Nurses' dismissal final - Shamenda
By Kombe Chimpinde-Mataka
Fri 06 Dec. 2013, 14:01 CAT
LABOUR minister Fackson Shamenda says the UPND is inciting dismissed nurses to take action against the government.
But UPND spokesperson Charles Kakoma says the party is concerned with the manner in which the government is running the health sector. And Shamenda says ZCTU secretary general Roy Mwaba risks being arrested if he continues to incite nurses.
Reacting to the UPND's decision to mount a legal battle in defence of dismissed striking workers countrywide, Shamenda described as inhuman the opposition party's lack of regard for what patients went through when nurses were on an illegal strike.
Shamenda said the decision to dismiss the nurses was final and the government would not reverse it.
"This confirms the suspicions that people had that the strike could have been politically motivated because in the first instance, the people who should be sympathisers of the patients that were in hospital, they were going there and encouraging the nurses to continue being on strike in October when they staged the first strike action and saying 'they have got a good case' and wishing them well. That is tantamount to inciting them," Shamenda said.
He said that UPND must understand that the government had grounds on which nurses were fired, which were clearly backed b the law.
"If anything, once those nurses get a court injunction, chances of even the employer re-employing them may stop. The way the law is at the moment is such that you can't force an employer to reinstate anyone if they dismiss them, each side has got a right to terminate the contract. So they are jeopardising the chances of the nurses," he warned.
"We fired nurses because they did not follow the normal channels because they broke the law. Comparing the KCM or Shoprite case to this particular one is like comparing oranges to sausages. Nurses are essential workers, you can't trivialise these issues. People must understand the gravity of the action which was taken by the nurses."
Shamenda said that by law, it was an offence for anyone classified as an essential worker to go on strike even for a minute.
He said the government had in fact used its discretion to tolerate the strike action for as long as 10 days.
"It's like someone who is driving, and you find there is accident and you refuse to do anything; it is criminal," Shamenda said.
"Last year, the nurses got the highest adjustments of salary increment. It is unprecedented in the history of the country. We never had such an adjustment and we said we would work with unions to ensure the adjustments are implemented."
And Shamenda said he took great exception to remarks by ZCTU Mwaba that the action taken by the government would culminate into a crisis.
"I take serious exception to the statement by ZCTU and the Zambia Medical Association particularly. ZCTU and the Medical Association should have been the first ones to condemn the strike action by nurses," he said.
"I am disappointed with Roy Mwaba, who I am hoping was misquoted, because I think he is politicking. That is a very serious statement. In normal circumstances, he needs to be arrested because what he is saying can lead to the country becoming ungovernable. Where was he when the nurses went on strike in October when politicians were inciting them? 10 days down the line, when the nurses were on strike, ZCTU did not say anything."
"It is a very irresponsible statement by a seasoned trade unionist. He is supposed to condemn the action by nurses instead of insulting government, and no one is going to challenge government. He thinks he can direct government to reinstate nurses at a press conference? That is an insult! Majority of workers in Zambia, if not all, are condemning the strike action by nurses. He should not start daring government."
And Dr Katele Kalumba says the government must delink the health profession from labour unions.
Dr Kalumba says health workers should not use the mechanism that all other category of workers are currently using because of the sensitivity of their work.
"Surely, there must be a different mechanism that can be used in dealing with or having discussions relating to the conditions of service of health workers. I am making a public policy issue here, that can we create a track, away from the public service unionism that is used for negotiating conditions of service for health workers," he said.
"Can we use something similar to what we use when we are dealing with the security and defence force. I hope responsible and rational human beings can see this point and take it up."
Dr Kalumba described the strike action by nurses and the sacking of nurses as sad.
"It's sad news to hear what has happened. It's also outrageously sad that responsible unions can allow a situation to deteriorate to a level where nurses go on a strike and are fired, a situation that is endangering people's lives because they (unions) control health workers. Zambians cannot afford," he said.
"I hope there were no political baggages attached to the failure by the unions to be a lot more socially responsible to the limitation of the government negotiating position on this matter. I hope there is no such thing. If there is, it must be gotten rid of. It's an extraneous matter."
He said the welfare of the patients should come first, stressing that the firing of nurses that had gone on strike, at the expense of the well-being of patients in hospitals, was wrong.
"The primary interest of professionals such as nurses, just as that of government, should be the welfare of their clients," Dr Kalumba said.
"In this case, the patient, that is why there is an oath particularly for this category, doctors or nurses, which they take upon graduating to the professional category. This means against all odds, in the worst of circumstances, they would consider first and foremost, not themselves, not the politician, not the bureaucracy, not even the employer but the interest of the patient that they have sworn to serve," Dr Katele said.
"Now that is nothing to say about various grievances that health workers across the country do face. I live in a rural area; I understand the challenges that they have."
Labels: CHARLES KAKOMA, FACKSON SHAMENDA, HEALTHCARE, NURSES
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Kumar was very arrogant - Shamenda
By Allan Mulenga
Sun 01 Dec. 2013, 14:01 CAT
LABOUR minister Fackson Shamenda says he will not support deported Konkola Copper Mines chief executive officer Kishore Kumar's return to Zambia because of his arrogance to him and President Michael Sata.
Commenting on Vice-President Guy Scott's statement that Kumar has appealed against the deportation and the government was considering the move, Shamenda said Kumar not only exhibited arrogance towards him, but also to President Sata.
"I don't like his Kumar approach to industrial relations and I will not support his coming back anyway. From my point of view, I don't like arrogant employers. Even they have an attitude like the apartheid or neglecting the workers, we are trying to harmonise industrial relations," he said.
"...not that employers should be arrogant; we want to have a situation where there is harmonious industrial relations for higher levels of productivity. The employer will get his part, the government will get the resources from the taxes and then the employees will have a comfortable life. That's all what we want in life and that is the approach of the Patriotic Front government."
Shamenda said he would not tolerate arrogant employers in the country.
"I have reported his behaviour which is highly unwarranted. As for whether he was going to come back or something, my working relationship with him will be very difficult," he said.
Shamenda said unlike his predecessor, Kumar was not reasonable when dealing with labour matters.
"I don't care whether there is Kumar or no Kumar, but as far as I am concerned Kumar was very arrogant. He was arrogant to me; he was arrogant to the President. So for me I have no time for such characters. So far I am working very well with other persons, like his predecessor; he was a gentleman. I highly regret that he left. You could differ in principle, but still more he was a very humble fellow. He was a polite guy," he said.
Shamenda said Kumar should shoulder the blame for his deportation.
"...for Kumar when the President said, 'you should go and tell Kumar he should not dismiss people', he said, 'me industrial relations are not my priority, I am going for a technical meeting'. I said, 'my friend, the President is saying I should discuss this issue with you'. He says, 'policy statements are rhetoric.' That is how the whole thing started and then he went for that technical meeting at Intercontinental Hotel. That is when the Minister of Home Affairs wanted to confirm from him, then he started running away. That is how he was declared a PI prohibited immigrant," said Shamenda.
On Friday, Vice-President Scott told Parliament that Kumar had appealed against his deportation, and the government was considering the move.
Labels: FACKSON SHAMENDA, GUY SCOTT, KCM, KISHORE KUMAR, TAX EVASION
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Sata a frank, nice person - Shamenda
By Gift Chanda
Wed 13 Nov. 2013, 14:01 CAT
FACKSON Shamenda says President Michael Sata is frank, kind and a nice leader. Shamenda, who is labour minister, yesterday said investors should not misunderstand President Sata's frankness to mean he is scaring them away.
Recently, Konkola Copper Mines announced it would lay off more than 1,500 workers because the company wanted to mechanise its operations. But President Sata ordered KCM not to lay off workers. The government called for a meeting with KCM officials.
However, in the meeting, Shamenda said KCM chief executive Kishore Kumar dismissed President Sata's statement as rhetoric.
The government later called for a meeting with Kumar again to discuss his statement.
However, Kumar left the country, forcing the government to declare him a prohibited immigrant.
Later, President Sata told The Post that Kumar had demeaned Zambians.
And speaking in Lusaka after Chibuluma Mines Plc and the Mine Workers' Union agreed to a 12 per cent salary increment for workers, commencing next year, Shamenda assured mining investors in the country that their investments were safe.
He said the government was not interested in meddling in the running of the mines.
"... we just want you to play to the rules of the game," Shamenda said. "Some people misunderstand the frankness of our President as if he scares people. He is a very kind and nice person. I have worked with a number of presidents, but none beats him.... You can't just wake up and say you are doing this. There must be signs."
