

In the other hotly contested elections is the Lubwa Ward in Kitwe.

Three candidates are contesting the Lubwa Ward by-elections in Kitwe with one of them expected to join 27 other Civic leaders in a fast paced growing city.

Surprisingly only gentlemen have lined up to run for the seat that was held by a Godfridah Chuulu who died in May, 2019.

Jonathan Banda, the former Zambia Consolidated Copper Mines Investment Holdings (ZCCM-IH) employee joins the race from the business community.

Banda, a last minute substitute after the National Democratic Congress (NDC) preferred candidate (Davies Musonda) failed to meet certain qualifications.

The ruling Patriotic Front is fielding is fielding Julius Kaunda who returns on the ballot paper having lost to the late Chuulu when he stood as an independent candidate.

UPND has also thrown its hat in the ring and is fielding Brian Mwelwa.

Lubwa Ward has a total of 7,490 registered voters with six polling stations.

It caters both urban and rural coupled with some unplanned settlements that will need upgrading.

The post Katuba Votes in By-Election appeared first on Zambia Reports.


Lungu Mourns Tunisian President

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President Edgar Lungu has sent a message of condolences to the Tunisian people over the death of former Head of State Beji Caia Essebsi.

President Lungu said President Essebsi will be remembered fondly as the first democratically elected president of Tunisia.

“On behalf of the Government of the Republic of Zambia, and indeed on my own behalf, I wish to convey sincere and heartfelt condolences to Your Execellency on the death of His Execellency Mr Beji Caid Essebsi, President of Tunisia,” said President Lungu in a statement.

 

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Botswana Arrive for CHAN Tie

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Botswana coach Mogomotsi Mpote says his team is in Zambia to win and qualify to the 2020 African Nations Championship (CHAN).

Speaking on arrival at Kenneth Kaunda International Airport, Mpote said the Zebras will be looking for a goal that they hope to defend well.

“We are here to fight and try to win this game and qualify,” he said.

“We are looking for a goal, we have never since Cosafa, if we get one goal it will be good for us and that goal will be defended well. Whether early or last minute goal. We are here to play good football and try to find a goal that will bring another goal.”

The Zebras arrived in Lusaka aboard South African Airways and are lodged at the Protea Marriot Hotel.

Zambia and Botswana played to a goalless draw in Francistown on Friday and will face each other at National Heroes Stadium on Saturday in the second leg.

Winner over two legs will play either Angola or eSwatini in the final qualifying round.

(Source: FAZ Media)

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TIZ Says it Doesn’t Condone False Corruption Allegations

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Transparency International Zambia says President Edgar Lungu should go beyond pronouncements in the fight against corruption.

And TIZ has said it does not condone false allegations of corruption.

TIZ Chapter president Reuben Lifuka has stated that the results of any meaningful fight against corruption in Zambia should be self-evident and people do not have to believe propaganda to attest.

“While we agree with President Lungu that corruption, whenever it rears its ugly head, should be nipped in the bud, we want to underscore that the PF administration should go beyond mere pronouncements about the fight against corruption. The results of any meaningful fight against corruption should be self-evident and people do not have to believe propaganda to attest to this. Government should move away from a rhetorical approach and put in place strategies to ensure that we reverse the corruption trends in this country. The undeniable truth which we cannot run away as a people is that we have a huge problem of corruption in this country. In fact there are various forms of corruption and it will be amiss of the President and his administration to reduce the debate and concerns to allegations of corruption made against himself and his ministers,” Lifuka stated.

He further discouraged malicious accusations of corruption.

“As Transparency International Zambia, we do not condone false allegations of corruption against any person or institution but we also condemn any attempts to create an atmosphere of fear of reprisals among those who genuinely witness situations of corruption. Whistle-blowing is not an easy act and those that courageously come forward to bring tips and information of possible wrong doing, should not be made to carry the full burden of proving their cases. That is why we have investigative and prosecuting agencies to do that and these agencies in a number of cases, depend on the active participation of the public. Time and time again, we hear law enforcement agencies calling on members of the public who may have vital pieces of information on a particular case to come forward,” Lifuka stated.

” In this new dispensation, it would seem members of the public should only come forward when they have the full evidence of wrong doing of public officials. In fact, the veiled threats made by President Lungu will have the chilling effect of scaring away whistle blowers who will shy away from bringing vital information to relevant law enforcement agencies. Already we have a very weak culture of whistle blowers in this country and that is why we see Ministers and public servants only speaking out when they have left office.”

