Friday, June 04, 2010

‘Rupiah, Jacob Mwanza are plotting to replace Kalindawalo’

‘Rupiah, Jacob Mwanza are plotting to replace Kalindawalo’
By Amos Malupenga
Fri 04 June 2010, 04:00 CAT

President Rupiah Banda and his close friend Jacob Mwanza have been accused of scheming to remove chief Kalindawalo Mundikula in Petauke and reinstate Mika, the former Kalindawalo.

And Lavu Mulimba, from the Sandwe Royal Establishment, has complained before the Delegated Legislation Committee of Parliament questioning the legality of the Statutory Instrument signed by President Banda in April this year recognising Shaderick Malamula Zulu as chief Sandwe of the Nsenga people in Petauke district.

Well-placed traditional sources in Eastern Province revealed yesterday that President Banda and his friend, former Bank of Zambia governor Jacob Mwanza, have teamed up to ensure that they deal with chiefs who might not be politically useful to the President.

“There is a background to this problem which is very well-known,” the source said. “You will recall that during the time of the late president Levy Mwanawasa, the House of Chiefs was tasked to investigate this matter. This investigation was done and one of the recommendations to president Mwanawasa was that Shaderick Malamula Zulu was not in line to succeed as chief Sandwe.”

However, the source said President Banda, early last year, appointed David Tembo as Clerk of the House of Chiefs with the motive to delink the traditional relationship between the Nsengas and the Chewas because he allegedly did not like senior chief Kalindawalo.

The source further said on April 30, 2010, President Banda signed a Statutory Instrument number 32 naming Shaderick Malamula Zulu as the new chief Sandwe of the Nsenga people of Lusangazi area in Petauke district. President Banda stated that he was satisfied that Zulu was entitled to hold the office of chief Sandwe.

“But I can tell you that the only person who satisfied President Banda is his friend Jacob Mwanza who has managed to satisfy him also in having his two nephews gazetted as chiefs Nyampande and Mumbi,” the source said. “President Banda is doing this in total disregard of the law.”

The source said Mwanawasa instituted a Commission of Inquiry under the chairmanship of chief Mumena, who was House of Chiefs chairman, that travelled to Petauke to inquire into the succession wrangles.

“The House of Chiefs recommended that Shadreck Malamula Zulu was not in line to succeed as chief Sandwe,” the source said, adding that senior chief Kalindawalo also made the same recommendation after Lusaka High Court judge Thomas Ndhlovu instructed him to call the Mbumbas (the chief’s sisters who select the his successor) to guide them.

“Paramount chief Kalonga Gawa Undi of the Chewa people, himself a matrilineal hereditary advised the government through the Ministry of Local Government and Housing on how to proceed and to leave traditional matters to traditional leaders,” the source said. “The then Lusaka High Court judge Gertrude Chawatama made similar pronouncements when she was petitioned by Shadreck Zulu. But now Rupiah Banda and Jacob Mwanza have resolved to remove Kalindawalo Mundikula and re-instate the former Mika Kalindawalo whom they regard a 2011 vote getter for President Banda in Petauke.”

The source said instructions have since been given to agriculture minister Peter Daka and education minister Dora Siliya, who are both Nsengas, to call for a Petauke chiefs’ meeting to resolve the removal of Kalindawalo Mundikula and recommend the reinstatement of Mika.

The source said the Lavu Mulimba family, as a result decided to petition the Speaker of the National Assembly Amusaa Mwanamwambwa, following President Banda’s signing of the Statutory Instrument number 32 of 2010 which was published in Government Gazette number 5874 Vol XLVI on April 30, 2010 and the arrangements that are underway to replace chief Kalindawalo.

And in his complaint letter addressed to the Delegated Legislation Committee chairperson Chifumu Banda dated May 20, 2010, Mulimba stated that the Statutory Instrument signed by President Banda on April 30 was ultra vires the constitution and chiefs Act, violated his family’s and personal traditional right to succeed the late chief Sandwe VII in accordance with Nsenga customary law governing succession.

Mulimba also stated that the Statutory Instrument further subjected his traditional succession right to administrative decisions made by Petauke district council secretary. He stated that inspite of the House of Chiefs being advised by his lawyers not to proceed to gazette either Zulu or Jaavani Ngulube as the Sandwe dispute was before court, President Banda proceeded to issue the Statutory Instrument in question.

“My prayer is that you call me as a witness to your meeting which will include the examination of the legality of Statutory Instrument in terms of your terms of reference as Parliament’s Committee on Delegated Legislation,” Mulimba stated. “A group of criminal-minded persons who have hijacked the gazetation process in the Sandwe case are in a hurry to hold the last ceremony Kuyanika to install Mr Shadreck Zulu as chief Sandwe. My appeal is that the examination of Statutory In Instrument be expedited by your committee to prevent further illegal acts being taken by Mr Zulu.”


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