Shamenda said President Sata was a nice and listening person.
"He President Sata is a very frank person, if you have got ideas, 'ifyamano tabakokola ukumfwa'. He doesn't hesitate to listen to sensible ideas, but if you are arrogant and you try to play tricks, then you can never be a good friend of our President," he added.
He said while the government would strive to create a conducive environment for investment, the interest of the people would come first.
"A conducive environment for investment is not necessary where you want the government to be leaking the boots of an investor," Shamenda said.
"In fact, in such cases where this happens, it is the leaders who actually benefit. It is the leaders who are bribed, but this government does not tolerate such kind of arrangement. We consider the interest of the people who put us into power first."
And the Mine workers Union of Zambia says mining investors should avoid using recent policy changes on fuel subsidy, monitoring of foreign exchange, as well as the low copper price not to award decent salary increments to their workers.
MUZ general secretary David Chewe said mining investors should not give excuses of the recent policy shifts to avoid paying decent salaries to their workers.
"They should emulate Chibuluma with whom we concluded negotiations within record two days. They did not give excuses of the low copper prices or the fuel subsidy removal," Chewe said.
And Chibuluma Mines general manager Jackson Sikamo said the fact that the negations were concluded in a record two days was not a sign of weakness by either parties involved in the process.
"It is a reflection of the importance attached to the welfare of our employees and the appreciation by the union of the challenges we are facing," he said.
He said the mining firm was having challenges in securing financing for the Chifupu project which would extend the Chibuluma mine project beyond 2021 and secure over 750 direct and indirect jobs.
Sikamo said the funds for the Chifupu project, which requires in excess of US$23 million, were ordinarily supposed to be sourced from external financiers, but financiers are not willing to provide the company !the necessary financing because of the 2012 tax changes on capital allowance.
Labels: FACKSON SHAMENDA, KCM, MICHAEL SATA
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KCM annoys govt
By Kombe Chimpinde-Mataka
Fri 08 Nov. 2013, 14:01 CAT
KONKOLA Copper Mines has annoyed the government over the response its chief executive officer Kishor Kumar gave in reference to President Michael Sata's warning against firing workers from the mine.
Speaking to journalists shortly after a meeting organised by the International Council on Mining and Metals (ICMM) in Lusaka, labour minister Fackson Shamenda disclosed yesterday that Kumar had dismissed President Sata's warning that the government would revoke the company's licence if it fired even one worker, as mere rhetoric.
He disclosed that he had called for a meeting with KCM after the presidential order but was disappointed with Kumar's response.
"I have just heard about it today (laying off 76 workers from KCM). As you are aware the President directed me to convey government's position on the matter which I did but I am very disappointed and I would like to say I am very disappointed with Kumar for describing President Sata's threats as rhetoric in one of the meetings. Surely how can he describe the President's threat as rhetoric?" asked Shamenda.
Attempts to talk to Kumar to clarify Shamenda's statement failed as his line went unanswered.
Further attempts were made to contact KCM spokesperson Joy Sata who was asked to verify Kumar's statement but she declined to comment and said she wanted to read the story first.
Shamenda said he was disappointed by KCM's decision to lay off over 70 workers against President Sata's advice.
"I have summoned the (mine workers') unions and KCM management at a meeting at 18:00 hours to discuss the way forward. We (government) are not going to tolerate any form of blackmail," Shamenda said.
And Shamenda said the directive for him to convene a meeting with KCM and unions last evening was sanctioned by President Sata after his (Shamenda) request.
"As at last night around 20:00 hours we were still having meetings where these people (KCM) had denied allegations that they had gone ahead with their decision to lay off some workers, so I am disappointed to hear that some workers have been laid off. This is the arrogance that we are talking about," Shamenda said.
"We know KCM is in serious financial needs and we are not going to allow them to leave a shell."
On Monday, shortly before he addressed a Cabinet meeting at State House, President Sata threatened to revoke KCM's licence if it laid off even one worker following the firm's announcement to relieve 1,529 workers with the view of moving on to further mechanising its operations.
KCM had by September issued letters of termination of employment to selected workers.
Some of the affected workers claimed that the letters had been backdated.
And former vice-president and Chingola member of parliament Enoch Kavindele said KCM had plans to leave and was looking for excuses for its exit.
"The situation in Chingola where I have been member of parliament for 18 years is bad. The future is bleak. It's like they (KCM) have a lot of problems and are just looking for excuses for someone to say, 'just go'," said Kavindele.
ADD president Charles Milupi said Zambia must cease to be surrogates of the mining firms.
Milupi said it was unfortunate Zambians had chosen to be surrogates of the mining sector.
"This is why we have been continuously telling this government if we had gotten enough dividends at the time when copper prices were very high to use in diversifying this economy, creating other employment opportunities such that if the mining companies lay off people, there would be other opportunities for them but because we have chosen to be surrogates to the mining sector, we have become desperate to maintain employment in the mining companies," Milupi said.
"KCM is saying they need to mechanise, they are saying that productivity, one worker producing an average of 80 tonnes of copper per annum, when the world average is 100 tonnes. If you look at these figures, it shows one is running a very big operation. My argument is that they cannot just say, 'we'll lay off labour'. They are other ways that they could have used such as increasing productivity. They have to make us understand why the production is so high."
Labels: CHARLES MILUPI, FACKSON SHAMENDA, JOY SATA, KCM, KISHOR KUMAR
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Sata tells KCM off
By Roy Habaalu in Lusaka and Darious Kapembwa in Kitwe
Tue 05 Nov. 2013, 14:01 CAT
IF KCM chief executive officer Kishor Kumar wants to blackmail us, we shall sort him out, President Michael Sata has warned. Speaking ahead of a Cabinet meeting yesterday, President Sata said Konkola Copper Mines (KCM) wanted to blackmail the government after it stopped the company exporting copper concentrates.
"And please, Mr Fackson Shamenda (labour minister), go and tell Mr KCM chief executive officer Kishor Kumar, if he's threatening us that he wants to lay off people at Konkola Copper Mine, let him lay off one person, then we take away the licence from him; that's the best way of laying him off because investment should be for the people. And if that Mr Kumar wants to threaten us, to blackmail us, he can go to hell, we shall sort him out," President Sata said.
He said for 49 years, Zambia had survived on workers' pay, not from what came from companies.
"I am imploring the Minister of Finance to try and do something... that's why these people like the mines want to export our soil (copper concentrates) because they want to evade revenue. So please, let's work on that," President Sata said.
He said the Ministry of Finance was performing well and that all ministries needed to be supported.
Kumar last Friday announced plans to carry out outplacement of 1,529 employees as the mining giant pursued a mechanisation programme for all its operations.
At a press briefing in Kitwe on Saturday, Kumar said current productivity at eight tonnes per year per employee compared to global norms of 100 tonnes was unsustainable.
"This is due to the fact that KCM Nchanga operations are still using the costly conventional methods of mining compared to mechanised mining, which most of our global peers have adopted. In the continuing restructuring of our operations, KCM is moving towards mechanisation and automation of all its operations to ensure efficiency and higher productivity," Kumar said. "The resultant changes may affect upward of 1,529 members of our staff, through labour outplacement."
But mines minister Christopher Yaluma said the government would not buy into KCM plans to lay off over 1,500 workers.
Meanwhile, Mineworkers Union of Zambia general secretary Joseph Chewe says the union will bitterly fight the mining giant until the government finds a suitable investor in the mines.
Chewe said MUZ had on several occasions advised KCM on numerous ways to increase production, but that the advice had fallen on deaf ears.
"Look, KCM and Mopani both inherited old mines, but Mopani is sinking new shafts; they are almost done sinking the synchlinorium shaft at Nkana, they have done a new shaft at Mindolo and soon they will be building another shaft in Mufulira in order to extend the lifespan of the mines. Why can't KCM do the same? Why should KCM be given special treatment?" wondered Chewe.
"We will fight to the bitter end until a responsible investor takes over the operations if KCM is tired."
And Fr Luonde, a Kitwe-based Anglican priest, said it was clear that the Vedanta Resources-owned mine was not comfortable with the Patriotic Front government's policies of maximising on mineral wealth to benefit the Zambian people hence the 'blackmail'.
"This behaviour by KCM is very dangerous, totally unacceptable for us people on the Copperbelt and Zambia in general. Because when you go to
Chile, the biggest copper producer in the world...it is only here in Zambia where mining companies have been given so much leeway," he said.
