(LUSAKATIMES) Lunda chief wants decentralization policy implemented now
Time Posted: December 26, 2013 9:24 am
Chief Ntambu of the Lunda speaking people in Mwinilunga district has appealed to government to expedite the process of implementing the national decentralization policy.
Chief Ntambu said decentralization is the only vehicle through which development can reach people in rural areas and attain meaningful socio and economic development.
He said this during a consultative meeting with traditional leaders on the national decentralization process organised by Caritas Zambia held in Mwinilunga district yesterday.
Chief Ntambu expressed worry at the rate at which development in rural areas is moving saying once the decentralization policy is fully implemented poverty levels among people will reduce.
Speaking at the same function, Caritas Zambia pro- poor and economic justice manager for North western province Isaac Mungwala said people must not look at decentralization as a way of dividing the nation.
Mr Mungwala said instead the process should be viewed as a mechanism put in place to increase citizen participation to effectively implement the national developmental agenda.
Mr Mungwala urged people to support the government of the day and its policies by expressing their opinions on issues such as the decentralization process so that it could be done in good faith.
And Mwinilunga District Commissioner Masela Chinyama said government has taken a bold step of devolving some powers to lower organs through the decentralization process, the initiative she said must be supported by all citizens.
Ms Chinyama said government wants its people to have access to quality social services and appealed to the ministry of local government and housing spearheading the implementation of the decentralization policy to ensure that it is implemented in time.
http://www.lusakatimes.com/2013/12/26/enough-maize-country-government-banning-exports-asks-jctr/
MAIZE, JCTR, LEONARD CHITI,
(LUSAKATIMES) If there is enough Maize in the country, why is Government banning exports, asks JCTR
Time Posted: December 26, 2013 2:58 pm
The Jesuit Centre for Theological Reflection (JCTR) says there is need for more clarity from the government with regards its intention to sign a Statutory Instrument (SI) banning the export of maize.
JCTR Director, Fr. Leonard Chiti has told Qfm in an interview that in as much as the ban on maize exports is necessary, there is need for government to explain what has necessitated such a decision in view of earlier assurances that there was enough maize in the country.
Fr. Chiti says the Patriotic Front should stop misleading Zambians by making pronouncements contrary to the situation on the ground, which he says has become characteristic of the PF.
He adds that Zambians are left to wonder what is going on in the agriculture sector and the governance system.
Fr.Chiti further states that Zambians are beginning to get worried and cannot trust the Patriotic Front administration in view of conflicting pronouncements.
Agriculture Minister Robert Sichinga has indicated that government is expected to sign a Statutory Instrument (SI) banning maize exports to stabilize Mealie meal prices in the country.
Labels: CARITAS, CHIEF NTAMBU, CHIEFS, DECENTRALIZATION
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Michael and the chiefs
Wed 19 Sep. 2012, 10:30 CAT
To govern is to communicate. And the meeting of our chiefs from Southern Province and President Michael Sata at State House on Monday revealed the importance of communication.
That meeting demonstrated the fact that our chiefs have a very positive contribution to make towards good governance. According to what we are told by a chief who participated in this meeting, the chiefs and the President were very frank with each other.
The chiefs raised issues with the President for not consulting them on the realignment of Itezhi-tezhi and Chirundu districts. They also told the President that they were concerned with the low numbers of their "children" being appointed to government positions. The responses from Michael were equally frank and honest. Michael agreed with the chiefs on the need to consult. They all agreed on the need for continuous engagement. This is very important because our society comprises a great diversity of interests and individuals who deserve to have their concerns listened to and their views respected.
This is the true meaning of revolutionary democracy. It is a growth in the confidence, in the power of ordinary people to transform their country, and thus transform themselves. It is a growth in the appreciation of people organising, deciding, creating together. It is a growth in fraternal love and understanding.
Participatory governance is measured by the levels of enjoyment by citizens of the goods of society. Service delivery is a way by which a government demonstrates its obligations to the people for whom it is put in place. The ease with which people access various services corresponds directly to the level of their involvement in their own governance. Every citizen has a responsibility to take care of available facilities and to co-operate with government to bring about positive change in his or her community.
Persons chosen to represent the masses in positions of authority are, precisely, chosen to serve. The primary motivation for a person seeking a position of authority should be a deep desire to help others. Attentiveness to the needs of the persons being served is essential to an understanding and fulfilment of this deep desire to help and serve others. Servant leadership encourages the active participation of all members in building one another and society at large.
We believe that the strength of a democracy lies in the involvement of people in their own governance. As such, participation is a key component of any democracy.
We also believe that participatory governance generates an environment where matters of abuse of power, corruption and such other social evils could be controlled and even overcome.
This meeting also demonstrated the importance of dialogue. Dialogue, listening to others and sharing our beliefs with others is not a choice for us; it is a must.
Dialogue is an essential path for the promotion of peace and unity in our country. And all practical steps should be taken to promote dialogue in our country.
In dialogue, one can compare different points of view and examine disagreements.
Through that dialogue, Michael was able to explain to the chiefs the purpose of realignment of districts and the need for decentralisation. He was able to show the chiefs that there was nothing sinister, nothing evil with what government was doing. And that everything was being done to promote the common good.
This meeting also shows us that there are several actors and many viewpoints in any given society. And therefore, participatory governance requires mediation of the different interests to reach a broad consensus on what is in the best interest of the whole community. It also shows us that it requires a broad and long-term perspective on what is needed for sustainable human development and how to achieve the goals of such development.
It is only through a decentralised type of government that the views, interests and desires of everyone in society can be represented through the functions of government. Participation constitutes a right which is to be applied both in the economic, social and political field. And both the chiefs and Michael seem to stand for that.
But all this can only be done together. We must do it together. We must work for it together. We must plan for it together.
It is said that leaders lead, but in the end the people govern.
We need innovation and creativity but not without consultation or participation of others.
The masses of our country have placed great powers in Michael's hands, which he has to share with others as it is fitting that he should, as it is correct for him to do, as it is his duty to do.
We sincerely and firmly believe in the principles of collective leadership. We believe in collective leadership; we believe that history is written by the masses; we believe that when the best opinions, the opinions of the most competent men and women, the most capable men and women, are discussed collectively, they are cleansed of their vices, their errors, of their weaknesses, of their faults. We believe this is the only way we will be able to build a nation with pride in itself; a thriving community, rich in economic prosperity, secure in social justice; a land in which our children can bring up their children with a future to look forward to. Together we can turn this country round and take away despair from our people and give them hope.
The approach that Michael is taking needs to be encouraged because it is the right way to go. Nobody should be left out apart from those who want to be left out. All those who want to participate should be given the opportunity to do so. We can only change things by working together like beavers, shoulder to shoulder with each other.
And the chiefs have a role to play. Let's give them an opportunity to freely play their role. Michael has to govern with the chiefs and with every one of us.
It is said that the best government in the world, the best parliament and the best president, cannot achieve much on their own. And it would be wrong to expect them on their own, alone, to change this country for us. Democracy includes participation and, therefore, responsibility from all of us. It's up to us all, and up to us only, to change our country and our lives for the better.
Labels: CHIEFS, DECENTRALIZATION, DISTRICTS, MICHAEL SATA
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Sata establishes two new districts
By Moses Kuwema
Tue 10 July 2012, 13:23 CAT
PRESIDENT Michael Sata has with immediate effect created two more districts in Central and Lusaka provinces. The newly established districts are Rufunsa and Sibuyunji.
"...Would you please as a matter of urgency and in consultation with other stakeholders, let me know the area where you intend to build the district headquarters," read the excerpt from President Sata's letter to the provincial ministers responsible.
President Sata has established the districts in line with his promise to decentralise government operations for the effective and efficient delivery of services to the people.
The President directed the two ministers to liaise with all stakeholders, political parties and the traditional leadership for the smooth running of their respective provinces.
This is according to a statement made available by special assistant to the president for press and public relations, George Chellah.
Meanwhile, President Sata has appointed Dr Velepi Mtonga as Permanent Secretary Public Service Management Division to replace Dr Rowland Msiska who he has moved to Cabinet Office as second deputy permanent secretary.
President Sata has created an additional position of deputy permanent secretary, Cabinet Office.
Dr Msiska joins Teddy Mulonga as the second Permanent Secretary.
The duo is likely to be sworn in today.
Dr Mtonga was permanent secretary for a short time during Rupiah Banda's reign.
Labels: DECENTRALIZATION, DISTRICTS, MICHAEL SATA
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Draft Constitution to decentralise appeals court
By Tilyenji Mwanza
Sun 08 July 2012, 13:24 CAT
FOREIGN affairs and tourism minister Given Lubinda says the constitution making process has full political guidance and will.
And technical committee chairperson justice Annel Silungwe says the new draft constitution provides for the decongestion of the High Court through decentralisation.
