Maravi

Rupiah’s circus

Rupiah’s circus
Written by Editor

The other day, we called upon President Rupiah Banda to intervene in the impasse between local government minister Benny Tetamashimba and the leadership of the opposition Patriotic Front concerning his postponement of mayoral elections in a manner that appears unlawful.

But just listening to his interview on ZNBC television on Saturday, Tetamashimba confirmed to us that actually this impasse is far from ending because the man we were calling upon to intervene and resolve it is actually the sponsor of this impasse which has now assumed the status of being a circus.

We say this because we do not think Tetamashimba can have the guts to defend the illegality he is perpetrating on this matter if he does not have the full support of his boss, the man he represents in all his actions and inactions.

We would like to believe that Rupiah is aware about Tetamashimba’s pronouncements and actions concerning the issue of mayoral elections. So we take Rupiah’s silence on this matter as a clear endorsement of Tetamashimba’s pronouncements and actions.

It is for this reason that we urge all stakeholders in this matter to shift their attention from Tetamashimba to Rupiah because clearly, Rupiah is the sponsor of this circus. For those who would want to describe Tetamashimba as being dull and ignorant in as far as the handling of this matter is concerned, they should now know who the dullest and the most ignorant is. And it will be wishful thinking for any reasonable member of the public to expect that Rupiah will address or meaningfully resolve this matter.

Without doubt, Tetamashimba does not know what he is doing. When he boasts that he is being advised by lawyers on this matter, we wonder what type of lawyers these are who cannot appreciate or respect basic principles in law. Rupiah may claim ignorance of the law - which by the way is not a defence - but Vice-President George Kunda is a very senior and knowledgeable lawyer who also happens to be justice minister. If this matter has come to his attention and he has nodded it, then we do not know what has become of him. Maybe he has joined some of the government officials and ministers who keep their jobs by not doing the job.

In this matter, we are told that the local government Act makes it mandatory, not discretionary, for all councils in the country to elect mayors and their deputies, chairmen and the vice-chairmen at their first meeting after the 1st of September.

Tetamashimba has indefinitely postponed these mayoral elections for reasons that vary each time he opens his mouth. His decision has been challenged, mainly by the PF as being illegal. But Tetamashimba claims his decision is backed by the law because he had issued a Statutory Instrument to that effect.

However, legal experts tell us that a Statutory Instrument can only be lawful if it is not in conflict with the main law, in this case the local government Act. And listening to Tetamashimba, he speaks in a manner that suggests that the Statutory Instrument he issued amended the provisions of the local government Act in as far as the holding of mayoral elections is concerned. Or can his action to issue a Statutory Instrument be said to be tantamount to amending the local government Act?

If this is his position, then we will be quick to agree with Michael Sata that Tetamashimba is dull and ignorant. We say this because we know that an Act of Parliament is only amended by another Act of Parliament, not by a Statutory Instrument. We also know that a minister can only issue a Statutory Instrument to reinforce principles in the main Act, not to amend the Act.

It appears to us that Rupiah’s wish to continue with the late Levy Mwanawasa’s legacy will remain a political pipe dream because Levy’s legacy is connected to the rule of law and no the rule of men. Rupiah’s actions, through his faithful agent and servant Tetamashimba, are in total defiance of the law; they are according to his whim, not the law.

It cannot be disputed that Rupiah has no good reasons for postponing these elections. In fact, this is what our people should be asking. Why is Rupiah postponing these elections? Is it for genuine reasons or just to satisfy his political schemes, his political agenda?

If this is a government of laws, Rupiah should have sent Tetamashimba to first amend the local government Act in Parliament before announcing the postponement of mayoral elections. That is, if there were compelling reasons to delay the elections.

But listening to Tetamashimba, we get the impression that Rupiah merely wants to selfishly inconvenience council operations by unduly delaying these mayoral elections.

When he first announced the postponement of the elections, Tetamashimba said this was because some councils did not have money and had to prepare for floods and cholera outbreaks. But on Saturday, Tetamashimba said the postponement was necessitated by the fact that councils had to prepare next year’s budgets for his approval so that he, in turn, could submit the same to the Ministry of Finance for inclusion in the national budget. He further said councils delayed in submitting these budgets through no fault of their own; that because president Mwanawasa fell ill and later died and therefore some time was lost during Mwanawsa’s illness and funeral.

This kind of reasoning is embarrassing, to say the least. Did the country come to a standstill during Levy’s illness and funeral? For all we know, there was only one day when the whole nation did not work during Levy’s funeral. This was on September 3, the day of his burial, which was also a public holiday.

As we stated earlier, Tetamashimba’s reasons for postponing mayoral elections vary each time he opens his mouth on this matter. This shows that whatever is delaying these elections is not in good faith. First, it was insufficient funds, floods and cholera outbreaks. Now it is preparations of council budgets. What a circus!

Is this the wide good governance experience Rupiah Banda boasted about and promised to give to Zambians upon his election as President? If it is, then Zambians should not expect anything good, anything meaningful from Rupiah.

We keep revisiting this matter because we think that if left unattended to, it will affect the way development is delivered at the local level. We are talking about councils across the country, not just a single council or councils in one province. There is no need to waste any more time on this issue. Those in authority should just do the right thing. We know the PF leadership is threatening to commence legal action. But this will take a long time to settle. By the time judgment is delivered, a lot of damage will have been caused to our local communities which are directly serviced by these local authorities.

Zambia has got a lot problems. We can’t afford to create more problems for ourselves. Indeed, Rupiah’s problems are self-inflicted. It is sad that his leadership is by the day proving to be a circus. This is the man that many of his sponsors and supporters praised as being experienced, wise and mature. And if what he has so far given Zambians is a display of his experience, wisdom and maturity, then this country is headed for disaster.

Labels: BENNY TETAMASHIMBA, MAYOR, RUPIAH BANDA

posted by MrK @ 8:52 AM