Fr Luonde said President Sata and the Patriotic Front had inherited problems in the mining sector where the multinational corporations were untouchable in the previous regime.
"KCM cannot be claiming ownership of our mines; these mines have been there before. And this KCM is just reaping where they did not sow. After that they want to use an excuse of mechanisation as the reason for laying off labour. No! We will not allow that, because mechanisation or modernisation does not happen overnight, it does not happen in a short time, it takes time, it happens gradually. So KCM must tell the truth which is that the current government wants to change the way these mines contributed to national development. This is not a problem of the PF. This is a problem that Chiluba created, when he gave away mines for a song and they enjoyed that. Now that there is a change of policy from the past, they want to armtwist government," he said.
Fr Luonde said allowing KCM to lay-off 1,529 workers meant that 4,000 families would be thrown onto the streets.
"We are ready to work with government on this matter. Because they (KCM) have made their profits and must go so that other people come in and adhere to the country's labour laws. Copper is a diminishing asset, so if government does not collect maximum benefits from mines now, when is that time? My appeal is that government should not allow to be blackmailed," said Fr Luonde.
Labels: FACKSON SHAMENDA, KCM, MICHAEL SATA
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KCM playing with fire over PAYE, warns Shamenda
By Abel Mboozi
Mon 28 Oct. 2013, 14:01 CAT
COMMENT - KCM is 87% owned by Swiss based champion tax evader Glencore International AG. - MrK
LABOUR minister Fackson Shamenda says the government has officially written Konkola Copper Mines (KCM), directing the mining company to offset the difference in Pay As You Earn (PAYE) due to the Zambia Revenue Authority.
Shamenda said in an interview yesterday that on Friday, he met KCM management and the union at his office, where the mining company was reprimanded for its 'incompetence' over the non-remittance of PAYE for its workers to ZRA over years.
"KCM is playing with fire; the company cannot blame workers for a mistake which has taken five years. Its incompetence should not be blamed on workers. I have officially written to management at the company, reaffirming my directive, which has to be followed to the latter," Shamenda said.
He said failure on the part of KCM to follow the government directive would spell severe consequences on the mining company.
A tax audit conducted at KCM recently had established that the mining company underpaid PAYE tax for its workers for the financial years 2006, 2007, 2010 and 2011 due to a 'payroll system error'.
Following the audit, KCM decided to effect deductions from its employees effective October to offset the defaulted amount for PAYE owed to ZRA.
To that effect, Shamenda last week directed that KCM should not effect any deductions from employees in form of tax arrears because it was not their fault.
Shamenda said it was not the employees' responsibility to ensure that correct tax is deducted.
In June this year, KCM had asked the government for time to pay back an overdue K136.8 million or US$25.8 million debt it owes the ZRA.
The company asked the government to give it time to pay, citing high costs of production in the industry even as copper prices remained buoyant but Shamenda said the mines had an obligation to pay tax to the ZRA as prescribed by the law.
The Mine Workers Union of Zambia had even sought the intervention of the court through an injunction to stop KCM from effecting the deductions but later withdrew the matter following Shamenda's directive that the deductions should not be effected.
Labels: FACKSON SHAMENDA, KCM, NEOCOLONIALISM, PAYE, TAX EVASION
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Sata is lowest paid head of state - Shamenda
By Allan Mulenga
Wed 16 Oct. 2013, 14:00 CAT
LABOUR minister Fackson Shamenda has urged politicians to stop scandalising the government over its decision to effect a 10 per cent salary increase for the President and other constitutional office holders. And Shamenda says President Michael Sata is the lowest paid Head of State in the Southern Africa Development Community region.
Meanwhile, Shamenda says the Judiciary needs to be protected from unwarranted attacks because it cannot rebut or defend itself. In an interview yesterday, Shamenda said politicians should avoid spreading falsehoods regarding the Statutory Instrument No. 91 on the Presidential salary and allowance, as well as Statutory Instrument No. 92 on the revised salaries and allowances for constitutional office bearers.
"The salary increment for everybody in government now has been only 10 per cent. The nurse got 21 per cent. Ministers and others got only 10 per cent. The other constitutional office holders, like from ministries, the permanent secretaries, they didn't even get anything. They got zero per cent," he said.
"People should be truthful. That is why people say 'politicians should not be trusted'. We should be truthful; you can't be so desperate using falsehood. It is not good. If you go and tell the nurses that 'you nurses you got 21 per cent and ministers got themselves 100 per cent', if that is not inciting nurses, (then) I don't know what incitement is all about."
Shamenda said it was irresponsible for UPND leader Hakainde Hichilema to incite the public to rise against the government over the newly-revised 10 per cent salary increment for the President and other constitutional office bearers.
"This is irresponsible lie from someone who wants to be the President. Because you can cause chaos in the country. We have never been to a situation of war. It is very easy to start war by inciting people. But stopping it is something which is difficult," he said.
And Shamenda urged politicians to stop maligning President Sata as he was the lowest paid head of state in the region.
"Our President is one of the lowest paid in the country ... even judges get more than the President. Let those guys who are saying that look at the salary which the President was getting and what he will be getting if it amounts to 100 per cent increment. That type of politicking is very dangerous and malicious," he said.
Shamenda said President Sata had been leading a humble and simple lifestyle.
"People should be happy when we uplift living standards of others. Surely, in the world today should we be proud that our President is the lowest paid in the region? Others can be because they have made money through other dubious means. But our President is very honest and humble. If you check his lifestyle, it is that of a man who has been very humble throughout his life. If you are adjusting salaries for other people in all honesty, you need also to adjust the salary for the person at the top, isn't? It just makes sense. It is not fair to start scandalising people on issues which are not true," said Shamenda.
On Friday, finance minister Alexander Chikwanda issued statutory instruments 91 and 92 on the Presidential emoluments amendment and ministerial and parliamentary offices emoluments amendment respectively.
According to the SI 91, the President would be paid a salary calculated at the annual rate of K414,406 and a special annual allowance of K108, 934, which translates to K43,611 per month.
The Vice-President has a basic annual salary of K250,551; K62,360 as special allowance per year and K49,098 as utility allowance while the speaker has K239,557, K55, 299 and K49,098 as basic salary, special allowance and utility allowance annually.
The salary adjustments affect all members of parliament too.
And speaking during the opening of the colloquium for judges at Protea Hotel in Livingstone and attended by Tanzania and South Sudan's chief justices, Mohammed Chande Othman and Chan Reecmadut respectively, Shamenda said the judiciary was the only profession that would never be right as even the guiltiest would never be satisfied with judgments.
"That is why it worries me when the honourable men and women of the bench are unfairly attacked by the public. We need to protect the Judiciary from unwarranted public attacks because the Judiciary cannot rebut or defend itself from such attacks," he said.
Shamenda said judgments always had two sides of a coin and that one of the aggrieved sides would not be satisfied with the judgment and even the most guilty.
"Hence they will complain that the verdict was not correct," he said.
He said Supreme Courts had proven a sense of creativity through going beyond the borders to inquire about solutions found in both the case law of other national jurisdictions and the international sphere.
Shamenda said the review of the Zambian labour laws would provide job security to the employees.
"Africa has become an attractive investment destination and there is an influx of investors from around the world…such investments pose a challenge to governments to put in place laws to protect desperate unemployed people against exploitation. Hence there is need to have legal framework," he said.
Shamenda said Zambia has ratified 43 International Labour Organisation conventions out of which 39 were in force and four had been denounced. Shamenda said six ILO conventions had been submitted to cabinet for consideration.
And ILO director Martin Clemensson said the symposium should be seen in the context of increased exchange among judiciaries across borders.
Clemensson said the purpose of the meeting was to promote exchanges of experiences regarding some crucial fields of international labour law and discuss how they could bring added value to domestic legislation.
Labels: FACKSON SHAMENDA, MICHAEL SATA, PRESIDENCY
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No need for ultimatums over the constitution - Shamenda
By Abel Mboozi
Fri 13 Sep. 2013, 14:01 CAT
THERE is no need for anybody to give the government ultimatums on the constitution-making process which is on course, says Fackson Shamenda.
Shamenda, who is acting chief government spokesperson, said in Lusaka that the issue of the constitution was important, thus stakeholders should learn to engage the government over the same.
"Giving the government ultimatums and running through the back door over this important national issue is unreasonable," Shamenda said in reaction to demands by a coalition of civil society organisations claiming that the exercise has been prolonged unnecessarily.
Shamenda said the previous government made various attempts to review the constitution but nothing tangible came out.
