Kunda is deceiving himself on constitutionalism, says Imenda
By Bright Mukwasa
Sun 22 May 2011, 04:01 CAT
VICE-PRESIDENT George Kunda is deceiving himself for saying constitutionalism is key to democracy, says Lukulu member of parliament Batuke Imenda. In an interview, Imenda said Zambians had been praying to have a constitution that would support the judiciary to act independently as a way to sustain democracy.
“Vice-President Kunda is deceiving himself. For him to come out like that, if he was serious about the constitution he should not have let the constitution to be defeated in Parliament,” Imenda said.
Imenda said constitutionalism was the only key component that would sort out all governance concerns required for a flourishing democracy, like an independent judiciary.
He said if the current government wished to see a smooth and all-inclusive constitutionalism process, it ought to refrain from influencing such to produce results it desired.
“We have seen the government trying to poke their noses in the judiciary and those (judges) that don't cover the government are sidelined when it comes to promotions while those that did what they want are promoted quickly, very quickly,'' he said.
Imenda said good constitutionalism entailed real independence of the three arms of government. He said for the judiciary to be independent, judges must be appointed by an independent commission.
“Wherever there’s an element of an appointing authority, there’s an element of saying thank you. You know judges are also human. They know that if they give unfavourable judgments against the government then they won’t think of you,” Imenda said.
He said it was unfortunate that Zambians had expressed their wishes through the various constitution review commissions but their calls had kept falling on deaf ears.
Officiating at the Southern African Chief Justices Forum's second Judges Colloquium at the Zambezi Sun hotel in Livingstone on Thursday, Vice-President Kunda, represented by Dr Brian Chituwo, said the government attached great importance to constitutionalism and believed that it was key to democracy, human rights and the rule of law.
“We in government believe that an independent judiciary is fundamental to the rule of law, but that it needs to be enhanced by effective, transparent, ethical and accountable governance,” said Vice-President Kunda.
“The many challenges of our various judiciaries are brought about by the interlocking state organs and their functions.”
Labels: BATUKE IMENDA, CONSTITUTION, GEORGE KUNDA
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MMD will pay for Barotse blood - Imenda
By Mwala Kalaluka
Sun 24 Apr. 2011, 04:59 CAT
THE MMD government will pay for the blood they have shed in Barotseland, says Lukulu East United Liberal Party parliamentarian Batuke Imenda. And a youth activist in Mongu says it is time the youth of Western Province rose to express their solidarity with the young people arrested over the Barotseland Agreement riots.
Reacting to the death of Barotse juvenile detainee, Kabayo Kabayo, who was detained in Mumbwa Prison over the January 14, 2011 Barotseland Agreement-related Mongu riots, Imenda said the MMD's actions against the people of Western Province was no different from what Col Muammar Gaddafi was doing to his people in Libya.
“No amount of cheap propaganda will change or heal our wounds,” Imenda said.
“The victims of the cold blooded killings compounded with fatal injuries and continued persecutions of our people in Mumbwa make our hearts bleed. In this year's elections the MMD government will pay for the blood they have shed.”
Imenda said he saw no difference between what Col Gaddafi was doing to defenceless civilians in his country and what President Rupiah Banda's government did to the people of Western Province on January 14, 2011.
“As we continue seeing horrifying pictures of the Mongu massacre we shall never fail to demand for a public inquiry to enable the nation come to terms with what really happened on the fateful day,” Imenda said.
“In a Christian, democratic and 'peaceful' nation, human blood can never be swept under the carpet. I want to remind people of Barotseland that President Banda told us that he did not need or request for our votes in 2008. The time to withdraw the 2008 votes is now. Let us vote for change.”
Imenda asked President Banda if he thought it proper that the nation was only getting the truth, albeit in piecemeal form, through the efforts of The Post newspaper.
“The answer is a categorical no, we demand for a public inquiry,” said Imenda. “We demand to know the number of people that were murdered, missing as well as those that were maimed as a result of the indiscriminate use of firearms by the police against civilians.”