Addressing an ecumenical committee from Kabwata, Kamwala and Libala at St Peters Anglican Church in Lusaka, Lubinda, who is also Kabwata member of parliament, said political leadership is supporting the process of constitution making.
"This process was started by politicians and the political leadership are supporting it and want it to come to an end as soon as possible," Lubinda said.
He said the government is driven by the interest groups and not political groups as the former carry the will of the people.
Lubinda said the draft constitution published is for prosperity and should stand the test of time.
"Each one of you should know that every word you utter should be of prosperity for a better Zambia. I understand that certain clauses may affect you but break free from the bondage of man; be selfless and contribute for the good of everyone and not just selfish needs," he said.
Lubinda also assured the people of Kabwata that he would not abandon them.
And justice Silungwe said the current draft constitution will not have any executive intervention and will be a clear reflection of the people.
He said the previous constitutions were under the enquiries Act and were submitted to the appointing authority and Cabinet for scrutiny.
"This is not the case with the current draft constitution; it does not require government to produce a white book or remove parts they are not happy with. If government officials want to make changes, even they have to make submissions like everyone else," he said.
Justice Silungwe, however, observed that for the constitution to be enacted,
there is need for a referendum which is scheduled to take place next year.
He said he was sure that the referendum would take place as the bill of rights cannot be amended without it.
"The referendum will based on the 2010 census therefore more people will be eligible voters and the fifty percent will be met easily," justice Silungwe said.
And justice Silungwe said the new constitution will decentralize the High Courts to all corners of the country, adding that there is a provision for the introduction of constitutional courts.
He said the constitutional courts will be at the same level as the Supreme Court and will be courts of first and final instance (no appeals) and will be headed by Chief Justice.
Justice Silungwe said all election petitions and human rights matters will be heard in the constitutional courts and no further appeals can be made once ruling has been passed in this court.
He also clarified that the president would not have powers to remove an elected vice-president that the in an event that running mate clause is adopted.
"A vote for the president will be a vote for the running mate. However, the president will not have power to fire the running mate because he would have been voted in by the nation and will be a representative of the majority," he said.
Silungwe further clarified that the introduction of the duo citizenship clause is not to give foreigners Zambian jobs but to allow them to be given citizenship and will be forced to invest in Zambia for sustainable development.
Labels: APPEALS, CONSTITUTION, DECENTRALIZATION
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Caritas rules out incapacity on delay in decentralization
By Christopher Miti in Chipata
Mon 23 Apr. 2012, 13:27 CAT
CARITAS-Chipata governance unit coordinator John Mthaziko Zulu says the delay to implement the decentralisation policy should not be attributed to the alleged lack of capacity by the local authorities.
During the Eastern Province discussion forum on service delivery for sustainable development following the launch of the 2011 Zambia Human Development Report on Thursday, Zulu said when looking at the capacity of the local authorities,
focus should not be on the people currently holding the offices but the structure of the system of the local authority.
"If we have all the structures in place as stipulated, I think it will be very easy to find people and fit them in those structures. So what type of capacity are we talking about? So definitely we see this excuse as a way of delaying the implementation of the decentralisation policy," Zulu said.
He said currently service delivery seemed to be difficult because the country had a big government and a small community.
"What we need to do now is to turn things we need to have a small government and a big community or society. We must see a lot of activities happening in our society, the planning, the implementation and the monitoring should be done within our society not the central government," Zulu said.
And Eastern Province youth coordinator David Musonda said the youth should be actively involved in service delivery and development of the country.
Musonda said according to statistics, youths were still the majority in the country and that they could play a big role in the development of the country.
Musonda said youths were heavily impacted by issues that the Zambia Human Development 2011 Report had reflected such as education, health and agriculture.
Labels: CARITAS, DECENTRALIZATION, JOHN MTHAZIKO ZULU
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Farmers urge decentralisation of animal testing centres
By Gift Chanda in Namwala
Sat 07 Apr. 2012, 13:29 CAT
FARMERS have called for the decentralisation of animal testing centres to boost the livestock sector growth. During the first ever livestock field day held in Namwala on Wednesday, farmers condemned the current situation where testing of animals for diseases is only done in Lusaka.
They observed that since the outbreak of the contagious bovine pleuropneumonia (CBPP) animal disease, the testing of blood samples for disease screening before cattle is moved from one district to another is still done in Lusaka at Balmoral, a situation they said was hampering the growth of the country's beef sector.
"There has been some progress in disease control but at a huge cost to the farmers," said Zambia National Farmers Union president Jervis Zimba, who spoke on behalf of farmers.
"Farmers have to bring their blood samples at their own cost to Lusaka for testing…this has been a major cost and hurdle. But going forward for the livestock sector to be vibrant, there is need to decentralise the testing of animals to bring the services closer to the farmers in the districts or regions as a matter of urgency."
Zimba further noted that livestock theft was another challenge hampering the growth of the sector, especially the beef industry.
"Our farmers continue to live in fear of losing animals, which is their main source of livelihood and store of wealth, not to mention that even their lives are at the mercy of cattle rustlers," Zimba said.
"We would like to appeal to the government to put in place legislation which should make cases of cattle rustling to become non-bailable offence. The government should introduce stiffer penalties such as ‘any vehicle caught with stolen carcass' should be forfeited to the state. This would go a long way in deterring cattle theft."
He said the sector was still in its infancy and required support to develop and grow.
Zimba also noted that the increased maize bran exports had pushed up stock feed prices.
"The farmers are facing difficulties in accessing maize bran for supplementary feeding of animals. If this situation is not addressed, Zambia could become a net importer of beef instead of increasing local production…this problem requires a permanent solution from the government," said Zimba.
"The farmers are also concerned that there is little support towards research for the livestock sector development."
And agriculture deputy minister, Brigadier General Benson Kapaya said his ministry had formulated a draft Livestock Development Policy to guide effective implementation of priority programmes and activities needed to fast track the development of the sub sector in Zambia.
Brig Gen Kapaya said the government had embarked on programmes to establish livestock service centres in all districts to improve service delivery and establish breeding centres to increase stock at affordable prices to farming communities.
He also explained that the livestock development policy would provide a secure and conducive environment for production, marketing and trade.
Brig Gen Kapaya said the policy would also promote diversification of livestock production base, build and maintain national capacity to deal with adverse climatic variations, disease outbreaks and other emergencies.
Labels: CATTLE DISEASE, DECENTRALIZATION, JERVIS ZIMBA
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COMMENT - Real decentralisation is the way to go. Of course that would take some investment in capacity building at the local government level. Which means a Windfall Tax. This is the cost of not taxing the mining sector.
Nawakwi calls for clarity on decentralisation policy
By Kombe Chimpinde
Wed 29 Feb. 2012, 09:50 CAT
FDD leader Edith Nawakwi says the re-alignment and formation of new districts was not in itself devolution of power from the central government.
In an interview, Nawakwi, who finance minister in the Chiluba regime, challenged the government to clearly state its decentralisation policy to make various stakeholders buy into it.
She said the formation of new districts and re-alignment of others without consultations, a clear plan and programme for decentralisation would only end at creating agony and confusion among stakeholders.
"What the government must be telling us is what the policy is. Isn't there any direction which has been put on the table for people to discuss?" she asked.
"The mere fact that government is creating districts is not decentralisation. Decentralisation means delegating financial and political management to the district, devolution of political and economical power to the districts. If you go to the council, they are waiting for the central government to support them. I have been a student of economics, we always have a plan, you put money to a plan. You also need to have a strategy."
She said President Michael Sata's re-alignment of districts without a clear roadmap, sensitisation and consultation among stakeholders was creating anxiety.
"People are rebelling because they don't understand what the government wants. So we first make people understand and if people don't agree to the system because they do not understand it, they will not support it," said Nawakwi.
The government has embarked on realignment of districts and created an additional province, Muchinga, in its efforts to devolve power from the traditional central government system of governance.
Labels: DECENTRALIZATION, EDITH NAWAKWI
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Crop subsidy to be extended to other crops other than maize-Guy Scott
TIME PUBLISHED - Sunday, February 26, 2012, 5:56 pm
Vice President Guy Scott says government will consider subsidizing the production other crops other than maize. Dr Scott says this is in an effort to promote crop diversification in the country.
He explained that government has been subsidizing maize production at the expense of other cash crops. The Vice President was speaking on Saturday night when he met the business community in Chipata.
Dr Scott has also called on the business community to supplement government’s efforts of creating jobs for the people.
And Local Government Minister Nkandu Luo says local authorities are not yet ready to implement the decentralization policy.
Professor LUO says councils need capacity building if they are to effectively implement the decentralization policy.
Meanwhile, Traditional leaders in the Eastern Province have pledged to work with the Patriotic Front government in developing the country.