"We have only been in power for two years but we have reached an advanced stage over the constitution review process. People should therefore not derail us with ultimatums," he said.
Shamenda said the government wanted to mould a better constitution that would stand a test of time and it was doing so in a transparent manner.
He said there was no need for anybody to panic over the constitution-making process because the PF government was determined to accord Zambians a better constitution.
On Tuesday, Beatrice Grillo, who spoke on behalf of the civil society coalition, said it was unacceptable that for 17 years, Zambia had continued to battle with the issue of the constitution review process.
"As civil society, we are dismayed by the prolonged delay in finalising the constitution review process. We still believe this work would have been finalised by now had government premised this important task on a clear and well thought out roadmap," she said.
Grillo said the civil society expected the government to priotise the drafting process and deliver to the public a second draft constitution by September 30, 2013.
She said the coalition had resolved not to allow fragmentation of civil society voice to make it easier for those in power to divide, rule, manipulate and weaken them.
"We vow to remain united for the sake of all Zambians because the constitution is food on the table for every citizen. A people-driven constitution delivers economic and social liberty for all. It's a liberation and good governance tool," she said.
Grillo said the government must come out in the open on the issue of the referendum.
"As civil society, we still stand by our position that the referendum will be the best mode of adopting this important national document," said Grillo.
Labels: BEATRICE GRILLO, CONSTITUTION, FACKSON SHAMENDA
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Sata's ministers giving him wrong advice - Nawakwi
By Henry Sinyangwe
Tue 13 Aug. 2013, 14:01 CAT
EDITH Nawakwi says President Michael Sata is surrounded by wrong ministers who are giving him wrong advice. And Nawakwi, who is Forum for Democracy and Development leader, says the labour sector is in a mess.
Nawakwi said ministers like Fackson Shamenda were failing to provide answers to various issues concerning national development.
"These people are not advising our head of state properly because they are too emotional. So if you tell people that Edith is being emotional, so what? The likes of Shamenda like to stereotype women and tears are only associated with women; I am not crying. So really I think my brother should reflect," she said.
Nawakwi said the nation needed to be assured that the economy was on the right course rather than the ministers' emotional responses whenever they were criticised.
"And on the fact that do people have secure jobs? Do people have security of tenure? That is the role of a Minister of Labour and Social Security, and he addressed none of those. Instead, in their usual style, he took the emotional position. Being a Christian, he should go back and read the book of Proverbs. When someone is telling you something, listen to the words, don't look at who is talking about it," she said.
Nawakwi said she expected Shamenda to concentrate on answering the discussion on the flouting of labour regulations by immigrants on the pretext that they are investors.
"When you use word like 'frustrated', frustrated with what? I honestly want to contribute to my country in a manner which people can see as being of value, and if someone is as emotional as Shamenda, they actually mislead the government. We want to get responses from the minister responsible as honorable Chikwanda has rightly responded.
Shamenda is ignoring his portfolio; the labour sector is in a mess. He should address that," she said. Nawakwi challenged the government to state when it would clean up the UNZA payroll.
"However, we have raised specific points. If we are doing fine, why is there no insulin in the clinics? We raised issues about the university, why haven't we responded as to when government will clean up the payroll at the university. We raised issues about these Chinese and other nationals who are selling vegetables on the streets and the market," Nawakwi said.
She said some of the ministers had no direction.
"Some of these ministers have no direction because people like Shamenda. I raised very critical issues which he should address. Why do we have foreigners selling vegetables at the markets, Tuesday Market?" she asked.
Last week, Shamenda dismissed as mischievous allegations by Nawakwi that the country was headed for a K5 billion budgetary deficit by the end of the year.
Shamenda said the allegation was symptomatic of a frustrated and failed politician who wanted to use lies to gain cheap political mileage.
"Ms Nawakwi once served as Minister of Finance under the MMD government when corruption and general mismanagement of the country's economy thrived, which this government is now working hard to reverse," stated Shamenda.
"She should, therefore, not pretend to have answers to the management of the country's economy now which she failed to provide then."
Nawakwi had challenged finance minister Chikwanda to shed light on expenditure concerns from local and the international communities.
Labels: EDITH NAWAKWI, FACKSON SHAMENDA, MICHAEL SATA
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'Govt aware of L/stone retirees' planned protest'
By Cynthia Phiri in Choma
Fri 12 July 2013, 14:01 CAT
LABOUR Minister Fackson Shamenda says the government is aware of a ploy in which some unpaid retirees in Livingstone have planned to stage a protest during next month's United Nations World Tourism Organisation general assembly.
Shamenda, who disclosed this in Choma yesterday when he called on Southern Province permanent secretary Bernard Namachila, said the planned protests were discovered after a fact-finding mission undertaken to the tourist capital by himself and senior officials in the ministry, who included permanent secretary Trevor Kaunda and labour commissioner Cecilia Mulindeti Kamanga.
He said over 200 aggrieved retirees who have not been paid their dues since 1998 were planning to protest against the government, adding that if not forestalled, this would undermine the successful hosting of the UNWTO activities.
He said during his visit to Livingstone, he discovered that if labour issues were not handled properly, the country would suffer an embarrassing situation of protests by workers during the UNWTO General Assembly.
Shamenda called for urgent action to resolve matters that could trigger industrial unrest during the event, which will be attended by international delegates.
"It is also disturbing to learn that there is no single labour officer in Livingstone following the relocation of the provincial capital to Choma. Livingstone is a busy town with a lot of economic activities and it is unacceptable for it to be left unmanned," he said.
Shamenda directed Kaunda and Kamanga to immediately deploy a labour officer in Livingstone. He said there was no way Choma could have two labour officers when Livingstone had none.
And Namachila assured Shamenda that measures would be taken to forestall the planned disturbances during the upcoming UNWTO general assembly.
Labels: FACKSON SHAMENDA, LIVINGSTONE, PENSIONERS
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Manipulating the poor
By Editor
Sun 12 May 2013, 14:00 CAT
Fackson Shamenda says manipulating the poor and abusing public resources leads to destruction. It can't be disputed.
It is said that manipulators have never deserved anybody's respect or been successful anywhere. Manipulators are like little sailboats that go with the wind and the waves. Manipulation is synonymous with opportunism. Manipulation doesn't have substance; it doesn't have roots. We think that everything is possible among people who are honest with themselves and with others.
Manipulating the poor to benefit oneself politically or otherwise is cruel. And as Fidel Castro once remarked, "He who betrays the poor betrays Christ."
We are reminded in Proverbs 30:14: "There are people who take cruel advantage of the poor and needy; that is the way they make their living." And we are also directed in Proverbs 31:8-9: "Speak up for people who cannot speak for themselves. Protect the rights of all who are helpless. Speak for them and be a righteous judge. Protect the rights of the poor and needy."
Shamenda says the priority of the Patriotic Front and its government is to attend to the needs of the majority poor. A poor people's government protects the poor. Only when the poor have such a government can they educate and remould themselves on a countrywide scale, with everyone taking part and not allow themselves to be led astray by manipulators and all sorts of opportunists.
The enjoyment of the right to an adequate standard of living by the poor requires, on the part of the government, a preferential option for the poor.
The Patriotic Front and its government seems to be very clear about its mission to serve the poor. And in this preferential option for the poor, which should not be understood as something exclusive, the true spirit of the Gospel shines. Jesus declared the poor to be blessed (Mt 5:3; Lk 6:20) and he himself wanted to be poor for our sake (2 Cor 8:9). It is the realisation that in situations of poverty, we are called upon to make a preferential option for the poor.
And by a preferential option for the poor, we mean a special solidarity with those who are in any way deprived or placed at a disadvantage in society. It is motivated by the love that God wishes us to have for all people. Through this love, we desire that the rights and dignity of every person may be respected. Therefore, we are drawn to the side of those who are deprived of justice and robbed of human dignity. This is described as "preferential" rather than "exclusive" because it does not imply the exclusion of anyone from care, respect or love. What we desire for the poor we desire for all people. If the poor are given preferential treatment, it is because of the greatness of their disadvantage. The aim here is not to create a new elitism, but to bring about a situation of justice and equality.
Preferential option for the poor may be compared to the special concern that a family would have to one of its members in distress. What is given to the one is not taken away from the others. This kind of preference was a distinct characteristic of Jesus, who always showed a special care for the poor, the sick, the marginalised and the defenceless (Mt 11:4; 5:25-30).