And Adolescent Reproductive Health Advocates (ARHA) executive director Brian Kayongo said in an interview from Mongu yesterday that Kabayo's death in police custody had angered many people.
“What are we going to talk about if young people are left to die like this? This young man went there Mumbwa Prison very healthy. I think it is a violation of human rights as far as we are concerned,” Kayongo said. “First of all you look at the health of a juvenile. He should have been given special treatment because he qualified for bail.”
Kayongo said his organisation, which advocates for the rights of young people, condemns the police's conduct over Kabayo's death in the strongest terms possible.
“This is one clear violation of young people's rights,” Kayongo said. “It has become clear that the government doesn't look at the future of young people.
One of the roles of the police is to protect life but if we continue losing lives it means they are failing in their duties.” Kayongo said those detained in Mumbwa were not criminals but that they were mere suspects.
“These are not issues of politics. These are issues to do with the lives of the people,” said Kayongo. “We have been quiet because there was no life that was at stake, apart from two lives that we lost, but things are getting into our nerves. As young people, it is high time that we rose and show our solidarity with the young people that were arrested.”
Meanwhile, the government has provided two vehicles from the Western Province Permanent Secretary’s office to collect the body of 16-year-old Kabayo who died on Friday in police custody in Mumbwa .
Labels: BAROTSE FREEDOM MOVEMENT, BATUKE IMENDA, MMD, MONGU
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Lukulu regrets voting for Rupiah
By Bright Mukwasa
Thu 07 Apr. 2011, 04:00 CAT
THE people of Lukulu regret having voted for President Rupiah Banda, says Batuke Imenda. In an interview, Imenda who is ULP Lukulu East parliamentarian, said the people in his constituency would never vote for President Banda as he had failed to deliver on his promises he made during his presidential campaign.
“We regret having voted for MMD and it’s President (Banda) in 2008 and we want to tell them that this year we are ready for them,” Imenda said. Imenda blamed the MMD for the under development of Lukulu, including the poor state of the Lukulu-Kaoma road.
He said President Banda must not brag about the little projects in the district as those were initiated by his late predecessor Mwanawasa.
“He (President Banda) further promised to connect Lukulu to the national grid. That has not been done. In this year’s election we will ensure he gets no massive vote,”Imenda said.
He said it was sad that the district remained under funded as compared to others, saying that was a reverse of the allocation it received during Levy Mwanawasa’s reign whose concern was to lift up Lukulu economically.
He said President Banda should not brag about the little developmental projects as he has failed to initiate his own.
“They should not mislead us about development which was brought by Mwanawasa. They should forget about Lukulu I can assure you.”
Imenda said if the MMD was mindful, the people of Lukulu could have felt to be part of Zambia.
He said people in his contituency had learnt from other provinces that had not voted for him but they had attained some reasonable development.
Labels: BATUKE IMENDA, MMD, PF, RUPIAH BANDA
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MMD is in a hurry to bury itself – Imenda
Written by Mwala Kalaluka
Sunday, October 11, 2009 4:00:09 AM
LUKULU East United Liberal Party (ULP) member of parliament Batuke Imenda yesterday said the MMD is in a hurry to bury itself due to its dictatorial tendencies.
And the MMD in Lukulu district has rejected the directive by the party’s deputy national secretary Jeff Kande that the district executives in the province should be reporting to the Secretariat instead of the dissolved provincial executive committee.
Commenting on the recent dissolution of the entire Simasiku Namakando-led Western Province MMD executive committee, Imenda said undemocratic parties had an inherent tendency of self-destructing.
“Currently, the MMD is in a hurry like UNIP before it to bury itself,” Imenda said in an interview. “The dissolution of the Western Province MMD provincial executive committee signifies a sad development in Zambia’s political dispensation. Once again the country is witnessing the emergence of dictatorial tendencies, which were synonymous with the first and second Republics, which President Banda was part.”
Imenda said a party that was founded on the backbone of democratic principles must not condone the ‘wamuyaya’ syndrome, which he said was currently showing its ugly head in the ruling party.
