Sata has powers to suspend a judge, Malila tells Supreme Court
By Namatama Mundia and Agness Changala
Wed 19 Sep. 2012, 10:30 CAT
THE Attorney General yesterday told the Supreme Court that President Michael Sata has powers to suspend a judge without consulting the Judicial Complaints Authority.
This is in a case where Attorney General Mumba Malila appealed against Lusaka High Court judge Fulgence Chisanga's ruling where she stayed President Sata's decision to appoint a tribunal to investigate the misconduct of Supreme Court justice Philip Musonda and two High Court judges Charles Kajimanga and Nigel Mutuna.
The long awaited tribunal appeal hearing was heard before a full bench of Supreme Court justices who included acting Chief Justice Lombe Chibesakunda, acting Deputy Chief Justice Florence Mumba, Marvin Mwanamwambwa, Muyinda Wanki, Elizabeth Muyovwe, Hildah Chibomba and Gregory Phiri.
Malila urged the court to allow their appeal saying judge Chisanga made a ruling from a wrong premise namely an inappropriate interpretation of Article 98 (2) of the Constitution, adding that if she had placed a correct interpretation of that provision, she would have come to know that the application for judicial review would fail.
He said judge Chisanga grossly misdirected herself by interpreting Article 98 (1) of the Constitution in a manner inconsistent with the current meaning of the words used in the Article.
Malila said by failing to construe the text of the Constitution according to its original understanding, judge Chisanga departed significantly from basic principles of constitutional interpretation and thereby misdirecting herself.
He said in dealing with the application to discharge leave, judge Chisanga inevitably dealt to an extent with the main judicial review application.
Malila added that judge Chisanga did not also take into account all the issues which were brought before her.
And Solicitor General Musa Mwenye also submitted that judge Chisanga misdirected herself in law and fact in finding as she did that on facts and the arguments advanced there was a prima facie and arguable case sufficient to justify refusal to discharge the ex-parte order granting leave for judicial review.
He said had judge Chisanga directed her mind to three considerations namely, illegality, procedural impropriety and unreasonableness, she could have come to the inescapable position that there was in fact no prima facie case established.
Mwenye said there was misdirection of the serious kind for judge Chisanga to hold that the Republican President could only invoke his constitutional powers under Article 98 (3) of the Constitution, upon the advice of the Chief Justice given under subsidiary legislation passed later than the Constitution, namely the Judicial Code of Conduct Act No.13 of 1999.
He said there was nothing that dilutes the constitutional powers of the President in Article 98.
Mwenye said the matter in the court below had gone behind the stage of leave because judge Chisanga had already granted leave for judicial review.
"The learned judge had different considerations before her from the considerations which she ought to have directed her mind at the stage of the application to discharge the leave," he submitted.
Mwenye further submitted that at the stage of discharging the leave, it was unavoidable to delve in the merit of the application, adding that had the judge directed her mind to the powers of the President, she could have come in the inescapable consideration that there was no prima facie.
He added that judge Chisanga in deciding whether prima facie had been established, she should have directed her mind to whether the decision by the President was executive or quasi judicial.
Mwenye said had the judge considered the serious weighty public policy consideration, she would not have come to inescapable conclusion that there was no prima facie.
And one of the respondents' lawyers, former Attorney General under the Rupiah Banda regime, Abyudi Shonga urged the court to dismiss the appeal with costs saying judge Chisanga was on firm grounds when she granted his clients a stay against their suspension.
He said the appeal should be dismissed because the appellants had raised new grounds which they did not raised in the lower court.
Labels: FLORENCE MUMBA, JUDICIARY, MICHAEL SATA, MUMBA MALILA
Read more...
Judiciary not a closed shop - justice Mumba
By Kombe Chimpinde
Fri 25 May 2012, 13:30 CAT
THE Judiciary is not a closed shop, says Supreme Court judge Florence Mumba. Commenting on calls for judicial reforms, justice Mumba said Zambians had the right and freedom to raise awareness of allegations and accusations of misconduct and corruption to relevant bodies.