Since, in practice, the common good is not sufficiently cherished, and since too many people fail to live in solidarity with the community, it is inevitable that there are those who suffer as a result of these failures. These are the poor, those living on the margins of the community, those whose interests have been neglected or ignored. As such, they are especially entitled to solidarity, to the special commitment of the rest of the community to remedy the situation in which they find themselves. It is this special commitment which we call the "preferential treatment of the poor".
In practical terms, it means that our economic actions and decisions must not only avoid harming the interests of the poor, but must actually contribute to their upliftment.
For this reason, economic efficiency is not the primary consideration; the poor must be given privileged treatment, even at the cost of some measure of technical inefficiency. The option for the poor can be exercised not only in favour of the materially poor, about whom we are mainly concerned here, but also towards those who have been marginalised because of gender, disability or for whatever reason. Indeed, such classes of people often tend to be materially poor as well, as a direct result of being marginalised.
Also, it must be understood that the poor are not passive recipients of this option, but active participants in its exercise. They must demand what the common good requires for them and they must exercise the same solidarity among each other as the community as a whole must show to them.
Of course, the option for the poor is not an option against the rich. We are bound together and what serves the interest of the common good also serves our interests as individuals. Therefore, the option for the poor is a call to the rich to participate in the upliftment of the poor, to the benefit of the whole society.
It shouldn't be forgotten that this preferential option for the poor is also built upon the concept that Christ is in those who are poor and have no food, shelter and clothing. When these people go hungry and suffer, Christ suffers as well. A human being has a right to eat. When a person goes hungry, Christ goes hungry. When a person is hungry after being denied food, Christ has been denied food (Mt 25:31-36).
So the Patriotic Front and its government's prioritisation of the needs of the majority poor is well founded in Christ's doctrine and as such deserves the support of all. Everything they say or do to uplift the living conditions of the poor deserves respect and support.
Labels: FACKSON SHAMENDA, POVERTY
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PF has learnt from MMD's downfall - Shamenda
By Misheck Wangwe in Kitwe
Mon 29 Apr. 2013, 14:00 CAT
LABOUR minister Fackson Shamenda says the PF and its government will never abuse public resources as they have learnt serious lessons from the MMD's downfall.
During the PF Copperbelt fundraising golf tournament at Nkana Golf Club in Kitwe on Saturday, Shamenda said manipulating the poor and abusing public resources led to destruction.
He said the priority of the PF and its government was to attend to the needs of the majority poor while delivering on its promises of creating wealth and enhancing infrastructure development.
Shamenda said President Michael Sata had made it clear to ministers and party officials that public resources should never be used for party activities.
"The PF government believes that there should be a distinction between the resources of government and the resources of the party. The resources of government under the PF go directly to development and the resources of the party are generated by the party itself. Other political parties, even if they are not in government, they will not be stopped whatsoever from doing fundraising," Shamenda said.
He said the desire of the government was to execute its duties diligently and promoting transparency in the management of national resources.
And Shamenda said the PF would never make manoeuvres to destroy the opposition as claimed by some opposition leaders.
"Those friends of ours that belong to other political parties, don't cry foul. Organise yourselves the way we used to organise ourselves years back when we only had one member of parliament. We never gave up, we never despaired and the PF cannot be held responsible for the disorganisation and confusion in the opposition. As at now the PF is the only one with good managers compared to other political parties and that's the fact," Shamenda said.
He said President Michael Sata's government would never turn Zambia into a one-party state, contrary to claims by some opposition leaders.
Shamenda said it was a democratic right of the PF to campaign and get stronger just like any other political party.
"We as a people, as a government together with President Michael Sata, will never ever take this country back to one-party state but we are not going to organise your parties anyway. It is not our responsibility to organise the opposition," said Shamenda.
And speaking earlier, PF Copperbelt chairman Robert Mwewa said the party would not run to the government to seek financial assistance to attend to party issues but would generate its own income to run the party affairs in the province.
He said the party would not let down the people that ushered the PF into government but would work hard to impress, adding that the integrity of the party lay squarely on the shoulders of its leaders.
Mwewa said the party raised KR180,000 from the fundraising golf tournament.
And Mopani Copper Mines chief executive officer Danny Callow, who is also Nkana Golf Club chairman, said the company would continue supporting golf while executing tangible corporate social responsibility programmes in all its areas of operation.
Labels: FACKSON SHAMENDA, MMD, PF
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Curbing the mushrooming of splinter unions
Thu 17 Jan. 2013, 14:00 CAT
The discourse between Zambia Congress of Trade Unions president Leonard Hikaumba and labour minister Fackson Shamenda over splinter unions provokes laughter. Hikaumba is asking the government to help in curbing the mushrooming of splinter unions as they undermine oneness.
But Shamenda's response is that the forming of splinter unions will not stop as long as there is no leadership provided by ZCTU. And he says that the government is not going to regulate anything, but that ZCTU could solve the problem by being relevant and accountable to their members.
We all know that the current legislation that allows for the proliferation of trade unions was a product of the MMD. Before that, ZCTU was protected and enjoyed the monopoly of being the sole representative of all Zambian workers. What is Hikaumba asking for? What does he want the government to do to curb the mushrooming of splinter unions? Does he want the government to legislate against splinter unions? But the government says it won't regulate that because that is not the problem. The government says the problem of splinter unions is a product of poor, irrelevant and unaccountable trade union leadership.
No one has forced the labour movement to fragment or proliferate. Yes, there is a law that allows for pluralism in trade unions, splinter unions. But that law does not make it mandatory for trade unions to proliferate and to fragment. It is the workers and their leaders who choose to proliferate and fragment.
We have consistently questioned the wisdom of having more than one union in an industry and even of having one confederation in the country. This is a small country, with a small economy and workforce. The numbers of workers in our small industries are also very small. Fragmentation of these small number of workers through the proliferation of trade unions does not in any way strengthen workers' representation. It instead weakens it. This fact is well known to all our trade unionists and their members and they have repeatedly raised concern over this issue.
But if this fact is well known, why are we still seeing so many trade unions being formed in one industry by workers and their leaders? If this is a very well known fact, why do we still have more than one trade union confederation in one country? There can only be one explanation and that explanation is the one given by Shamenda: the presence of an irrelevant and unaccountable trade union leadership; the absence of leadership provided by ZCTU.
Truly, there can only be one explanation for this: selfishness, greed and vanity. There are trade union leaders who don't care much about the plight of the workers, who care much about their own positions. And Hikaumba should ask himself why he should continue being at the helm of ZCTU when he has failed to unite the workers, curb splinter unions and strengthen the labour movement. Hikaumba has been at the helm of ZCTU for many years now, what has he done, what is he doing to strengthen the labour movement? Can Hikaumba explain and justify his continued leadership of ZCTU in the current situation and circumstances?
Hikaumba is talking about curbing splinter unions without explaining why the situation is what it is. Why? Is it because it will expose his leadership deficiencies?
The truth is Hikaumba has failed to unite the workers of Zambia both within ZCTU and outside ZCTU.
But why are workers allowing themselves to be led by the current crop of trade union leadership which is simply out to benefit itself at their own expense?
We all know that unity and solidarity make strength. And probably that is why ZCTU sloganeers about solidarity and has named its headquarters Solidarity House. But what solidarity is ZCTU championing?
We all know that while this universal truth - unity and solidarity make strength - is not relevant to the trade union movement alone, no other institution depends on it more than the trade unions and nobody can gain more from it than the working people. The capacity of workers to negotiate, promote and defend their rights and conditions depends to a large extent on their opportunity and ability to act collectively. Divisions and scattering of this collective strength weakens their position towards their employers and reduces the possibility that trade unions will represent workers' interests in an optimal way, be it at the level of enterprise or professional sector or within the framework of the socio-economic institutions of our country.
What we have said about ZCTU and Hikaumba also equally applies to the Federation of Free Trade Unions in Zambia and its leader Joyce Nonde-Simukoko. They have both failed to unite the workers of Zambia and increase their capacity to negotiate with their employers for more progressive or better conditions of service.
All acknowledge that one of the major weaknesses of our trade union movement today is lack of unity. The proliferation and fragmentation of trade unions over the last two decades has badly undermined the efficiency, effectiveness, representativeness and credibility of our trade unions. Today we have two trade union confederations in the country - ZCTU and FFTUZ - competing with each other, to the sole benefit of the opponents of the workers' welfare. For what? In whose interest?
There is need for our trade unions to start playing an indispensable role as guardians of workers' rights and conditions. They are not doing so well on this score today. To play this role well, unity and coherence in trade union policies and solidarity and mutual support will be more essential than ever.