“President Banda must take leaf from the disastrous third term attempt by former president Frederick Chiluba,” he cautioned. “President Banda must therefore not impose himself on his party members.”
Imenda said the provisions of the MMD constitution with regards to the election of party president were very clear, as Namakando constantly reminded his superiors in the party.
“It is vividly clear to those that wish to care that prior to the 2008 presidential by-election, the MMD held an election to choose a presidential party candidate,” he said. “The Namakando-led executive supported that healthy democratic process and went ahead to campaign for Mr Banda and produced the best results second only to Eastern Province, where Mr Banda hails from.”
Imenda said the MMD’s undemocratic tendencies would lead to its self-destruction.
“It is equally shameful and unbecoming of a ruling party to sponsor some cadres to go and demonstrate against the British High Commissioner instead of addressing people’s concerns,” said Imenda. “Instead, the government is just dwelling on undemocratic issues to confuse the Zambian people from concentrating on real issues.”
And Lukulu MMD vice chairman, Mukata Mukambwa said the party in the district would continue to report to the dissolved Namakando-led provincial executive because it had done nothing wrong.
Mukambwa said it would be a violation of the party constitution for them to report to the party Secretariat when the party national secretary Katele Kalumba had no powers to dissolve a committee.
District MMD youth chairman Mutoshi Chinyama said even if the National Executive Committee (NEC) calls for the election of a new provincial executive committee, it would not be recognised by the membership.
“We have refused to report to the National Secretariat because we have seen nothing wrong with our provincial executive committee or with their position that we should go to the convention,” he said.
Chinyama said if the NEC wanted, they should dissolve all the party’s executive committees starting with the wards, branches, constituencies and districts.
Labels: BATUKE IMENDA, MMD, ULP
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MMD is putting pressure on workers, councillors to ignore theft at Lukulu council – Imenda
Written by Mwala Kalaluka
Sunday, May 17, 2009 3:08:30 PM
LUKULU East United Liberal Party (ULP) member of parliament Batuke Imenda on Friday accused the MMD of pressurizing councillors to gloss over the misappropriation of public funds at Lukulu Council.
Imenda stated in a press release that he had information that an MMD provincial official in Mongu was now interfering in the running of Lukulu Council following the recent audit report on the local authority, which revealed acts of gross financial indiscipline.
"He [MMD provincial official] is putting pressure on council staff and councillors to ignore thefts that have rocked the council," Imenda stated. "The same official is misleading councillors in believing that he has spoken to Hon. Tetamashimba, Minister of Local Government and Housing to protect the Council Secretary from a disciplinary action."
Imenda demanded to know whether MMD as a party tolerated such dirty schemes.
"It is morally wrong and lack of principles for a top party official to protect a corrupt individual," Imenda complained. "We call upon the Anti-Corruption Commission to monitor the dirty activities by the MMD official...we want to know whether MMD as a party tolerates these dirty schemes."
Imenda pointed out that the findings of the latest audit report undertaken by the Ministry of Local Government and Housing on Lukulu Council made sad reading.
"When I met him, the minister [Benny Tetamashimba] categorically put it to me that he was not going to tolerate theft and corruption in his ministry," Imenda stated. "He told me that if the rot in Lukulu District Council will not be corrected in time, he would have no option but to dissolve it."
Imenda expressed concern that despite piling demands on the new Lukulu Council chairman, a Mr Twembuchi and Kabombo to call for a full council meeting to discuss the audit report, this was not being done.
He stated that instead Twembuchi was going around telling people that there was no need to for a council meeting because he knew how the money was spent.
Imenda threatened that councillors would demand Twembuchi's removal as chairman should he abrogate his responsibilities.
He called on the provincial local government officer to order Twembuchi to call for a full council meeting so that the matter could be settled once and for all.
"We assure the nation and Lukulu in particular that this matter will never go to sleep until all culprits are brought to book," pledged Imenda.
Western Province MMD chairman Simasiku Namakando could not be reached for comment.