"The need for judicial officials to be accountable has always been there. We have always been expected to be accountable," said justice Mumba.
"In fact if you look at the oath of a judge, accountability is included there."
Justice Mumba said there was nothing new about calls for judicial reforms as issues on the same were being discussed quietly by parties involved.
"Judicial reforms have always been called for except that, they have been discussed quietly," justice Mumba said.
"I mean, for instance, if you look at Lusaka, we have not got supporting systems for judges. These are some of the matters that have been discussed. That they are out in the open, I think there is nothing new for us," justice Mumba.
"People have always accused the Judiciary of corruption but then you see we have had the Anti Corruption Commission (ACC) for a long time. Nobody has gone there to give evidence and complain so they can investigate."
Justice Mumba said that general accusations and allegations would not get the country anywhere.
"The Commission has got the powers. So we just see these things (accusations of corruption) in the papers and we keep wondering why the Anti-Corruption Commission has not been informed because we are not a closed shop," said justice Mumba.
And lawyer Ludwig Sondashi says Chief Justice Ernest Sakala cannot exonerate himself from problems that are currently obtaining in the Judiciary because he is the head.
Speaking at a press briefing, Sondashi who is Forum for Democratic Alternatives president, said the resignation of justice Sakala was a necessary ingredient for cleansing the Judiciary.
"My position is very clear. I stated that the Judiciary is rotten. When the Judiciary is like that, it means even the head of that organ is involved," Sondashi said.
"I would really like to see the head go."
Sondashi, a senior lawyer, said he was not for the vague calls for reforms but for the executive to use its constitutional powers to remove the bad eggs in the Judiciary.
Sondashi said structural reforms alone were not what was needed but stern action on culprits to serve as a deterrent.
"What is needed is for the executive, which has power to remove rotten judges from the Judiciary. I don't think there is anything wrong with the law, which deals with the Judiciary because there is provision in the existing law for removing a bad egg, a bad judge to be dealt with," he said.
And Sondashi says he is disappointed that the current draft constitution has not reduced the powers of the President. Sondashi demanded that the technical committee on the constitution adopts clauses that would create a Titular President so that the President is divorced from active politics.
Labels: FLORENCE MUMBA, JUDICIARY, LUDWIG SONDASHI
Read more...
Rupiah is scheming against free polls, warns Hansungule
By Ernest Chanda
Fri 04 Feb. 2011, 04:01 CAT
PRESIDENT Rupiah Banda’s government has schemed against free and fair elections slated for this year, says Professor Michelo Hansungule. Commenting on the hounding out of justice Florence Mumba from the Electoral Commission of Zambia (ECZ) chairmanship, the Pretoria University law lecturer said President Banda has a lot to explain on the matter.
“President Banda must not be allowed to escape this one scot-free. It is not enough for him to conveniently say ‘I reluctantly accept justice Mumba’s resignation’.
Justice Mumba’s removal from the ECZ could be part of a grand scheme to avoid free, fair and credible elections this year,” Prof Hansungule said.
“President Banda must explain what happened at the Electoral Commission? Why did he allow government newspapers to be used by his cadres to throw mud at Justice Mumba, his own appointee? President Banda has some explanation to do to protect the integrity of the judiciary, assure the credibility of the forthcoming elections and protect the integrity of justice Florence Mumba.”
Prof Hansungule said national and international election observers should note the event with keen interest.
He said it was terrible that the government unleashed ignorant and ruthless ECZ workers on an innocent person.
“These are people who do not even have an idea about the extent of their compounds where they live.
They don’t know, for example, why Chilenje compound has that name,” said Prof Hansungule.
“The President never called on these hooligans to stop it. This is someone the President himself appointed to the Commission but could not protect, of course, because he was the one who unleashed the stone-throwers against the judge.”
Prof Hansungule said judges should avoid political appointments outside their profession to avoid abuse from the executive.