Paramount Chief Mpezeni of the Ngoni speaking people says chiefs have an obligation to work with the government of the day.
The traditional leader said this at a breakfast meeting through his representative Chief Nzamane in Chipata on Sunday morning.
Paramount Chief Mpezeni hosted a breakfast in honour of Vice President Guy Scott and his delegation.
And Dr. Scott says government is serious about restoring the authority of traditional leaders.
And Chieftainess Nkomeshya of the Soli people expressed concern about a circular, which was issued last December indicating that no government official will be invited to be guest of honour at traditional ceremonies.
She explained that traditional ceremonies are a fora, where both government and traditional leaders discuss issues.
But Minister of Chiefs and Traditional Affairs Inonge Wina says government is ready to dialogue over the matter.
[ZNBC]
Labels: CHIPATA, DECENTRALIZATION, GUY SCOTT, MAIZE, NKANDU LUO
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Government to decentralise Commission of Investigations
By Fridah Nkonde in Ndola
Sun 19 Feb. 2012, 11:59 CAT
COMMISSION of Investigations Investigator-General Caroline Sokoni says the number of complaints received from the Copperbelt against public institutions has reduced over the last three years. And Sokoni says the government will decentralise the Commission in all provinces and districts in the country within the next two years to increase its accessibility.
During a meeting with heads of departments at the end of the commission's sitting in Ndola on Friday, Sokoni said the commission would also be restructured and upgraded so that the case resolution rate is improved countrywide.
Sokoni said during their sitting in Ndola, the commission had dealt with 48 complaints, adding that 15 cases had since been concluded, five transferred to relevant offices while 28 cases were still pending.
"The commission will embark on a sensitization exercise to inform people about its existence because few people know that they have a body to complain to if they are not happy with the services they are receiving from a particular public company. Copperbelt could have recorded a reduction in the number of complaints because there is minimal maladministration in the province," she said.
Sokoni said they received more complaints from the civil servants than members of the public because they had little or no knowledge about the commission.
She said most complaints were related to non-payment of retirement packages, salaries and overtime, which she related to some officers not knowing their entitlements.
"My advice to you heads of departments is to find means and ways to pay workers monies that is owed to them so that it does not accumulate. It is important that public service workers are appraised annually which would help district and provincial offices to identify and monitor the progress of their officers for purposes of promotions and retirements," she said.
Sokoni said the existence of the commission was to investigate acts of maladministration and abuse of office in public institutions constituted under article 90 of the Zambian Constitution, except for the office of the President and the Judiciary.
"Government will make the decentralisation of the Commission to all provinces and districts a priority within the next two years. The case resolution rate is being addressed through the restructuring of the commission later this year and the computerisation of the case management system," said Sokoni.
Labels: CAROLINE SOKONI, DECENTRALIZATION, INVESTIGATOR GENERAL
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COMMENT - I am all for decentralisation to the local government level, because it increases democratic accountability. However, in the hands of traitors like the MDC, devolution is mere balkanisation, and only puts local elites in charge.
Draft constitution fudges devolution
16/02/2012 00:00:00
by Lovemore Fuyane
THE drafters of Zimbabwe’s new constitution are involved in a complex process which is without precedent.
The process began with an odd outreach process where workshops were soon overrun by the political types. Armed only with blank sheets of paper, we are told outreach teams captured every point of view from these sessions and these are now being distilled into constitutional language by a small minority of three drafters.
That is not the end of course. The draft constitution must still be taken through various vetting and consensus building stages, followed by numerous revisions no doubt, and ultimately the envisaged referendum.
That said, I finally received a copy of what has been reported widely as the so called draft constitution which the Constitutional Parliamentary Committee (COPAC) has thus far compiled.
Like all interested Zimbabweans, I also went through it and did indeed note that it is in fact a very rough draft. The first error I picked up on was in the title where it says “Constitution of Zimbabwe” which I presume ought to read “Constitution of the Republic of Zimbabwe”.
Perusing through the document, one picked up numerous other errors including typos and spelling mistakes. However, the purpose of this article is not to critique the cosmetic issues but rather the substance of what is currently contained in sections of the document and hope that whoever reads this article, including the drafters themselves, takes this in the positive light it is intended.
My first and most important criticism of the documents as it stands, particularly in Chapter 4 “Declaration of Rights” – normally referred to as a Bill of Rights in other constitutions – is that it makes very little attempt to definitively identify and recognise Zimbabwe’s multiple and distinct ethnic and language groups or make their languages official in any shape or form.
While I appreciate that one of the key stated objectives is to foster unity, the truth of the matter is that there is in fact greater unity in diversity. Apart from making vague mention of the need to protect people’s rights to communicate in their chosen language (Chapter 4.13), the document makes no provision or undertaking that the speakers of these languages will be supported by the state in order to promote and grow their identity where they live.
One also does not have any sense that the state will ensure there is equitable access to state resources by geographic location and therefore local demographics in virtually the entire document. Taking a hypothetical example, this may well all mean that a government administrator can still be employed to work in an area where he or she cannot converse in the local language and be perfectly entitled to speak in his own language to the detriment of the local population he is deployed to serve.
The right to belong to an ethnic group is simply not guaranteed in this draft constitution. It does not recognise that certain languages in specific geographic locations can in fact be considered official, neither does it commit the state to support such ethnic identities through appropriate support via the education curriculum, the media or deployment of state resources and administrative employees in support of local demographics.
As far as local employment practices favouring demographics are concerned, the document is completely silent yet all these are rights enshrined in international statutes. Under founding values, the draft refers to “the fostering of national unity, peace, and stability, with due regard to diversity of languages, customary practices and traditions” yet in practice this is really nowhere in the body of the document.
My second and most important concern with the draft document is that as far as it deals with devolution of executive powers, in Chapter 5, it completely fails to define what such devolution entails. It makes no mention of the proposed geographic divisions over which it will apply, how the people administering such devolved divisions will be appointed, whether by direct election or party deployment or via the executive as is the case with the current group of provincial governors.
My reading of the draft is that the drafters have currently left this wide open to parliament to finalise such definitions, completely disregarding the fact that the idea did not originate in parliament but with the people themselves. Why indeed was further input not sought from the source of the idea?
It is partly the failing of the Zimbabwean national parliament that has given rise to the grievances that brought the idea about in the first place. How then can you return this delicate issue to the same house of parliament that has failed to represent the people as far as the issues they want devolution to solve are concerned?
The document goes to great lengths to define the role of the executive, how they will be elected and does exactly the same as far as the national parliament and senate are concerned but when it comes to devolution, it effectively defers this back to parliament via the powers it assigns parliament.
All the various clauses do is explain the need for devolution of the different spheres of government as well as emphasising the power of parliament as far as conflicts may arise in locally promulgated legislation and the constitution. It says that parliament can nullify provincial legislation without making reference to any attempt to resolve disputes amicably in the interests of the affected people. In South Africa this is known as cooperative governance.
It would appear all the drafters did was to mention devolution, then spent the bulk of their time on this chapter emphasising the supremacy of the national parliament over the devolved structures as if this was not already obvious elsewhere.
The drafters commit an entire two sub sections 5.6 and 5.7 dealing with conflict between parliament and the provincial legislature, but make no attempt to define the subordinate structure. In fact it is in these sub-sections that one gets the hint that the devolved structures may well comprise some kind of legislature.
It is well and good that parliament has overriding authority over the provinces, but why not provide a straw-man model of exactly how such provincial governing authorities would come about, or what their powers ought to be so that the people can at least have something to work with and critique?
At the moment I am afraid what the drafters have produced amounts to a reproduction of the simple verbatim words from the outreach calling for devolution. I am certain that as far as the people who called for it are concerned, should they read through the document, they too would likely share my sentiments.
Indeed, there are many other aspects that still require beefing up in the document, many which I have no doubt other commentators will also touch on as we forge ahead.
Let us collectively build a secure, peaceful, economically vibrant and just Zimbabwe that is able to respond to the needs of all its citizens.
Lovemore Fuyane is a Zimbabwean who is resident in South Africa
Labels: CONSTITUTION, DECENTRALIZATION, DEVOLUTION
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ACC to sign MoU with Auditor General's office
By Moses Kuwema
Mon 13 Feb. 2012, 12:59 CAT
ANTI-CORRUPTION Commission director general Rosewin Wandi says the commission will soon be signing a Memorandum of Understanding with the office of the Auditor General which will enable her institution to be taking prompt action on cases cited in her reports.
Speaking when she appeared before the parliamentary committee on legal affairs, governance, human rights and gender matters last week, which was looking at public sector corruption; the procurement process of goods and services, Wandi said negotiations between the two institutions had been going on since December.
"As the ACC, we have started being proactive. Since December we have been negotiating with the Auditor General so that as they carryout their audits and discover corrupt cases, they can be reporting to us and we hope to enter into a memorandum with them," Wandi said.