Labels: BATUKE IMENDA, ULP
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Lukulu MP accuses Chinese contractor of flouting EU rules
Written by Mwala Kalaluka
Sunday, January 04, 2009 7:06:13 PM
LUKULU East United Liberal Party (ULP) member of parliament Batuke Imenda has accused a Chinese contractor of not fully adhering to the European Union (EU) road upgrading conditionalities on the rehabilitation of the Lukulu-Kaoma road.
And Western Province MMD chairman Simasiku Namakando said the rehabilitation of the road in question, which he described as a death trap, was not properly done.
Imenda charged in an interview yesterday that the failure by China Geo-Engineering Corporation (CGC) to follow the performance based road contract conditions specified in the EU funded project had caused the 192-kilometre stretch to deteriorate to unacceptably dangerous levels.
“A Land Rover belonging to the district office of the Ministry of Agriculture in Lukulu got involved in an accident at Nang’andu on New Year’s Day. The vehicle was badly damaged,” Imenda said. “Among the four people who got injured in the accident was the council secretary for Lukulu, Mutakela Kabombo, who was admitted at Lukulu District Hospital.”
Imenda said this latest accident followed numerous others that occurred on the same road in the recent past and expressed sadness that despite being aware of the problem, CGC had not moved in to rectify the defects.
He said motor vehicles were overturning at Kashamba area almost on a weekly basis.
“CGC is aware of all these accidents but they do not seem to care about the loss of property and injuries incurred by road users. Several reminders have been communicated to rightful CGC authorities by the Road Development Agency (RDA) and my office but the advices are falling on deaf ears,” Imenda said.
“The terms of the contract are very clear. CGC will maintain the road for four years from the year of completion of construction of the road.”
Optimum Performance-based Road Contracts (OPRCs) demand that motorists could drive at a minimum speed of 40 kilometres per hour without fear or hindrance by the poor state of the road.
“I implore the Ministry of Works and Supply to speed-up the process of tarring the Lukulu-Kaoma Road,” said Imenda.
And Namakando said the quality of gravel that was used in the rehabilitation process was of poor quality, as it became slippery and muddy during the rainy season.
“There are a lot of accidents that have taken place on that road, some have not been reported. One of the first victims was myself. I had a serious one in 2007 on the same road. It is a very bad road,” he said. “I have requested the Minister of Works and Supply to visit that road with that contractor; that road must be redone.”
Namakando said the people of Western Province had overwhelmingly voted for the current administration and that there was need for the government to reciprocate by improving roads such as the Lukulu-Kaoma, Mongu-Kalabo and Shangombo-Sesheke roads.
But RDA manager for construction and maintenance Stephen Malubila assured that the contractor would revisit some of the bad sections of the road.
However, Malubila said it was usually problematic to construct roads in the Western Province because of the difficulties involved in transporting road construction materials, given the sandy terrain.
“If you transport materials over a long distance, it means the road becomes unaffordable but we will revisit some of those locations on that road,” he said. “It may cost a lot of money but we will find a way around.”
Malubila revealed that a study to find locally available materials that could be used in road construction in the province was underway in the Sesheke-Senanga area.
“A lot of contractors are at times scared that if they do road works in the province, they will be blacklisted because of the above inherent problem of materials,” said Malubila.
Labels: BATUKE IMENDA, CAR ACCIDENTS, CGC, CHINESE, INFRASTRUCTURE, MUTAKELE KABOMBO, ROADS, SIMASIKU NAMAKANDO
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'Lupando incurred unconstitutional expenditure amounting to K10bn'
By Mwala Kalaluka
Wednesday August 13, 2008 [04:00]
THE Parliamentary Committee on Estimates on Monday expressed shock at revelations that former vice-president Lupando Mwape incurred unconstitutional expenditure amounting to K10 billion from his ‘extraordinary’ travels during campaigns for the 2006 general elections. And State House incurred unconstitutional expenditure amounting to K553 million in 2006 as a result of payments towards unforeseeable events that required attention.
Explaining the Office of the Vice-President’s (OVP) supplementary expenditure for the year ended December 31, 2006, OVP permanent secretary for administration Austin Sichinga said the K10,563, 525,456.00 was realised because President Levy Mwanawasa had delegated part of his job to Mwape.