He said taking up such appointments was a serious risk to the legal profession.
“It may be insensitive of me but I blame judges themselves for their quandary.
When the President calls and asks you to serve in a particular capacity, why do they answer the telephone? The President will one day appear before them as accused, so why accept temporary insecure appointments politicians use to divide and rule the noble profession?” said Prof Hansungule. “Besides, is it lawful for a judge who has sworn to God and the Constitution to serve the judiciary for life at the same time to be part of the executive branch? Where does this leave the principle of separation of powers?”
Labels: FLORENCE MUMBA, MICHELO HANSUNGULE, VOTERIGGING
Read more...
Kalale can’t come back - Fr Luonde
By Mwala Kalaluka and Gift Chanda
Mon 31 Jan. 2011, 04:01 CAT
KITWE Anglican Church priest Fr Richard Luonde says fired Electoral Commission of Zambia (ECZ) director Dan Kalale should stop insulting the intelligence of Zambians by insisting on getting his job back. And George Mpombo says President Rupiah Banda has laid a foundation stone to rig the general elections by getting rid of justice Florence Mumba as ECZ chairperson.
In an interview, Fr Luonde said instead of insulting people's intelligence through his insistence that he wanted to get back into the ECZ and complete his contract, Kalale should explain what led to his dismissal.
“I was surprised, today Dan Kalale wants to work up to February. Does he own ECZ? What does he want to accomplish in the remaining four weeks?” Fr Luonde asked. “Dan Kalale is one person who said he was going to disclose a lot of things against judge Florence Mumba which he has not yet done. Now he says, ‘I want to come back and work up to February.’ That is disrespecting the integrity of Zambians.”
Fr Luonde cautioned Kalale against taking Zambians for granted.
“Let him just keep quiet. He shouldn’t take us Zambians for granted because he is not the only educated Zambian. He was fired, period,” Fr Luonde said. “On the going of justice Florence Mumba, I am one of those people that held that woman in high esteem. She showed clearly that she is a woman with a pure and noble mind and in good standing with herself.”
Fr Luonde said very few people would have done what judge Mumba did given the circumstance that led to her resignation.
“Despite being criticised, very few people prefer to stand down,” Fr Luonde said. “This is a very sad development and again this is an election year and people who are supposed to run the elections begin to resign and the integrity of the ECZ is going to be doubted by Zambians.”
And Mpombo said the government had failed to handle the situation at ECZ properly because it had its hands dirt and was laying ground to rig this year’s elections.
“Its clear the government has got a hand in this matter and they cannot extricate themselves. This is pure skullduggery because the government wants to clear out possible obstacles for the forth coming general elections,” Mpombo said.
“So the removal of justice Mumba is a foundation stone to rig the elections. They know that she is uncompromised and committed. That’s why they wanted her out.”
Mpombo, who is Kafulafuta MMD member of parliament, said President Banda should be ashamed for hounding out justice Mumba in the most savage way when there were other important issues that have remained unanswered.
“Justice Florence Mumba has been shabbily treated by the government. They engineered the whole episode going by the excessive press coverage by government media and also coupled with the hostile stance by the government sponsored NGOs. If they are asking about following the tender procedures, we have seen the government failing to follow these procedures themselves. There are precedents. For example, when was the tender process on the renovations at State House done? In which newspaper was it advertised? Was it single sourcing or what?” Mpombo asked.
He said it was shameful that President Banda’s government was frustrating credible people like justice Mumba for the sake of hanging on to power.
“There are so many government institutions today who are in such a similar situation like ECZ. If you read the reports on the government institutions that have failed to follow procedures, you wonder what the government has done about them,” he said.
Mpombo said the government’s interference with ECZ had resulted in people losing confidence in the whole electoral process. He said President Banda's government was setting a very dangerous precedent for the future by tampering with the country’s “fragile” democracy.
“Instead of consolidating our democratic gains; consolidating the transparency in our electoral process we are weakening it. This whole thing has a political agenda attached to it, but as far as am concerned it is a serious indictment against the government’s integrity,” he said.