Wandi, however, said in the Auditor General's report there were varying highlights which are usually brought and some of which were to do with theft and could best be handled by the police.
"We need to be sitting law enforcement agencies so that when the Auditor General's report comes out, we decide who takes what. For the previous reports, we have set up a team of officers who will look at the cases which can be taken up by the ACC," she said.
And Wandi said corruption and any other related malpractices in the procurement system in the country was under-productive and impacts negatively on national development and that it generally erodes the society's moral fibre.
She said corruption in the procurement and award of contracts lowered the quality of public infrastructure, lowers expenditures on education and health.
"Public sector corruption in award of contracts in the road sector has led to poor workmanship on our road network. Most of the roads which are constructed either get washed away or eroded in the next rainy season or do not last for a long time," Wandi said.
Wandi said as a result of corruption, some companies awarded road contracts lacked trained manpower, machinery and experience.
She said this was costly for the government because it had to spend more on road construction instead of investing in other sectors of the economy.
Wandi said a clear demonstration of the effect of corruption in the procurement and award of contracts were the recent award of road contracts by the Road Development Agency for the rehabilitation and upgrading of urban roads in the run-up to last September's general elections.
Wandi said a company called Jiangsu Wujin Corporation was awarded a contract to upgrade urban roads in Kabwe and Kapiri Mposhi at a cost of over K117 billion and that the Chinese company submitted a fake security bond and obtained a K5 billion advance payment on the project.
Wandi said due diligence could have been taken to avoid all this but that the problem was that corruption results in individuals disregarding the procurement law, tendering rules and regulations.
She further said there was need to encourage people to report cases of corruption through sensitisation on the public interest disclosure (protection of whistle-blowers Act) number 4 of 2010.
Wandi said there was need to increase funding to the ACC and expand the organisational structure to decentralise the operations to the district level.
Labels: ACC, AUDITOR GENERAL, DECENTRALIZATION, ROSEWIN WANDI
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Chirundu, Itezhi-tezhi leave S/Province
By Bright Mukwasa
Tue 07 Feb. 2012, 13:01 CAT
PRESIDENT Michael Sata has with immediate removed Chirundu and Itezhi tezhi from Southern Province and added the districts to Lusaka and Central provinces, respectively.
But UPND chairman for elections Ackson Sejani says it is unwise to remove Chirundu from Southern Province and put it to Lusaka. Meanwhile, President Sata has appointed Evans Chibiliti as Secretary to the Cabinet subject to ratification by Parliament.
He has also appointed youth and sports permanent secretary Teddy Mulonga as deputy secretary to the Cabinet in charge of administration.
In a memorandum to Chibiliti, President Sata directed that a government gazette notice be issued to move the recently created Chirundu district from Southern Province to Lusaka and Itezhi-tezhi district to Central Province.
President Sata consequently directed that the Surveyor-General moves in quickly to align the boundaries of the two districts on the new provinces to which they have been re-located.
President Sata said the re-alignment was part of his robust programme to give practical expression to the decentralisation programme and eventual devolution of power to districts.
"In line with our government policy guided by the Patriotic Front manifesto, we consider local government as a central feature of the party's broader aspiration of a well devolved power structure where decision-making processes are as close as possible to the people," President Sata said in a statement issued by his special assistant for press and public relations George Chellah.
He said the decentralisation policy would only show results once practical steps are taken to properly position both geographical and administrative systems.
"It is a fact that a district such as Itezhi-tezhi is difficult to administer and pose huge logistical problems to be serviced because it is poorly located from the central administration point in Southern Province," President Sata said. "For instance, to efficiently access Itezhi-tezhi, people have to pass through Lusaka and Central provinces. It is for this reason that this government sees an urgent need to discontinue this sad scenario which has denied our people the much needed development for many years now."
President Sata said the move to re-align the districts was in a bid to improve service delivery and public administration.
But Sejani, during a press briefing in Lusaka yesterday, said the decision to move Chirundu and Itezhi-tezhi from Southern Province to Lusaka and Central provinces, respectively could only be from a person who has a hidden agenda beyond what had been explained.
"Chirundu is historically, culturally, economically, politically part and parcel of Gwembe Valley that stretches from Chirundu to Livingstone. It would therefore be unwise to suggest that Chirundu is moved from Southern Province. This will not be allowed to happen in a democratic dispensation," Sejani said.
He also said the proposal to move Itezhi-tezhi from Southern to Central Province would disorient the local people.
"Imagine what will become of Southern Province if Chirundu is taken to Lusaka Province and Itezhi-tezhi to Central province, meaning the Kariba and new Itezhi-tezhi hydro-power stations will be removed from Southern Province. These boundary schemes are meant to deny some provinces of key revenue sources after devolution of power," he said.
Sejani advised President Sata and the PF administration to appoint an inclusive delimitation commission so that national consensus is achieved in the process of decentralisation.
Labels: ACKSON SEJANI, CHIRUNDU, DECENTRALIZATION, DISTRICTS, EVANS CHIBILITI, MICHAEL SATA, PROVINCES
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President Sata moves Chirundu and Itezhi Tezhi districts from Southern Province, UPND reacts
TIME PUBLISHED - Monday, February 6, 2012, 1:49 pm
President Michael Sata has with immediate re-aligned two districts in Southern Province in a bid to improve service delivery and public administration. In a memorandum to the Acting Secretary to the Cabinet Mr. Evans Chibiliti, President Sata directed that a Government Gazette Notice be issued to move the recently created Chirundu District from Southern Province to Lusaka and Itezhi Tezhi District to Central Province.
The President consequently directed that the Surveyor-General moves in quickly to align the boundaries of the two districts on the the new provinces to which they have been re-located. The re-alignment is part of the President’s robust programme to give practical expression to the decentralisation programme and eventual devolution of power to districts.
“In line with our Government policy guided by the Patriotic Front Manifesto, we consider local government as a central feature of the party’s broader aspiration of a well devolved power structure where decision-making processes are as close as possible to the people,”the President said.
The President takes a view that the Decentralisation Policy will only show results once practical steps are taken to properly position both geographical and administrative systems.
“It is a fact that a district such as Itezhi Tezhi is difficult to administer and pose huge logistical problems to be serviced because it is poorly located from the central adminstration point in Southern Province,”President Sata said.
“For instance, to efficiently access Itezhi Tezhi, people have to pass through Lusaka and Central provinces. It is for this reason that this Government sees an urgent need to discontinue this sad scenario which has denied our people the much needed development for many years now.”
Meanwhile, President Sata has appointed Mr. Evans Chibiliti as Secretary to the Cabinet subject to Parliament’s approval. And the Head of State has promoted Youth and Sports permanent secretary Mr. Teddy Mulonga as the new Deputy Secretary to the Cabinet in-charge of Administration.
And the opposition United Party for National Development (UPND) has accused President Michael Sata of attempting to redraw the map of the country in an effort to gain political advantage.
UPND Chairman for elections Ackson Sejani says there is no way President Sata can decide to move Chirundu from Southern Province to Lusaka province without consultation from necessary stakeholders.
Mr. Sejani says the PF government should be careful with their maneuvers stating that if not stopped, they the potential bring about strife in the country.
He told a media briefing in Lusaka this morning that President Sata is only making such decisions to reward chiefs that supported him during elections with paramount Chief positions.
Mr. Sejani says the UPND will use every mean to ensure that the shifting of Chirundu to southern province is not done.
And Siavonga Member of Parliament Kennedy Hamudulu says the people of southern province will not accept any changes in the province.
Mr. Hamudulu says if the government saw it fit to make changes, it would have followed the right procedure of consultation instead of using the back door.
The Patriotic Front (PF) government is alleged to be in the process of moving Chirundu from being part of Southern province to Lusaka province.
QFM
Labels: DECENTRALIZATION, DISTRICTS, EVANS CHIBILITI, LOCAL GOVERNMENT, MICHAEL SATA, PF
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COMMENT - An interesting book on traditional leadership in Africa and the Caribbean, from lots of contributors, is:
Grass-Roots Governance?: Chiefs in Africa and the Afro-Caribbean: Case Studies (Africa: Missing Voices)
P. S. Reddy (Editor), Donald I. Ray (Editor)
Singani calls for implemention of decentralisation policy
By Misheck Wangwe in Choma
Wed 25 Jan. 2012, 13:52 CAT
THE PF government must remain persistent with its crusade of fighting corruption if the country is to see meaningful development, says senior chief Singani.
Speaking when a group of journalists, musicians, Citizens Forum, Community Transform and Press Freedom Committee of The Post who are advocating the implementation of the decentralisation policy paid a courtesy call on him at his palace in Choma, chief Singani said national resources would only trickle down to the majority poor if corruption was fought vigorously.