The random creation of unrepresentative and ineffective unions has become the cause of divisions, confusion and abuse of trade union scene in our country. With good leadership, this problem can be minimised. A critical look at the reasons for this proliferation and fragmentation of trade unions will always reveal that they are rarely inspired by the true principles of freedom of association and trade union pluralism. They rather find their origins in the multiplicity of factors of distorted political, historic, legal or economic nature, or may be a consequence of the selfish ambitions of certain trade union leaders.
Trade union unity - both in action and in structures - should be the most urgent priority for the trade union movement in our country if its wants to be truly of value to the workers and to preserve or restore its credibility for the future. And only those who are capable of uniting our workers and their unions should lead the labour movement. This is the criterion on which trade union leadership should be weighed and judged. Only those who can increase unity should stay in the ranks of our trade union leadership.
Labels: FACKSON SHAMENDA, LEONARD HIKAUMBA, TRADE UNI0NS
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Zambia's poor work culture
By The Post
Mon 17 Dec. 2012, 14:00 CAT
Fackson Shamenda, our Minister of Labour, says the poor work culture among Zambians has led to low productivity in most institutions in the country. We agree.
Fackson also says that the work culture in the country should change if Zambia is to develop. Again we agree.
It's time for this country to wake up and start taking pride in our work. It is a national disgrace and if it doesn't end soon, the "Made in Zambia" label may completely disappear.
Our respect for work, at all levels, is very low. We have senior public officers who don't work, who just posture around, pretending to be working when they are doing nothing. If an audit was to be conducted at the end of each working day, it would reveal that many people actually report to workplaces to do nothing in connection with the tasks they are employed to perform. There are people who every day report for work just to use office transport to gallivant, doing their own things.
There are also people who report for work every day just to use the Internet to chat with friends, play computer games and do all sorts of personal things. There are also those who go to work just to spend most of the time talking on the phones with friends. In some places, there are women who report for work just to go and continue their knitting activities.
But at the end of the month, all these people, despite having contributed very little, get a salary. For what? For doing nothing!
This is the work culture that is taking root in our country. And in addition to this, there is a culture of pilfering that seems to be very strong in our institutions. Everyone is stealing something. Those whose job is to clean offices in the morning go away with cleaning materials.
They stop buying these things for their homes and just get part of those given to them to clean offices at work. Those who make tea for others also take home part of their tea stocks. Those who issue fuel stop buying fuel for their own private cars and help themselves to fuel from work. The list seems endless. But this is at the lower level. There is also pilfering of another kind at the higher level - unjustified travel allowances, unretired imprests, excessive expenditure and so on and so forth.
There are people in senior positions who spend very little of their time working. They are all the time busy travelling and attending workshops, seminars, conferences, collecting allowances and doing very little work. But at the end of the month, they get paid on top of the allowances. For what?
The wealth of society is created by the workers, peasants and working intellectuals. If they take their destiny into their own hands and take an active attitude in solving problems instead of evading them, there will be no difficulty in the world which they cannot overcome.
But today, we have a situation in the country where those who try to work hard are despised, are often told: finshi mulelwisha?
And those who want to be thrift in the use of resources are told: niva Boma; niva company, sivako.
In this way, a culture of not working, of wastefulness is encouraged.
Employees have a strict duty to give their employers efficient and conscientious work, for which they have a right to a just salary or wage.
But the problem doesn't end here. We also have people who simply don't want to work. We don't understand able-bodied people who simply do not want to work.
We wake up every morning and go to do the same job, at the same place, dealing with the same issues. It gets old, and there are days when we would rather just stay home. Doesn't everyone feel this way at times? The reality is that work is part of being an adult and living in society - we all need to be productive.
But why is it that some people think that they should be able to live a comfortable life without working?
As adults, we all get to make choices and live the consequences. Some people decide not to work and then try to escape the consequences by looking to others for support. They do this by just living off the generosity of others.
When people don't work, they are not contributing to society. This puts a burden on responsible working adults, who end up paying for them in the long run. These people are living off the labour of others.
Don't get us wrong, we believe in being charitable - in fact, we all have a responsibility to help others in need. It feels good to help a family that is really struggling, or someone with health issues, or the elderly, and so on and so forth. Sometimes people just end up in difficult circumstances and need help - we completely understand this.
With all that said, we believe that we are actually doing harm by helping those who choose not to work. We are enabling them, the same way we are enabling an alcoholic or a drug user. We are not talking about homeless people, those who are disabled, the elderly, or people with special needs. We are talking about normal people who are lazy and just don't want to work. These are able-bodied people who want others to pay their way and they are very good at figuring out ways to work the system. If these people don't want to work, they should have to live with the consequences.
Work is a person's most important activity. Work does not detract from the dignity of a human person; rather it increases the person's worth, for it is the means whereby the person overcomes the defects and limitations of one's fallen nature and reaches the goal that God has fixed for that person.
And for this reason, Fackson is right when he says that "people should not look down on each other's positions, everyone is important and should be treated with respect if we want service delivery in institutions". Truly, the true value of work is communicated to it by the worker, so that there is no such thing as degrading work since even the meanest chore is elevated and ennobled by the dignity of the person.
Clearly, if our country is to move forward, honest and hard work is demanded of us all. It is said that what a single ant brings to the anthill is very little; but what a great hill is built when each one does their proper share of the work! We shouldn't forget it has been decreed that "by the sweat of your face, you shall eat bread" (Gen 3:19).
Labels: FACKSON SHAMENDA, WORK ETHIC
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Violation of rights, interests of workers and retirees
By The Post
Fri 16 Nov. 2012, 14:00 CAT
Fackson Shamenda, the Minister of Labour and a former trade union leader, acknowledges the violations of the rights and interests of workers and retirees. And he has attributed this to "a lot of factors".
Fackson says the government has identified issues of concern regarding the country's labour laws and has pointed out a number of reforms that the government is undertaking or is planning to undertake relating "to declining and poor conditions of service for many Zambian workers, widespread casualisation of labour, unsafe workplaces, unrealistic and inadequate retirement packages which are often not in harmony with the cost of living and failure to pay pensioners and retirees their benefits on time".
Fackson has promised that the government is undertaking "a comprehensive review and amendment of current labour-related legislation; rationalise the administration of the ministry to effectively carry out its inspectorate function so as to promote the welfare of workers in workplaces; domesticate and implement international labour standards that Zambia is a signatory to".
But the government, as an employer and the largest employer in the country for that matter, is one of the leading violators of the rights and interests of workers, pensioners and retirees.
But while we welcome the good pronouncements being made by our Minister of Labour, we feel there is need to remind the government that it cannot call other employers to virtues, to respecting the rights and interests of workers, pensioners and retirees which it does not itself make an effort to respect, to observe, to practice and promote.
The government has to show leadership in the struggle to improve the conditions of workers and the respect of workers, pensioners and retirees' rights and interests. The government is doing very badly in terms of paying pensioners and retirees their dues. Politicians get their gratuities even before their term of office is over. Parliamentarians are always getting paid their mid-term gratuities. And before Parliament dissolves, all their dues are paid to them.
And all other politicians get their dues and other benefits long before their terms of office come to an end. But this is not so with the workers. There are many government workers who have been waiting to get their retirement benefits for many years and some have died long before getting paid. It seems the political leadership of this country thinks of itself first and the people they are elected to serve thereafter or as an after-thought.
It seems payments to the political leadership of this country take precedence over payments to government workers.
This being the case, how can government effectively and efficiently lead the struggle for the improvement of workers' conditions?
We ask our leaders to be exemplary in their daily lives. And the appeal for fair and just treatment of workers should be heard in government. Justice begins at home, and the government itself, together with the political leadership of this country, must be the first to give witness.
Employees have a strict duty to give their employers efficient and conscientious work for which they have a right to a just salary or wage. Work provides an opportunity for each of us to show that we are images of God. Why is this so? This is so because God is Creator and we, every woman and man, show forth God's image when we continue creation through our work, our labour, our engagement in shaping the future of our country. The dignity of work must be recognised with just wages and safe conditions.
Every employer should ask himself or herself the question: do I pay proper wages? And every employee should equally ask himself or herself the question: do I work conscientiously? Every citizen of this country should ask himself or herself the question: do I promote just employment policies?
Every employer, including the government, should give employees an honest salary or wage and then ask them for more substantial support.
We should condemn all forms of employment that place profit before persons and are based on the exploitation of one by another.
Of course, we cannot pretend that everything is as it should be in our country. There are times of great difficulties which often demand austerity measures to be put in place. But the austerity required in such times needs to be equally shared among all.