Mpombo challenged the government to explain to the nation if the right tender procedure was followed in the privatisation of Zamtel, the procurement of the mobile hospitals and the renovations at State House.
And Alliance for Democracy and Development president Charles Milupi said the government had shown its upper hand in the running of ECZ. He said judge Mumba was a woman of integrity and that having been a judge of international standing, there was a breath of fresh air when she was appointed to the ECZ.
“I see the hand of government in her unceremonial removal from the ECZ. There is a lot of suspicion and the government has to exculpate themselves,” Milupi said.
Milupi said it was unusual that when there was a tiff between an executive director and commissioners at ECZ, the executive director was given so much space in the state media. He said it was puzzling to see how the government swiftly removed judge Mumba from the ECZ when it was a known fact that the controlling officer was not the chairperson but the executive director.
“That clearly pointed to the fact that government has a hand in this. It is absolutely shameful. This government is staggering from one crisis to the other and in a very crucial year,” Milupi said. “What is at stake here as far as I am concerned is the independence and integrity of the ECZ.”
Labels: 2011 ELECTIONS, CHARLES MILUPI, DAN KALALE, ECZ, FLORENCE MUMBA, RICHARD LUONDE
Read more...
A shameful evil scheme against justice Mumba
By The Post
Fri 28 Jan. 2011, 04:00 CAT
The scheme to hound justice Florence Mumba out of the Electoral Commission of Zambia is going to backfire on Rupiah Banda. They may succeed in removing justice Mumba today over lies and half-truths that they are concocting. But our people will have the final say on this matter.
We say this because over many years, there has been heightened dissatisfaction with the way the Electoral Commission has conducted elections in our country.
Many of our people have found it difficult to accept the legitimacy of election results because of the perception that the Electoral Commission is an extension of the party in government.
It is very difficult for anyone to deny that justice Mumba is one of the very well respected and outstanding professionals that our country has produced.
She has excelled in her profession as a lawyer, and particularly as a judge. You do not have to know her personally to admire her qualities and respect her.
This is the person who is not only respected by many of our people but one who has been recognised as an outstanding legal luminary and a judge of very high integrity.
It does not surprise us that she is having the kinds of problems that have beset the Electoral Commission.
It seems to us that she found herself in a cesspool of corruption and abuse of public resources and offices at the Electoral Commission.
Her efforts to clean up have galvanised significant resistance that is being openly supported by the government.
Again, government support for the reactionary elements that have benefitted from the abuse of systems at the Electoral Commission should not surprise anyone.
This is a government that supports and defends criminals.
One doesn’t need to look very far to see how they do it: look at the cases of Frederick Chiluba and his tandem of thieves.
All that matters to them is support and defence of their criminal regime. If you do that, you can get away with anything – even murder.
In a paradoxical way, people like justice Mumba should draw comfort from the lack of support by this government.
We say this because in a very consistent way, Rupiah and his minions have tended to rise in defence of what is wrong.
It is very difficult to find a single instance where they have waged a battle to defend a principle or a principled person. Rupiah and his minions seem allergic to what is right.
They are drawn to wrong things the way a magnet is drawn to metal.
If one wants to know what side is wrong or right, all one needs to do is to see where Rupiah and his minions stand.
Even if you are not clear about the issue, where Rupiah and his minions are standing should serve as a definite warning sign that there is something rotten there, something stinking, something filthy and all the like.
When the attacks on justice Mumba began, we were not clear what was happening. We were hearing things but we were not able to fully digest what the problem was.
But it took us less than 24 hours to clearly understand what was going on.
All we needed to do was to wait and see where Rupiah and his minions were in this matter.
And following our journalistic instincts, we walked in the trail.
And true to our suspicions, Rupiah and his minions were once again on the wrong side of the argument.
There are allegations of misappropriation of funds and general abuse of resources at the Electoral Commission.