He further stated that TIZ does not support whistleblowers who maliciously make corruption allegations.

” Again, we reiterate  that we do not support whistle blowers who maliciously make allegations of corruption but we also find it unacceptable to implicitly create a perception that most whistle blowing is about ‘framing and painting government black’. Fighting corruption requires strong leadership and commitment and we will be making a big mistake as country to imagine we will clean up our country of corruption merely by gagging people from expressing their concerns. It is also an insult to the intelligence of the international community to insinuate that they somehow arrive at conclusions on the state of corruption in Zambia merely by reading social media postings and listening to bar room chats discussing corruption in the public service in Zambia,” stated Lifuka.

“The international community has various means of conducting their due diligence and the onus is not on them to prove that we are doing all that is necessary to fight corruption- the ball is firmly in our court as Zambians and President Lungu and his team should not abdicate their role of providing leadership at this crucial period in the life of the nation. The fight against corruption requires honest engagement and we will have no one to blame if we bury our heads in the sand, the world does not owe us any favours, we owe it to ourselves and posterity to rid our society of corruption.”

 

 

The post TIZ Says it Doesn’t Condone False Corruption Allegations appeared first on Zambia Reports.

PF Saunters to Victory in Local Govt Wards…as UPND Retain Katuba

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The Patriotic Front has scooped all the local government by-elections held on Tuesday with the opposition UPND winning the Katuba by-election.

PF emerged victorious in Lubwa, Lwingishi, Mangango and Kanabulimbu wards.

In Lubwa Ward the PF’s Julius Kaunda polled 1, 215 votes while the UPND were in second position with 510 votes. In distant third was the National Democratic Congress that polled 213 votes.

In the Lwingishi Ward in Mansa Central Constituency the Patriotic Front  emerged victorious with its candidate Chanda Chimba amassing 1, 512 votes with the NDC candidate Savious Mulenga receiving 148 votes while the UPND’s Patrick Kasongo received a paltry 104 votes.

The Mangango Ward elections followed a similar script with PF’s Enelsei Nyirenda getting 840 votes while UPND received 390 through their candidate Liwoyo Chigumbe with the UPPZ’s Kabindama Chingumbe getting 399 votes.

In Kanabulimbu Ward of Kaoma District the PF candidate Mwanzala Munyika emerged victorious with 615 votes while the UPND trailed them with 388 votes.

In the Katuba Constituency parliamentary election, the UPND emerged winners with their candidate Bampi Kapalasa getting 8, 727 votes and was closely followed by the PF’s Zax Mwachilele who received 7, 024.

In third position was UPPZ’s Bertha Mangoya was got 120 votes.

 

 

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10 Matero Residents Nabbed For Possession of Exam Papers

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Police have arrested 10 Lusaka residents for unauthorised possession of suspected examination question papers.

Examinations Council of Zambia Public Relations Specialist Ronald Tembo has confirmed the arrests and stated that the suspects were nabbed from House Number 927 in Matero Township, belonging to Teddy Bwali Bwalya, aged 49.

Among those arrested is a teacher who runs a tuition centre in the area.

The ECZ has since confiscated, among other, mobile phones which the accused were using to receive suspected 2019 General Certificate of Education (GCE) Examination question papers and handwritten answers on pieces of papers.

“The Examinations Council of Zambia (ECZ) can confirm that 10 people of Matero Township in Lusaka were on 29th July 2019 arrested and detained for unauthorised possession of suspected examination question papers contrary to Section 19 Sub Section (1) Chapter 137 of the ECZ Act of 1983. The suspects were arrested at House Number 927 in Matero Township – the Property belonging to Teddy Bwali Bwalya aged 49 years. Mr Bwalya has since been arrested and is jointly charged with Ackim Tembo, aged 24, who is a teacher and the Proprietor of Fungai Tuition Centre. Others arrested are John Kabamba 26, Amos Nyirenda 21, Caleb Mubanga 21, Philip Nyekele 21, Rachael Kambashi 24, Stella Miti 23, Brendah Ntitima 16 and Anna Musukwa 22,” Tembo stated.

He stated that no form of examination malpractice will be entertained.

“In our pursuit for excellence in the provision of quality assessments, we want to warn all the perpetrators of examination malpractices that the ECZ is working tirelessly with law enforcement agencies to ensure that all those found wanting are brought to book,” stated Tembo.

 

“We further wish to state that the ECZ will continue to monitor the conduct of the 2019 GCE Examination so that it continues to be credible and administered in line with best practices in assessments. All the suspects remain in custody and will appear in court soon.”

 

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