He said institutions of governance mandated to enhance transparency and accountability in the management of national resources had a mammoth task of upholding the law and protecting public funds from being abused.
"We elect leaders to serve the nation. The biggest problem we have is that these parliamentarians and the councillors abandon the people and neglect their constituencies. This behaviour is retrogressive and that's why there is need to decentralise so that people can decide for themselves on developmental activities they would like to have in their own areas," he said.
Chief Singani said his chiefdom was one of the biggest in Southern Province with 312 headmen, adding that there was need for serious political will for the people to have sufficient health centres, schools and a good road network to join the Batoka road.
And Citizens Forum programmes manager Gilbert Siame said there was need for traditional leaders to join the strong advocacy for implementation of the decentralisation policy.
Siame said the policy would mitigate the levels of corruption, enhance accountability, reduce on government bureaucracy and give people powers to decide the kind of development they would like to have in their own areas.
Labels: CHIEFS, DECENTRALIZATION
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In defence of the constitution drafters
10/01/2012 00:00:00
by Tawanda Hove
THE constitutional reform process has lately been plagued by controversy including unwarranted and unfair attacks by Zanu PF politicians on the team of experts charged with drafting the constitution.
The principal source of the controversy is the unethical and irregular disclosure of confidential information pertaining to the drafting of the constitution.
Although the exact source of the confidential data leak is not known, it is hardly a coincidence that the principal origin of the vicious public criticism of the drafters is Zanu PF and that the location of its publication is the state media, which is controlled by Zanu PF.
Although ZanuPF refuses to take responsibility for the leak, the fact remains that the conduct of its members in the public media cannot go unchallenged. Public attacks of the kind that we have read in the public media reflect cowardly behaviour which undermines the drafting team. It is cowardly because everyone, including those leading the attacks, knows that drafters do not have the same facility to respond publicly to the harsh words and accusations being made against them by Zanu PF politicians.
It is for this reason that drafters must be accorded the same principles of protection against public attacks as those given to judges who, by the nature of their profession, are usually not in a position to respond publicly. It is therefore unfair, unethical and indeed cowardly for politicians to subject drafters to public attacks. It is by no means a fair contest.
The politicians leading these public attacks know very well that there are channels through which they can respond to the drafts that the drafters have produced and there is absolutely no need to play to the public gallery in the manner that we have witnessed lately.
The reasons they have decided to play dirty so early in the drafting process are unclear although it is fair to say that the tactic is probably designed to intimidate and influence the drafters. Zanu PF is trying hard to send the following message to the drafters: “We are watching you and you must play ball.”
This pattern of behaviour – which is latent psychological violence – is consistent with the violent tactics designed to intimidate and instil fear.
The main theme of the public attacks is that in drafting the constitution, the drafters are allegedly disregarding the “will of the people”. This is based on the premise that data that was gathered from the outreach process is so clear-cut that there is a complete picture of what constitutes the “will of the people”. As all members of COPAC and its Technical Committee of Experts are aware, this is not accurate.
That the “will of the people” is hazy and incoherent contrary to what some would have the public believe is demonstrated by the following: First, COPAC and its Technical Committee of Experts have had to conduct a process of “Gap-Filling”, which essentially means filling in the gaps that were apparent in the data collected from the people.
For example, when people said they wanted devolution of power, they were probably responding to the lived experience under a state that is highly centralised and therefore inefficient across all regions. Yet in proposing devolution, not much thought would have been given to the matter of exactly how this system of government will operate at law and in practice.
The technical and operational design of a devolved system of government in these circumstances would require gap-filling by experts. The experts would then put in the nuts and bolts to the system so that it works. This is the job of COPAC and its Technical Committee of Experts. They then instruct drafters to reduce the proposals into writing.
But even then, drafters may observe gaps that would need filling to ensure that the draft makes sense. In doing so, both COPAC Committee of Experts and the drafters have looked to constitutions of other countries that have similar systems of devolution for guidance. There is nothing wrong about this as looking at precedents is standard drafting practice.
Second, even after filling in the gaps, the COPAC Select Committee and its Technical Committee of Experts found that there were issues that were so unclear that they could not agree what exactly were the agreed views of the people. These unresolved issues have been referred in COPAC nomenclature as “Parked Issues”. The idea is that unless there is agreement, they would be referred to the political party principals for resolution.
Some may argue, quite rightly too, that these matters ought to actually be taken back to the people but that is a separate matter. The fact is that the existence of these parked issues reflects that the will of the people is far from certain on all issues contrary to what has been presented by the Zanu PF politicians. If it were so clear, there would be no need for this category of “parked issues” which they know exist.
What the drafters have done, in the interests of trying to assist in the resolution of the “parked issues” is to provide clauses around which the issues can be debated. The rationale for doing this is simple: sometimes it is easier to resolve a problem when you have an actual clause to work from rather than working from a blank page. Perspectives may change based on the form of the clause.
In addition, these clauses are not set in stone. They are merely suggestions and not prescriptions to the nation. COPAC, including the politicians leading the public attacks, know only too well that they have the choice to adopt or reject the suggested wording. Instead, the drafters are being pilloried for their generosity.
Third, as everyone in COPAC knows, not all of the data that was collected during the outreach process was constitutional material. COPAC itself, including Zanu PF politicians leading the public attacks, went through a painstaking process of separating the constitutional issues from those that do not necessarily warrant a place in the constitution.
It is not that the data was considered irrelevant. It was simply that it did not fit into the constitution and could be dealt with under legislation. This was a process of “constitutional distillation” so to speak, to identify the “concentrate” of the “will of the people”. But in doing so, several aspects of what the people actually said fell into the residue and was relegated to legislation.
Likewise, even with the distilled data from COPAC, the drafters are bound to come across aspects that would not necessarily fit into the constitution and would best be dealt with under legislation. Thus at the drafting stage there is also an inevitable additional stage of “constitutional distillation”. It is expected of course that the drafters would explain the use or non-use of particular data in the instructions.
In any event, COPAC and the people of Zimbabwe have the ultimate power to judge whether the drafters properly captured their instructions at the Referendum. Public criticism of the drafters at this early stage is, therefore, premature.
Fourth, the people of Zimbabwe ought to be informed that they are not making the new constitution in a legal vacuum. The “will of the people” is of serious significance but it also takes into account Zimbabwe’s obligations as a member of the international family of nations.
Over the years since independence, Zimbabwe has signed up to various international human rights instruments which set generally accepted standards for governance and rights protection. These include the United Nations Charter of Human Rights, the African Charter on Human and People’s Rights, African Charter on Elections, Democracy and Governance, Convention on the Elimination of all forms of Discrimination against Women, International Covenant on Civil and Political Rights, International Covenant on Economic Social and Cultural Rights, etc.
Some of these instruments have been adopted into our law, therefore forming an integral part of our legal system. In formulating the new constitution, such standards have to be taken into account and upheld. You cannot, for example, include in the constitution the power to permit torture when Zimbabwe has signed up to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which makes the prohibition against torture a non-derogable right.
You cannot say it is part of our culture to give away a girl child as compensation for murder when this is strictly prohibited under international human rights instruments to which we have signed as a people. In drafting the new constitution, the drafters have to apply their expertise to take cognisance of these instruments. They would be neglecting their duty if they did not do so.
Therefore, when the drafters refer to these human rights instruments, they are not imposing foreign rules upon Zimbabweans – they are simply using their expertise to confirm what Zimbabweans have said through these years when they signed up to those rules. Viewed in this way, the “will of the people” is not simply what was stated during the limited period of the outreach process but the narrative that Zimbabweans have spoken over the years through adopting international human rights instruments. To castigate drafters for making reference to such instruments reflects poorly on the accusers’ understanding of the law and the process of constitution-making.
Finally, allegations that the drafters have used constitutions from other countries are spurious and demonstrate a lack of understanding of the drafting practice among the critics. As any draftsperson would know, the use of precedents in drafting documents is not a novel practice.
A draftsperson’s task is to find words that best capture and express the intentions of his instructor. It’s not always that you commence from a blank canvass. If it has been done before and there is a precedent to look up to, you take it into account and re-model it if necessary to best capture the will of the instructor. This is perfectly normal drafting practice.
Therefore, when the drafters consider clauses in the constitutions of countries such as Kenya, Namibia, South Africa and similarly placed African countries, they are by no means imposing other constitutions on Zimbabwe. They are simply using precedents in their efforts to find a formulation that best expresses the instructions from the people of Zimbabwe. They are not copying content but drawing lessons from the style and form of drafting. They could have done the same without telling us which constitutions they looked to for assistance. That they have done so is a credit to their character as honest drafters. They should be commended not derided for their honesty and transparency.