And the dismissed director Dan Kalale seems to have some explanations to do in relation to these allegations.
Justice Mumba seems to have been trying to do something about these allegations.
And yet what seems to be emphasised by Rupiah’s vuvuzelas is the alleged unprocedural retention of an audit firm, KPMG, to investigate the allegations of criminal abuse of resources.
These people have no interest in safeguarding public resources but are more interested in defending wrongdoing and wrongdoers in the name of procedural correctness.
If there was something to forgive, to overlook, it would certainly not be criminal acts of theft of public resources and abuse of office but procedural lapses.
If there are any procedural lapses, they can and should be corrected. But criminal wrongdoing should be punished, it cannot be corrected.
One of the evidences of corruption or behaviour of corrupt people is an unbending or inflexible insistence on processes which make it impossible for an activity to be carried out.
If you need their concurrence in doing something, they will make it so impossible for you that in the end, you are forced to buy their flexibility.
This is why in the past, people have accused bureaucracy of being responsible for corruption.
Bureaucratic procedures are not responsible for corruption; it is corrupt bureaucrats who exploit the bureaucracies in which they work to benefit themselves.
This is what is happening at the Electoral Commission. Instead of dealing with the underlying problems, bureaucrats who know the loopholes with the help of their political puppeteers have made it impossible for honest people like justice Mumba to correct the many wrongs that have been taking place.
These bureaucrats understand the weaknesses of their political masters.
We know that they have gone to them with blatant lies about people like justice Mumba.
One stupid accusation that they have been peddling against this innocent lady is that she is working with this newspaper and Michael Sata’s Patriotic Front to interfere with the electoral processes in favour of PF.
Anyone listening to that argument with the slightest modicum of honesty would have to dismiss it as trash.
But people like George Kunda, the minion in charge of the administration of Rupiah’s government as Rupiah sleeps at the driving wheel, is only too eager to have excuses such as this nonsense to further destroy the Electoral Commission.
We have now learnt that George Kunda has been campaigning for the retention of Kalale, whose contract is supposed to end next month and who has been at the Electoral Commission for close to 20 years.
What is it that Kalale is supposed to do for them?
What has Kalale promised them which makes it worth their while to try and destroy the reputation of a very distinguished citizen like justice Mumba?
We know that they have been banding around accusations against her because according to them, this newspaper has never criticised her.
Surely, are we expected to criticise somebody just to satisfy their morbid appetites for the destruction of those who dare to stand for what is right?
We have come to an understanding of the way George Kunda operates. His fingerprints are all over this continued destruction of our public service.
As an accomplished minion himself, he expects all those that he considers to be below him to be minions to him the way he is to his boss.
George wants to turn the whole public service into his bootlickers.
It is now in the public domain that he wants to choose and promote every judge, control the Director of Public Prosecutions, the Attorney General, the Inspector General of Police, the Drug Enforcement Commission.
The Anti Corruption Commission, like the Drug Enforcement Commission, are his preferred tools for meting out vengeance on his perceived political rivals or professionals who refuse to bow to him.
We have no doubt that George wants to control the Electoral Commission the same way he seems to control everything else in Rupiah’s government.
Clearly, in justice Mumba, he has met a person of moral clarity who cannot easily be swayed by cheap promises or expectation of patronage.
To accuse her of plotting to collaborate with us to subvert the will of our people is not only nonsense but reckless maliciousness against such an innocent, humble human being.
We are used to being accused of all sorts of things by George and it does not bother us.
If George was not worried about us and concocting all sorts of stories and rumours, there would have to be two explanations: either we have stopped doing our job in the right way we should or George has stopped doing the wrong things he seems permanently wedded to.
If George changed and started supporting what is right, we would have no problems in praising him and supporting him.
But clearly, his morbid hatred for us is being used by those around him to destroy innocent people.
We say this because we know that all somebody has to say to George and through George, his boss Rupiah, is: so-and-so is a friend of The Post.