The rights of workers, like all rights, are based on the nature of the human person and on his or her transcendent dignity. Among these rights are: a just wage; a working environment not harmful to the workers' physical health or their moral integrity; social security, and the right to assemble and form associations. And therefore, trade unions which enable workers to improve their conditions should be valued and promoted by everybody in society.
We are reminded in Matt 20:4: "Go to my vineyard and I will give you a fair wage." Remuneration for work should guarantee people a dignified livelihood for themselves and their families.
Government should therefore regulate industries and commerce to protect workers' rights and to curb exploitation. By means of work and making use of intelligence, people should be able to make the earth a fitting home - "... come to me, all you who labour and are over-burdened, I will give you rest" (Matt 11:28).
A society's wellbeing depends on efforts to ensure that no member feels excluded from the mainstream of society. This requires that all groups, but particularly the most vulnerable, have opportunities to improve their lives. Access to dignified employment is one sure way of ensuring the inclusion of everyone in the life of society. Zambia has been enjoying economic growth but the poverty levels have not adequately reduced as a result. The creation of dignified employment is crucial to ensuring the reduction of poverty in the face of economic growth.
By means of work and making use of the gift of intelligence, people are able to exercise dominion over the earth and make it a fitting home - "your work will provide for your needs; you will be happy and prosperous" (Ps 128:2).
Clearly, work is at the centre of the social question, the key to making life more humane. And it is pleasing to see the government increasingly taking a pro-worker stance and committing itself to justice for workers and wanting to be a government of the poor.
People have the right to the fruits of their labour, but should use them to benefit all - "work with your hands and be dependent on nobody as we charged you" (1Thess 4:11).
We are all called to use our talents through our work in order to build up the good of our society. The effect of having no quality jobs, high unemployment is degrading and making quality work available is most important. And each worker is called to learn their trade well and practice it with care; the sanctification of work consists in this.
But we should always bear in mind that people's work concerns not only the economy but also, and especially, personal values. Work is rooted in respect for human dignity. It is done by a collection of individuals who have chosen to come together and to unite their minds, wills and hearts for the common good. And as such, every effort should be made that the enterprise becomes a community of persons.
If our country is to move forward, honest and hard work is demanded of all of us - "by the sweat of our face, you shall eat bread" (Gen 3:19).
Clearly, the priority of work over capital places an obligation in justice upon employers to consider the welfare of their workers before the increase of profits.
The socioeconomic problems that occur today cannot be solved unless new fronts of solidarity are created: solidarity of the poor among themselves, solidarity with the poor to which the rich are called, solidarity among the workers, and with the workers. Institutions and social organisations at different levels, as well as the state, must share in a general movement of solidarity.
There will be opposition from capital to these initiatives that the government is taking to protect the rights of workers and improve their conditions. But what needs to be done should be done in spite of the opposition that may be faced. The economy should be for the benefit of all the people.
Labels: FACKSON SHAMENDA, LABOUR
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Katele Kalumba sues Fackson Shamenda for allegedly grabbing a piece of land from him
TIME PUBLISHED - Wednesday, October 24, 2012, 7:27 am
Former MMD National Secretary Katele Kalumba, has dragged Labour Minister, Fackson Shamenda to court for allegedly grabbing a piece of land from him.
Dr Kalumba who is a former Finance Minister has since asked the Lusaka High Court to grant him an injunction to restrain Mr Shamenda from carrying out any developments on the said land.
This is contained in a writ of summons filed on Monday before the Lusaka Principal Registry by Dr Kalumba of Lake View house, Natende, Chiengi district, Luapula province.
He has sued Attorney General Mumba Malila as the second defendant pursuant to the State Proceedings Act Chapter 71 of the Laws of Zambia.
He is seeking a declaratory that the re-entry by the Commissioner of Lands on the said plot was null and void and an order that Mr Malila should give back the said Certificate of Title L 318 to him or alternatively to Dr Kalumba and be the re-registered beneficial owner and issued with a Certificate of Title.
Dr Kalumba is further seeking damages, profit accrued, interests and costs from Mr Shamenda.
He contends in his statement of claim that he was the holder of Title number L318 relating to Plot number 9395/M situated in Lusaka province and that Mr Shamenda was purported to be the holder of Certificate number 185050 relating to Lot number 9395/M situated in the same province.
Dr Kalumba said he was at all material times ending October 19, 2012 the registered owner of the property situate in Lusaka and known as Lot Number 9395/M, Lusaka.
He said by October 9, 2012 the Commissioner registered in the Lands and Deeds Registry a Certificate of re-entry and on October 12, 2012, the Registrar of Lands issued a new Certificate of Title number L8550 to Mr Shamenda.
He said when he acquired the said property, he engaged Aquanova Limited to carry out construction of developments but the police had started using the same land as their recreation place and as such it was not available for development.
He said he approached the Commissioner of Lands and attempts were made to give him an alternative piece of land but the same never came to pass.
Dr Kalumba said when the Commissioner of Lands failed to give him alternative land, his wife delivered building materials to the place but was advised by the people he found at the site that the land belonged to Mr Shamenda.
He said this was done without any notice given to him adding that there were no lawful grounds which existed for forfeiture or re-entry of the said property before allocating it to Mr Shamenda.
Dr Kalumba said as a result of Mr Shamenda’s behaviour, he has suffered loss and damages the reason he was seeking relief from the courts of law.
He is being represented by Vincent Malambo and Company.
Labels: FACKSON SHAMENDA, KATELE KALUMBA, MMD
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Re-establishment of public employment services on cards
September 6, 2012
By NANCY MWAPE
GOVERNMENT will next year re-establish
public employment services to address unemployment in Zambia that still remains a challenge. Minister of Labour and Social Security Fackson Shamenda says Government is working on a number of interventions to address unemployment in the country.
“Indeed, unemployment still remains a challenge in Zambia; we are still faced with a large informal sector with little or no decent working conditions,” he said.
Speaking at the Friedrich Ebert Stiftung (FES) annual reception held in Lusaka on Tuesday night, Mr Shamenda said Government will also implement apprenticeship or internship programmes in collaboration with employers’ organisations.
He said the Ministry of Finance and Youth and Sport are leading the development of youth empowerment schemes while the Labour Ministry together with other partners is leading the development of the 2012 – 2015 decent work country programme.
Mr Shamenda said his ministry is working with the central statistical office to conduct the 2012 labour force survey on baseline data for assessing performance scheduled to commence in two weeks’ time.
He said the ministry will also put in place an overarching employment promotion strategy to replace the national employment and labour market policy that has been in place since 2005 but was not implemented.
“Government will remain true to its word. What we have done in the past eleven months is in line with the party manifesto.
Working with FES and the International Labour Organisation, we have engaged a consultant who will work on a roadmap on comprehensive labour laws,” he said.
Mr Shamenda said it is common knowledge that when the PF took over the country, it had fairly good economic indicators in terms of inflation rates and growth but noted that the social situation in the country at the time left much to be desired, which was manifested by very high unemployment, underemployment levels and rampant abuse of workers’ rights.
He also commended FES for its contribution made over the years in the areas of capacity building for labour administration and general governance.
Earlier, FES resident director Heiner Naumann cited civic education, research in socio-economic matters, support of trade unions, small scale industries and democratic organisations as part of the institution’s areas of support.
Mr Naumann said FES believes in a principal functioning of Zambian democracy adding that the fight against corruption, decent conditions of work and the empowering of underprivileged groups of the society are a great concern.
Labels: FACKSON SHAMENDA, JOBS, LABOUR, UNEMPLOYMENT
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Pay or don’t employ, Shamenda tells employers
TIME PUBLISHED - Saturday, July 21, 2012, 10:12 am
THOSE who cannot afford to pay the revised minimum wages should not employ domestic, shop or general workers so that they do the work themselves, Minister of Labour and Social Securities Fackson Shamenda has said.
Mr Shamenda said people claiming to be ‘too poor’ to pay maids and other workers who fall under the revised minimum wage category should do the menial jobs themselves. He said this in Parliament yesterday during questions for oral answer.
Mr Shamenda said this in response to Mafinga member of Parliament (MP) Catherine Namugala (MMD) who asked how low income workers such as teachers will afford to pay their maids following the revised minimum wage.
He replied that the Patriotic Front (PF) government has an obligation to protect the interest of all workers, especially the marginalised. Mr Shamenda said most employers can afford to pay workers the revised minimum wage but are just trying to be selfish.