Indeed, it must be added, that all parties in COPAC have throughout the process given examples from other constitutions with some even “looking east” to the Chinese constitution. References have also been made to the various locally produced drafts including the NCA Draft, the Law Society of Zimbabwe Draft, the Kariba Draft and even the Chidyausiku Draft that was rejected in the 2000 Referendum. All parties, including Zanu PF have referred to these local and external constitutions to assist in the drafting process.
Overall, the relationship between COPAC and the drafters is not unlike that between a home builder and an architect. The home builder gives raw information of the kind of house he wants to the architect and the architect employs his expertise to produce the architectural design. The home builder selects an architect that he trusts and leaves him to do the job. At the end of the day the home builder has a choice to accept or reject the design.
COPAC and the people of Zimbabwe are the home builders and the drafters are the architects. COPAC and the people of Zimbabwe will have their day when they decide whether or not to adopt the design. For now, the drafters must be allowed to get on with their job free from harassment and the vitriol that we have witnessed in recent weeks. It is cowardly behaviour to publicly attack and humiliate someone whom you know very well cannot defend himself.
Labels: CONSTITUTION, COPAC, DECENTRALIZATION, DEVOLUTION
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Decentralisation, Not The Horrible Barotse Agreement, Will Save Western Province.
December 27, 2011
By Maurice Makalu
CLICK HERE FOR COPY OF ORIGINAL BAROTSELAND AGREEMENT
The Barotse Agreement has strongly come alive in the recent past culminating in riots in Mongu on January 14, 2011, where two lives were lost. A closer look at certain provisions of the agreement reveals that it doomed Western Province to languish in limbo, neglect and confusion. Not because anyone intended to, but because it was not well thought out. Both in its content and on its face, it is a horrible document pretending to be complex. Whether the agreement gets restored, honoured, recognized or whatever word one chooses to describe the purported solution, western province is doomed to poverty and confusion because of it.
This fact about the BA made Dr. Sondashi to lament that, “The confusion surrounding the agreement is due to the fact that the Barotseland agreement of 1964 appears to have been reached and signed half heartedly with the Barotse delegation led by Litunga Mwanawina Lewanika the third.” The doctor urged that it be renegotiated.
It is a waste of time to try and apportion blame for this regrettable state of affairs. We cannot know for sure whether it was the Litunga who lacked understanding or just wanted to save his throne forgetting his people; or Kaunda who lacked understanding or just behaved crookedly; or Britain who deliberately sowed seeds of conflict and confusion to set up Zambia for possible failure as an independent country or just desperately wanted to wash its hands out of the burden that was Barotseland. (I say all this with due respect to the three); or it was just the difficulty of circumstances at the time. We cannot know for sure.
The two major “culprits” for this calamity are clauses 4 and 7, which deal with power over land and power over money respectively.
Clause 4: The Litunga and his Council
Subsection (3) states:
The Litunga of Barotseland, acting after consultation with his Council, shall be authorised and empowered to make laws for Barotseland in relation to the following matters, that is to say-
(a) The Litungaship;
(b) The authority at present known as the Barotse Native Government (which shall hereafter be known as the Barotse Government);
(c) The authorities at present known as Barotse Native Authorities;
(d) The courts at present known as Barotse Native Courts;
(e) The status of the members of the Litunga’s Council;
(f) Matters relating to local government;
(g) Land;
(h) Forests;
(i) Traditional and customary matters relating to Barotseland alone;
(j) Fishing;
(k) Control of hunting;
(l) Game preservation;
(m) Control of bush fires;
(n) The institution at present known as the Barotse native treasury;
(o) The supply of beer;
(p) Reservation of trees for canoes;
(q) Local taxation and matters relating thereto; and
(r) Barotse local festivals.
Clearly the Litunga has power over land, traditional matters and other natural resources.
Commenting on this clause, Dr. Sondashi said, “It is surprising that the agreement creates a state within a state. The position of Barotseland resembles that of federation with Zambia. Clause 4 of the agreement confers upon the Litunga of Barotseland and his councils with powers to be responsible to administer land, forests, fishing, local courts, local taxation, and game preservation among many others. How should the Zambian government pretend to enjoy supreme authority over Barotseland when it does not exercise control over matters relating to land.” (http://zambia24.com/politics/renegotiate-barotse-agreement-sondashi.html)
Clause 4 is the inspiration of those advocating cessation (although these are misguided), restoration, honouring, recognizing, etc; and those who praise the document as great, complex, etc. It is the good news. But when one reads Clause 7, a lamentable state of affairs emerges, effectively rendering clause 4 hollow and worthless.
Clause 7: Financial Responsibility
The Government of the Republic of Zambia shall have the same general responsibility for providing financial support for the administration and economic development of Barotseland as it has for other parts of the Republic and shall ensure that, in discharge of this responsibility, Barotseland is treated fairly and equitably in relation to other parts of the Republic.
This is the bad news.
What clauses 4 and 7 do is give Barotseland territorial autonomy without financial autonomy. And without money, you inevitably end up with an autonomous piece of land wallowing in abject poverty.
Admittedly, the Litunga has power over “local taxation” laws but these pattern to land rates and other levies similar to those charged by local councils. And as seen everywhere else in Zambia, these local taxes are inadequate to bring the needed economic development.
Centralised Governance, Not Abrogation of BA, Is The Real Bad News.
From clause 7, it is obvious that when it (clause 7) was provided, it was envisaged that Central government would be apportioning shares of its revenue to local governments for their general “administration and economic development.” Since independence however, central government has only mostly apportioned money for administration. This money has been fairly and equitably apportioned, in form of grants, with marginal variances based on geographical and population sizes of each province.
Money for economic development has always remained with central government, hence the need to have representatives in Lusaka, MPs, to lobby for this money. This is not only in reference to western province alone but all regions (provinces) as well.
In view of clause 4, this centralization of money for economic development is what has caused poverty in western province. It turns the BA into what the Bible calls a “broken cistern.” This is how:
The land law in other areas has been that the President (central government) owns the land and everybody else leases from him or her for 99 years renewable. When the president wants to build a university in Lusaka for example, he will identify a piece of land. If it is occupied by others, he will compensate and relocate them. He will then channel the money to this developmental project.
This is how Kaunda and others, using money from the Copperbelt, built roads, airports, dams, schools and hospitals everywhere in Zambia.
Because of this modus operand from central government, of channeling development funds into specific projects instead of apportioning to regions in general, clause 4 effectively turns out to be a hindrance to development in Western Province. This is because the president would first have to obtain land from the Litunga, who has the right to agree, disagree, modify, ask for more time, more details, seek God’s guidance, consult his council, seek clarification, put on hold, etc. This bureaucracy is cumbersome for anybody. That is why Zambia itself has been reviewing land policies in order to enhance its attraction of foreign investment.
In terms of the BA, disagreements and misunderstandings between central government and Barotse Royal Establishment (BRE) are bound to happen. Egos are bound to be bruised. Visions, preferences, etc will differ. And based on human nature, there are even possibilities of power “contests” between the Litunga (BRE) and the President (central government). The Litunga can withhold land using all kinds of excuses to assert his authority and autonomy; the president can withhold his money because presumably the Litunga is dilly dallying to give him land to build a school.
He cannot give the Litunga money for economic development in general because this is not what happens in other areas, so it would make western province a “special child,” which is contrary to clause 7. Inevitably, this eventually leads to a “standoff,” a position of indifference or disengagement from both parties, each pointing an accusing finger at the other.
This is exactly what exists today. Government says development land is difficult to get in Western province; western province disagrees and is infuriated that government does not just take equitable development there. The result is an impoverished western province as a status quo.
A child born today in western province is not interested in this debate, which will never end because it is “my word against yours.” All that the child wants is to realize its dignity and freedom through economic empowerment and development. This right must not be denied because three people half a century ago did not think properly, and hence have condemned people of today to finger pointing, arguing and debating.
Decentralisation Mends The Cistern.
The way forward therefore is to get rid of this room for “standoff” and finger pointing, by getting rid of the separation of powers over land and money by converging these powers in the same institution.
Given that central government has failed to effectively develop the areas where the land and money powers have always converged in it, the point of convergence must shift from central government to local authorities. Like Sata once said, “Nobody can run this country from Lusaka, it is too big.”
With regard to western province, economic development power must be added to the Litunga on top of existing land powers. With regard to other provinces, both land and economic powers must be conferred upon local authorities from central government.
In other words, the effective way of restoring, honouring or recognizing the Barotse Agreement is by decentralization. When this happens, government will be GENERALLY apportioning money for administration and economic development from central treasury to various local government treasuries. Only then can the Litunga stand on clause 7 and demand a fair and equitable share.