Then that person may well be destroyed. We know that George complains even about fellow MMD or government leaders who appear to have been covered positively by The Post.
Whatever problems George may have with us, he should be careful not to use them to destroy innocent people and consequently the credibility of the public institutions they lead.
What they are trying to do to justice Mumba clearly demonstrates that she is as honourable as we suspected.
They have failed to get her to co-operate in their evil schemes and they are therefore determined to destroy her.
We saw this in the way this same George dealt with the former Director of Public Prosecutions Caroline Sokoni who had refused to be part of his evil and corrupt scheme to pardon corrupt Kashiwa Bulaya.
George saw to it that she was never confirmed in her job. He instead brought pliable and spineless Chalwe Mchenga who appears ready to do George’s bidding at every turn.
We have no shame in saying we wish we knew justice Mumba more because clearly, she is an outstanding person.
This newspaper does not have any personal relations with her. But that does not stop us admiring her professionalism.
And the fact that George is fighting her convinces us that she is on the right side of the argument.
Kalale is now just a pawn being used to subdue an honourable person. Anyway, all these people should realise that their day is coming and that day is near.
Labels: ECZ, FLORENCE MUMBA, GEORGE KUNDA
Read more...
Kunda is behind justice Mumba’s harassment
By George Chellah
Fri 28 Jan. 2011, 04:02 CAT
VICE-PRESIDENT George Kunda is behind the scheme to hound out justice Florence Mumba as Electoral Commission of Zambia (ECZ) chairperson ahead of the forthcoming general elections.
And ECZ has dodged the Auditor General's office from conducting financial audits for the past two years. Well-placed government sources yesterday disclosed that Vice-President Kunda was the force behind the ECZ saga.
"Vice-President Kunda was fed with lies over the issues at ECZ. He was told that justice Mumba, The Post and Michael Sata were in league to ensure that President Banda is out of office. And the evidence they used to back their lies was past copies of editorial comments, which The Post ran on ECZ where the newspaper praised the commission on certain positive things it was doing," the source said.
"Clearly, this whole scheme is anchored on insinuations. And some of us know that when it comes to The Post the Vice-President is unreasonable, he doesn't even care to question what he is being told. It's the same lies that were passed on to the President, hence the unfolding events at ECZ."
The sources revealed that when misconduct was detected at ECZ, Vice-President Kunda was informed about the intention to discipline Dan Kalale dismissed ECZ director on a number of offences leveled against him.
"Actually, the issue of the KPMG audit was not even part of the charges Kalale faced. One wonders why Kalale at his press briefing decided to talk about the audit and not the issues behind his dismissal. What is even more shocking is that Vice-President Kunda asked the ECZ to pardon Kalale," another source said. "In fact, he even requested them to give Kalale another three-year contract. This seems to have shocked the ECZ because Kalale whose contract was supposed to come to an end this February had not even indicated his intentions to renew it. So why should the Vice-President ask on his behalf? What's his interest?"
The sources said Vice-President Kunda's panic over Kalale's departure was strange.
"What is it that he does to warrant this forcefulness just to ensure that he remains at ECZ? As a matter of fact, Kalale is on record to have requested for a final three-year contract from justice Mumba's predecessor judge Ireen Mambilima," the source said.
"Kalale indicated that he wanted to do something else because he was tired of conducting elections. So why is the Vice-President personally pushing for the extension of his contract?"
The sources revealed that despite Vice-President Kunda attempts, justice Mumba insisted on going ahead with administrative measures because Kalale was their employee.
"The Commission felt that they had a duty to bring sanity at the institution and that they could not sit and watch taxpayers’ money being abused or misapplied. What is even more surprising is how President Banda and Vice-President Kunda could orchestrate such a move when they were both informed at every stage regarding the disciplinary issues surrounding Kalale and his subsequent dismissal from the commission," the source said. "It’s actually hypocrisy of the highest order for Vice-President Kunda to receive a petition from disgruntled ECZ junior officers and promise to give the nation an answer on the matter when he was fully aware of the happenings at ECZ. In fact, during Kalale's disciplinary hearing, Vice-President Kunda was represented by a senior officer from the Ministry of Justice, who was equally part of the decision to dismiss Kalale summarily. The Labour Commissioner was also represented at the highest level. So the decision to dismiss Kalale cannot be said to be a personal act by justice Mumba."