He said Government has not received meaningful submissions from the Zambia Federation of Employers (ZFE) over the revised minimum wage. “This government will not allow employers to continue paying workers slave wages. When are we going to become a humane society?
“We are aware that most of the people who are complaining get a salary of K20 million per month and 15 percent of that is K3 million which can enable them to employ six maids. And we are also aware that some people get K750,000 as an allowance for working out of town per night and yet they are against the minimum wage,” he said.
Mr Shamenda said big companies and individual entities continue to frustrate vulnerable workers. He maintained that Government has no apologies to make over the revised minimum wages. Mr Shamenda revealed that the ministry has also engaged the International Labour Organisation (ILO) to assist in reviewing and overhauling all labour laws in conformity with the prevailing living standards.
Earlier, Deputy Minister of Labour Rayford Mbulu told the House that the ZFE proposed a 15 percent increment on the previous minimum wage of K250,000 for domestic workers. Mr Mbulu, however, said the Minister of labour is empowered by law to ultimately determine the minimum wage after consultations.
Meanwhile, the Zambia Congress of Trade Unions (ZCTU) and the Copperbelt University Students Union (COBUSU) have separately welcomed Government’s decision to revise the minimum wage. ZCTU secretary-general Roy Mwaba said the revised minimum wage is one of the tools Government can use to ensure shared prosperity.
“ZCTU has the mandate to fight for living wages and it can be acknowledged that even the revised rates of the minimum wage do not meet the tenets of a living wage,” Mr Mwaba said. He said the ZCTU does not believe that increasing the minimum wage will always lead to loss of jobs.
Mr Mwaba said the relationship between minimum wages and unemployment is an issue that requires deeper analysis with empirical evidence to show the correlation between the two. He, however, noted that there was little consultation by Government with other stakeholders.
COBUSU president Thompson Luzendi said the students are happy with the increase of the minimum wage. “We are extremely disappointed and shocked with the negative reactions exhibited by some members of the public against Government’s decision to increase the minimum wage,” Mr Luzendi said.
He said most Zambians are happy with the revision because poor workers have been exploited in the past. “We also appeal to the many poor Zambians to support the revised minimum wage and also to support the current Government on this matter because it’s us the poor people who are affected. This is a pro-poor law,” Mr Luzendi said.
[Zambia Daily Mail]
Labels: CATHERINE NAMUGALA, FACKSON SHAMENDA, MINIMUM WAGE
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Minimum wage
By The Post
Sat 14 July 2012, 16:00 CAT
There has been an interesting debate over the recently announced minimum wages.
According to the Statutory Instrument No. 45 of 2012 signed by the Minister of Labour, Fackson Shamenda, on July 4, 2012, the minimum wage for a person engaged as a general worker, cleaner, handyman, an office orderly, watch person or guard must be K700,000 per month or K3,646 per hour.
A person engaged as a driver must be paid K1,002,386 per month or K5,220 per hour. Typists or receptionists must be paid not less than K1,085,919 per month or K5, 656 per hour. And a qualified clerk should be paid not less than K1,445,107 per month or K7,527 per hour. In short, no one in this country should be employed at a salary of not less than K700,000.
Workers have a right to a just wage. And this right obliges the employer to establish a just and fair remuneration. In the same light, the state is obliged to fix a minimum wage for the country. Such a minimum wage should be enough to guarantee to all workers dignified and decent living conditions for them and their families. In determining such a minimum wage, the following factors should be considered: the cost of living, the needs of the workers and their families and the availability of provisions for social security.
We appreciate and praise all that is being done to raise the standard of living of the less privileged people in our country. And much still needs to be done for the betterment of the lot of the unskilled worker, whose wage is generally far below that necessary for the proper maintenance of the family; for it should not be forgotten that the worker is not merely a cog in the industrial or commercial machine, but a human being, with human needs and human interests. Here, perhaps, more than anywhere else, justice must be accompanied and supplemented by compassion.
The rights of workers, like all rights, are based on the nature of the human person and on her and his transcendent dignity and among these rights are: a just wage; a working environment not harmful to the workers' physical health or their moral integrity; social security, and the right to assemble and form associations.
We are reminded in Mathew 20:4: "…so he told them, 'You also go and work in the vineyard, and I will pay you a fair wage'."
But there are challenges, there are practical difficulties in realising justice over wages. Today in this country, we have so many types of employers. Almost every one of us is an employer. A person whom the government has guaranteed a minimum wage of K700,000 per month is also an employer of another person. The challenge is how they are going to share that K700,000 and ensure that at the end of the month, each one of them takes home or remains with K700,000. This is arithmetically impossible.
We have a situation in this country where for one to go for work, they have to have a maid to take care of their children at home. And if that person is going to be paid K700,000 per month, how much are they going to remain with as employers to enable them to also take care of their own families?
What is the solution to this challenge? Do we simply ban or criminalise the employment of everyone below the minimum wage? If you can't afford the minimum wage, then you can't employ anyone! If the employer can't afford to pay you the minimum wage, then he can't employ you, no matter how desperate you are to take up that job that has a below minimum wage remuneration! Is this possible given our high levels of unemployment? But we all know that the effect of unemployment is degrading and making work available is most important
These are the challenges people are debating on radio station programmes across the width and breadth of our country. How is a lowly paid nurse, school teacher going to manage to pay the statutory minimum wage to her maid to enable her to go to work?
And the numbers we are talking about in this category of workers are gigantic, are huge. How are we going to manage to keep all these people in this type of employment at this minimum wage?
Of course, there are certain categories of employers who are today paying far below these new minimum wages when they can afford to pay much better remuneration to their workers. They are simply interested in maximising their profits even if it is at the expense of the workers. It is such employers the government minimum wages should target. Of course, the challenge here is on how to structure the minimum wage requirements so that they target those with the ability to pay and make them pay.
Where it is not possible for people to meet the minimum wage requirements, forcing them to do so won't work. We will simply have a law that is just on paper with many people not following it. And these new minimum wages are likely to be ignored by most of our people. The intention is certainly noble but the practicality of it seems to be difficult or impossible in certain respects.
Probably sometimes it may be better to leave things to the individuals concerned to agree and where there are injustices, then the state can step in to mitigate. This may also be helped by strengthening trade unions and enable them to recruit as many workers as possible. Unions which enable workers to improve their conditions should be valued and promoted by everybody in society. Therefore, the trade unions, to which the workers have a right, should acquire sufficient strengths and power.
And we end by reminding ourselves of what comrade KK said on this score at a rally in Chifubu, Ndola on January 17, 1965: "The responsibilities of trade unionism are to see that there is a decent wage, a decent life for each member, and also to see that more people are employed in the country. Trade union responsibilities do not begin and end with demanding more pay."
Labels: FACKSON SHAMENDA, MINIMUM WAGE
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Revised minimum wage is final, erring employers will be prosecuted-Shamenda
TIME PUBLISHED - Saturday, July 14, 2012, 2:10 pm
Labour Minister Fackson Shamenda says the revised minimum wage is now a piece of legislation which must be complied with by all employers in the country. Mr Shamenda has warned of prosecution against erring employers. He told ZNBC news in an interview in Lusaka on Saturday that the revised minimum wage is non reversible.
Mr Shamenda said that the minimum wage was arrived at after wide consultation. He has urged all employers to implement the new minimum wage to avoid getting in trouble. Mr Shamenda was reacting to the Zambia Federation of Employers -ZEF- Executive Director Harrington Chibanda who said the revised minimum wage is beyond the reach of many employers.
Mr. Chibanda was speaking when he featured on a Tv2 programme ‘Seven Dayas Today’ on Saturday morning.
And VICE-President Guy Scott yesterday assured that there will be no job losses following the upward adjustment in the minimum wage.
Dr Scott was responding to MMD Mafinga Member of Parliament, Catherine Namugala in Parliament yesterday who raised concern over the increase in the minimum wage, saying this would trigger job losses in the informal sector.
Dr Scott said that Government had taken a positive step in improving the welfare of domestic workers and others in the informal sector and that the law would prevent any job-cuts.
“What we have done as Government is the right thing, if we hadn’t created the jobs, people would still be complaining and so we are doing the right thing and I want to assure you that there will be no job losses following the changes we have made to the minimum wage,” Dr Scott said.
Recently Government announced a 100 per cent pay rise for workers in the informal sector and urged all employers to abide by the earning adjustment to improve the living standards of the workers.
ZNBC
Labels: FACKSON SHAMENDA, GUY SCOTT, MINIMUM WAGE
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