The PF Government Is Implementing Decentralisation
In his speech to Parliament, President Sata said, “The PF government is committed to establishing a system of local government which will promote local economic development, improved delivery of essential infrastructure and services through local self government. Our government will also devise an appropriate formula for sharing national taxes collected at the centre within the jurisdiction of every local authority in order to strengthen their revenue base and ensure that all government grants are remitted on time.”
In pursuant of this, the Minister of Finance said, in his budget speech, “It is a priority of this Government to decentralize appropriate functions to councils over the medium term. The focus in 2012 will be to build capacity at local level in preparation for the phased devolution of functions from 2013. The Government will also restructure financial relations between the centre and the local level. This will ensure that these extra mandates devolved to the councils are adequately financed, in line with the principle of ‘finance follows function.’ In 2012, I have increased the grants to councils by more than 100 percent to K257.1 billion. This is to demonstrate the PF Government’s commitment to capacitate councils ahead of devolution.”
Clearly, decentralization is already under way. The real salvation for western province, and indeed all provinces, has come. We need everyone, opposition or not, Barotse or not, pulling in this decentralization direction or else it will become one of those beautiful political promises that never get fulfilled. In the end the ordinary Zambian loses, while those who assume power based on unfulfilled promises get richer.
Other Disasters of the BA 1964.
The other provisions that make the BA horrible are:
1. At independence, Northern Rhodesia (Zambia) was becoming a multiparty democratic republic. Why should clause 4(2) recognize a chiefdom, whether you call it paramount, establishment, highness, king, etc as a local government in such a republic? People were definitely going to prefer voting for their leaders instead of family succession. It did not matter how “great” the Litungas believed they were. KK, Gadaffi, Mobarak, etc believed they were great but people still did not want them. Europe itself banished its “great” kings more than two centuries ago. Already, the Mbundas, Nkoyas and some other non-aluyi tribes in western province don’t want to be ruled by the Litunga; they are citizens of a republic with a fundamental right to choose their leaders.
As regards the land law (clause 4), even with the dawn of decentralization, the land problem that has existed between central government and the BRE will continue, now with the elected local government in western province. Those who think it won’t are exhibiting the same myopia that created it in the first place.
2. Part of the preamble to the agreement states: “It is the wish of the government of northern Rhodesia and of The Litunga of Barotseland to enter into ARRANGEMENTS concerning the POSITION of Barotseland as part of the republic of Zambia TO THE PLACE OF the treaties and other agreements hitherto subsisting between Her Majesty the Queen and The Litunga of Barotseland:”
What does “to the place of” mean?
Does it mean the BA was done to replace the treaties that were hitherto subsisting between Barotseland and Britain, which automatically terminated at the independence of Northern Rhodesia? If this is the case, then “to the place of” means “IN place of” the treaties.
Or alternatively, does it mean the BA was done to take Barotseland’s position with Zambia to the place it always had in the treaties with the British? In other words, to maintain and uphold its protectorate status, but now as a Zambian, instead of British, protectorate? Protectorate from what? Kaunda’s tyranny? Kaunda’s independence? Could this be what Dr. Sondashi perceived as “resembling federation with Zambia”?
This latter meaning creates more confusion because an earlier part of the same preamble says, “Where as it is the wish of the government of northern Rhodesia and of the Litunga of Barotseland, his council and the chiefs and people of Barotseland that northern Rhodesia should proceed to independence as ONE COUNTRY and that all its PEOPLES SHOULD BE ONE NATION.” A protectorate and its protector can never be one country with their peoples as one nation. The protector will be superior to the protectorate.
Conclusion.
So the confusion over the BA is not because of complexity but because of ignorance, oversimplification and myopia; albeit we cannot know whose among Britain, KK or the Litunga. The BA in itself is a confused document. To resolve it once and for all, it is better to invoke clause 9 – Interpretation.
“Any question concerning the interpretation of this Agreement may be referred by the Government of the Republic of Zambia to the High Court of the Republic for consideration (in which case the opinion thereon of the Court shall be communicated to that Government and to the Litunga of Barotseland and his Council) and any such question shall be so referred if the Litunga, acting after consultation with his Council, so requests.”
True to the confused document that it is, only the Litunga can request referral to the High Court. If people in western province are causing confusion because they misinterpret it, government cannot request the High Court for expert and objective interpretation. Should government then be blamed if it brutalizes them as a result of its misinterpretation as well! More confusion.
Clearly, this document is not worthy the paper it was written on. It just flattered the Litunga by assuring his continued authority over land, forests and traditional affairs, and promised him free money to entrench that authority like he did before as a British protectorate. In the event that that authority got threatened, he could seek recourse by seeking the High Court’s intervention. The BA did not care about the ordinary person living in Barotseland and his right, from time to time, to choose his government as a free man. For such a one, decentralization, not the horrible BA, is the answer.
http://www.zambianwatchdog.com/archives/28630
Labels: BAROTSELAND AGREEMENT, DECENTRALIZATION, LUDWIG SONDASHI
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Decentralisation will reduce poverty - Zimba
By Misheck Wangwe in Samfya
Mon 19 Dec. 2011, 13:55 CAT
SAMFYA district commissioner Godfrey Zimba says the decentralisation policy, if implemented will help mitigate the impact of poverty and underdevelopment among the rural population.
Speaking when a group of journalists, musicians and members of the Citizens Forum paid a courtesy call on him, Zimba said the tenets of decentralisation were so rich that if implemented, the country would start recording unprecedented levels of development.
He said the PF government had placed the implementation of the decentralisation policy top on its national development agenda as it was aimed at empowering local authorities to get the skills and the resources needed for them to discharge duties in a most efficient and effective manner.
Zimba said by 2013, devolution of power would flow with the resources necessary to district levels.
"When we speak about the issues of decentralisation, it is not an easy issue to look at as it requires budgetary allocation and the much-needed political will. Devolving power means that we have to look at human resource at local government level and develop it for them to carry out duties effectively," Zimba said.
He said it was clear that the government had demonstrated the needed political will considering that the local authorities had received the larger chunk of the 2012 budget.
Zimba said Samfya district had many challenges and the people's desire was that they should be given powers through decentralisation to decide for themselves what kind of development should be undertaken in the district.
"Samfya is a unique district as we operate on three levels and geographically we are located as such; we have the islands, we have the wetlands and we have the mainland. The challenges faced in these areas are huge," Zimba said.
"From here to the wetlands, it's about 200 nautical miles and to travel on water, it's not easy but our people need health, education and many other services. Our hope is that with decentralisation, government will be able to reach our people in swamps."
And Citizens Forum executive secretary Simon Kabanda said the forum, in partnership with the Local Government Association of Zambia and the Press Freedom Committee of The Post, had embarked on sensitising the people on the importance of decentralisation as the type of governance people needed.
Kabanda said it was hoped that through strong advocacy and the political will that the PF government had demonstrated, the policy would soon be implemented.
Labels: CITIZENS FORUM, DECENTRALIZATION, SIMON KABANDA
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Barotse Agreement is liberating - Sata
By Patson Chilemba
Fri 08 July 2011, 14:40 CAT
Michael Sata says the Barotse Agreement can go a long way to liberate other provinces of Zambia. And Sata has urged President Rupiah Banda to stop bribing Western Province residents directly affected by January’s Mongu shootings but instead address their demands over the Barotseland Agreement.
Commenting on President Banda’s secret ‘compensation’ to Western Province residents directly affected by the shootings and arrests while telling them that the Barotse Royal Establishment (BRE) caused their suffering, Sata said President Banda should stop bribing the people.
“The point is, it is not a question of Mr Rupiah Banda bribing the people who have come out of prison. To start with, why did he arrest them? Why did he shoot them? Dr Kaunda appended his signature to the Barotse Agreement.
The Barotse Agreement can go a long way to liberate other provinces,” said Sata yesterday when he featured on Hot FM's Hot Seat programme.
“Let’s take Southern Province, Southern Province makes lots of money out of tourism but how much do they get out of it? Nothing. Lumwana in North Western Province at the moment is making money; Copperbelt makes lots of money from mining. What do they get? Nothing. Even our chiefs if you look at their houses. So you find in that Barotse Agreement, there is a lot which we can learn.”
Sata said other provinces would benefit from the decentralisation of power in Western Province, citing South Africa where they had created provincial assemblies.
“For example why should people come from Mumbwa to Lusaka, go to the Copperbelt to go to Kasempa, when Mumbwa is only separated by 160 kilometres from Kasempa?” Sata asked.
Sources within the BRE disclosed that the government was secretly ‘compensating’ the victims who were shot in January and those who were imprisoned.
And Sata said unemployed people, who were being looked after by their wives like Edward Mumbi were saying that PF had been given US$45 million by Afghanistan and Taiwan for campaigns.
He wondered how PF would get the money from Afghanistan which had no administration, nor did PF have anything in common with Afghanistan to send party youths to be trained in that country.