“You will recall that this was a year of an election. The President dissolved the government, the parliament and Cabinet as well, except for the Office of the Vice-President and the President’s Office,” Sichinga said.
“This created an extraordinary travel movements for his Honour.”
Sichinga explained that the election also culminated into the appointment of a new vice-president.
“I had, therefore, to prepare the office and Government House for the new Vice-President. These extraordinary activities exceeded our budget projection and, therefore, I had to ask for supplementary budget,” Sichinga justified.
He said the Parliamentary Business Department of the OVP incurred unconstitutional expenditure of K28,319,028.00 in the year under review because of an increase in the number of Action Taken reports that needed to be submitted. Sichinga said the number of parliamentary committees had increased from nine to 21 and consequently the reports to the committee had become bulky.
He further said that the drought experienced in most parts of the country in 2005 and 2006 caused the Disaster Management and Mitigation Unit (DMMU) to overspend by K3 billion.
But Lukulu East ULP member of parliament Batuke Imenda said it was surprising that the vice-president, who was supposed to defend his own constituency, had to incur such a huge amount of supplementary expenditure during an election year.
Bwacha MMD member of parliament Reverend Gladys Nyirongo asked Sichinga to explain what he meant by ‘extraordinary travel movements.’
Rev Nyirongo said during the time the amount was incurred, President Mwanawasa’s health was not okay and he had been advised to tone down on his travels.
“If you look at the expenditure of the President on these elections, it is only K3 billion. But here is the Office of the Vice-President going into K10 billion!” she wondered. “It is completely unbelievable for the Office of the Vice-President to gobble K10 billion just on political campaigns and on disaster management.”
Lusaka Central PF member of parliament Guy Scott said it was shocking that about US $3 million worth of extraordinary expenditure was awarded to one man to go round the country campaigning for his party.
Luampa UPND member of parliament Josephine Limata said the amount was extraordinarily huge more so that former vice-president Mwape was a candidate like any other.
In response, Sichinga said the OVP did not have to ask for funds from the Office of the President in a situation where the Vice-President has been asked to do a delegated job by the President.
Committee chairman Godfrey Beene asked Sichinga to explain to what extent he as controlling officer could put his foot down before any unconstitutional expenditure was authorised.
“If we make a precedent of approving K10 billion, next time we might approve more than this at the expense of taxpayers,” Beene said. “We should not be taking advantage of situations.”
However, Sichinga said whilst his job was to ensure prudent use of public resources, the issue under discussion was a constitutional one. He said the Vice-President’s trips were usually expensive in view of the high number of people involved.
“You can’t go to the President and say Mr. President I can’t pay this because it is political,” Sichinga said.
He promised to break down the K10 billion for the committee after asking it to help controlling officers avoid such situations in future.
And State House principal private secretary Alfred Chipoya told the committee that K28, 567, 500.00 was the supplementary expenditure incurred by State House on the purposes of de-worming and treatment of wild animals at State House following the outbreak of tick-borne disease. He said K50 million was the unconstitutional expenditure incurred on payments for settling-in-allowances for officers who were appointed in the civil service after the restructuring of State House.
Chipoya also said K25 million was incurred as supplementary expenditure following the connection of State House to Zamnet and for line rentals. He disclosed that K450 million was the excess expenditure on transport management.
“The sum of K300 million incurred was a result of a general increase in fuel prices through out the country,” Chipoya said.
“And the sum of K150 million was incurred on insurance premiums for escort vehicles and motor cycles which were procured for State House (special duties) by Ministry of Works and Supply; this was not in our initial budget.”
Meanwhile, permanent secretary for administration at Cabinet Office, Mubita Kalabo, was turned away by the committee after it was realised that the figures in his memorandum and those in the Supplementary Appropriation (2006) Bill, 2008 were not corresponding.
Labels: BATUKE IMENDA, GLADYS NYIRONGO, LUPANDO MWAPE, PARLIAMENTARY ESTIMATES COMMITTEE
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