Sata also questioned the rational in those who were saying that he would give the land in Chawama, Kanyama and Mandevu to foreigners when all the land in those areas had been taken up.
“For Mr Mumbi we understand, we provided the first and last employment for him. So he could have sour grapes,” Sata said.
He said the PF owed no debt to anyone, saying even the just-ended general conference which was attended by over 3,000 people was funded by Zambians, not foreigners.
“When Dr Kaunda created the Drug Enforcement Commission (DEC) there is no way the Times of Zambia, Daily Mail were going to speculate about 45 million dollars. Who supplied the 45 million dollars in Taiwan, in Afghanistan?
How did they come here? Because the same people went to drug Enforcement Commission and said ‘Mr Sata, money laundering’ and DEC came to take me like a common criminal,” Sata said.
“And then somebody says ‘we are auctioning, we are going to send people to Afghanistan’, our defence and security people need to be looked after because at the moment they survive by the grace of God. We don’t need to add more problems.”
Sata said he wished those media bodies who were condemning PF for allegedly barring journalists from the state-owned and government-controlled Zambian National Broadcasting Corporation (ZNBC), Times of Zambia and Zambia Daily Mail, could emulate the Law Association of Zambia (LAZ) to condemn the bias by the government-controlled media.
He said they had not said anything when Chanda Chimba was being paid to insult and malign innocent citizens.
Sata said he was glad that “the father of the nation” Dr Kaunda attended the PF general conference, as well as United States Ambassador to Zambia Mark Storella, British High Commissioner to Zambia Carolyn Davidson and other dignitaries.
Asked on assertions that he did not have enough people who could be cabinet material, Sata wondered if the likes of education minister Dora Siliya and information minister Ronnie Shikapwasha were cabinet material.
He said there were no bootlickers in PF, saying in people like Wynter Kabimba, Given Lubinda and Inonge Wina the party had enough cabinet material.
Sata mentioned himself and opposition FDD president Edith Nawakwi as experienced politicians who could run government.
He said those who were joining PF from the MMD would bring with them some experience, saying they were joining PF because UNIP had gone to the MMD.
Sata called on voters to turn out in numbers on the polling day to defeat rigging because rigging was made easier when there was apathy. He said in 1963 and 1991, there was no apathy and people managed to change the system of government.
He also said he knew of some people who had been sent to Mauritius for training so that they could temper with the elections.
He said Zambians should not be hoodwinked like being given geysers when they had no running water in their homes.
“If the people of Zambia want to continue suffering let them be hoodwinked by MMD. They should not be hoodwinked,” said Sata.
Labels: BAROTSE FREEDOM MOVEMENT, BAROTSELAND AGREEMENT, DECENTRALIZATION, EDITH NAWAKWI, MICHAEL SATA, WESTERN PROVINCE
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RTSA partners with ZSIC on road taxes issuance
By Kabanda Chulu in Kitwe
Thu 07 July 2011, 04:01 CAT
ROAD Transport Safety Agency has partnered with ZSIC Group of Companies to decentralise the issuance of road taxes that will now be done at the insurance company’s branches across the country.
And RTSA head of information technology Cytone Kibela has said the institution was in the process of acquiring equipment that will allow the outsourcing of motor vehicle inspection and registration to the private sector.
In an interview at the just-ended Zambia International Trade Fair, RTSA principal publicity officer Mercy Khozi said the partnership will enable people access RTSA services since ZSIC is found in almost all districts in the country.
“We opened a tender for expression of interest and ZSIC was selected and through this innovation, we intend to decentralise the issuance of road taxes and it will also help people when paying for insurance they also pay for RTSA services and we plan to establish kiosks where people can access our services,” Khozi said.
“We also hope to decongest our offices whenever people want to pay for these services but congestion is people’s problem since they wait until the last day hence coming at the same time and yet they can buy these certificates in January for the whole year.”
She said RTSA was actively implementing the global UN programme on decade of action aimed at reducing road accidents.
“We believe road safety is a health matter and we have to ensure that all vehicles are roadworthy although 95 per cent of accidents are caused by drivers even when driving good cars because they disobey simple traffic rules and signals such as don’t drink and drive and not to talk on mobile phones,” said Khozi.
“As RTSA we are doing our best to prevent accidents and we have partnered with various stakeholders like forming clubs in schools and using role models like Muna Singh, Precious Mumbi and actor Jason from Kabanana, in a bid to raise awareness and highlight issues of road safety.”
And explaining the 2011 ZITF theme ‘Innovation for competitiveness,’ Kibela said RTSA was looking at ways of implementing the public-private partnership (PPP).
“Once the private sector meets RTSA standards we shall use their premises such as garages as motor vehicle inspection centres of excellence where services like registration of vehicles, physical inspection, new registration, change of ownership, renewal of fitness certificates, will be undertaken and RTSA will just monitor the process electronically,” said Kibela.
“We shall also implement plate scanner whereby RTSA will just scan registration number and all details about the vehicle will be detected.”
Labels: DECENTRALIZATION, RTSA, TAXATION
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Stop mourning, do something: Msipa
Thursday, 30 June 2011 01:00
Bulawayo Bureau
PEOPLE from Matabeleland should not mourn about their situation but instead take part in developing their area, Zanu-PF Politburo member Cde Cephas Msipa has said.
Adding his voice to the debate on the marginalisation of Matabeleland, Cde Msipa urged people from the region to participate in the indigenisation campaign, but indicated that other provinces were also facing development challenges similar to Matabeleland.
In an interview in Gweru on Sunday, Cde Msipa, a former Midlands Provincial Governor said people from Matabeleland should stop mourning about the marginalisation of the region, but instead, take the indigenisation and economic empowerment programme as the best chance for them to develop the region. Cde Msipa said people from Matabeleland region should make sure that they actively participate in the ongoing indigenisation and economic empowerment programme to make sure that they actively take part in the development of the region.
He said decentralisation was also the only way to go, dismissing calls to make the region a separate state as "nonsensical."
"There has been heated talk of Matabeleland region with some people from the region complaining that the region is marginalised more than any other province in the country. Yes it's a fact that each province in the country's 10 provinces is more or less different from the other in as far as resources are concerned. In light of this, Government has the responsibility to see that these resources are equitably distributed to all the provinces.
I am, however, of the view that the people from Matabeleland should stop mourning about their situation and take this ongoing indigenisation and economic empowerment programme as the stepping stone towards active participation in developing the region," he said.
Vice President John Landa Nkomo, contributing to the debate, recently challenged people from the region to make sure that they "add value" to the development of the region and "stop singing the marginalisation chorus".
VP Nkomo has also preferred to refer to the problems facing the region as "marginalisation" but rather preferred to address the situation as "delayed success".
Cde Msipa said the focus of marginalisation should not be on Matabeleland region only as if everything was normal in other provinces around the country.
"Those who have raised the alarm from the Matabeleland region should not assume that everything is normal in other provinces. Yes, the continuous closure of companies that are relocating to Harare might have a bigger impact in Matabeleland and Bulawayo because Bulawayo is the second largest city in the country.
"This problem is, however, in every province and if you talk of the Midlands province, three is no industry ticking at the present moment, talk of the giant Zvishavane asbestos mine, Ziscosteel in Redcliff and Zim Alloys in Gweru, nothing is showing there," he said.
Cde Msipa said Midlands province used to have a strong industrial base, but has now seen a dramatic fall with many companies closing.
"Over five thousand people at Shabanie mine alone have so far lost jobs in the province. In Gweru there is a joke now that the popular Mtapa cemetery has extended to the industry the same is in Masvingo province and there is really a serious need for Government to see to it that the economy's industry gets back on track. This should ,however, be looked on at a broader perspective than isolating regions or provinces as this will not help us as Zimbabweans," he said.
The former provincial Governor said there was also a need for the speeding up of the decentralisation process.
"We cannot continue to have everything being done in Harare in as far as the public and private sector as are concerned. You go to a bank today seeking urgent assistance you will be referred to Harare.
This is the same with government offices and we cant develop as a nation if we continue to say everything, whether it is in the private or public sector should be done in Harare as if Harare is everything," he said.
Cde Msipa said the call for secession of Matabeleland region by the Mthwakazi Liberation Front was nonsensical and described those who were behind the idea as "daydreamers".
"I find it even a waste of time and stupid top comment on this because it's nonsensical to comment on things that are being said by people when they are desperately seeking attention. We are better united as a nation than divided," he said.
Cde Msipa each province and region had its strengths and weaknesses and the country could only develop when provinces and regions complement each other.
"In the Midlands for example there are a lot of minerals , in Mashonaland central they thrive on farming and the produce there is very good. If we combine all and try to develop our nation, we will build a better
Zimbabwe than we would when divided and separated," he said.
Labels: DECENTRALIZATION, MATABELELAND NORTH, MATABELELAND SOUTH
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