The sources challenged Vice-President Kunda and Kalale to disclose the details of the disciplinary hearing that led to his dismissal.
"It must be stated that the decision to dismiss Kalale had nothing to do with the audit as he claimed. Let Kalale tell the public the reason why he was dismissed. We know that Kalale has tried to frustrate every ECZ chairperson so that he makes himself look very valuable to the institution," the source said.
"That is why he has been arguing that commissioners do nothing but commissioners at ECZ are there to provide checks and balances. The truth is Kalale wants to run ECZ like his personal business. He doesn't want any control whatsoever. Kalale has overstayed at ECZ," the source said. “In fact, ECZ is all he knows throughout his working life. He is actually holding ECZ hostage."
The sources disclosed that ECZ has dodged the Auditor General's office from conducting financial audits for the past two years.
"For the year 2009 and 2010 the ECZ has not been audited. For the year 2009, Kalale wrote to the Auditor General asking for 'forgiveness' so that ECZ could not be audited for that year claiming that they were busy with the voter registration exercise. So for the year 2009, ECZ was not audited. And recently the Auditor General's office wrote to ECZ informing them that they intend to start the audit next month February for the year 2010. But again the acting director, Priscilla Isaacs has written to the Auditor General's office asking for a postponement of the exercise," the source said.
"This means that for two years, that is the year 2009 and the year 2010, ECZ has not been audited and yet they expect the government to continue pouring in taxpayers' money, which they can't account for. The fact that ECZ has evaded auditing for two years is enough to raise suspicions. In fact, the Auditor General's office is concerned that it is having difficulties to conduct an audit in ECZ.”
Labels: DAN KALALE, ECZ, FLORENCE MUMBA, GEORGE KUNDA
Read more...
Rupiah’s Govt wants justice Mumba out of ECZ
By George Chellah
Thu 27 Jan. 2011, 04:02 CAT
PRESIDENT Rupiah Banda’s government is plotting to remove justice Florence Mumba as Electoral Commission of Zambia chairperson ahead of the forthcoming general elections.
Well-placed government sources yesterday revealed that the government intends to reshuffle the commission with a view to getting rid of justice Mumba.
“The current happenings at ECZ vis-à-vis Dan Kalale’s dismissed ECZ director press briefing is more than what meets the eye,” the sources said. “Even these screaming headlines you are seeing in the government newspapers and television, they are not from without. It’s all part of the scheme.”
The sources disclosed that very senior government officials are driving the ploy.
“State House is deeply involved too. When did the government media give such kind of publicity to a dismissed civil servant like they are doing to Kalale? This is a well-orchestrated move by the government to mount pressure on justice Mumba,” the sources said. “There is a serious ploy to have justice Mumba out of ECZ. In fact, the scheme is to ensure that justice Mumba is removed and Kalale is reinstated either directly or indirectly at the commission. One way or another, Kalale has to be there at the commission.”
The sources said the government, and the MMD in particular, were not comfortable with having justice Mumba at the helm of the forthcoming elections.
“Justice Mumba has become so unpopular within the establishment such that they have just been waiting for an opportunity to strike. And now seems to be that time they have been waiting for to fix her. The MMD is not comfortable with the manner the commission conducted the voter registration exercise countrywide,” the sources said. “There is serious resentment of the judge within the establishment and the general feeling is that the voter registration exercise seems to have come out in favour of the opposition. There are claims that going by the figures, it’s clear that the commission centered so much in opposition strongholds, which is ridiculous.”
The sources said justice Mumba is perceived as a person that was difficult to manipulate.
“They feel that the equitable manner in which resources and efforts towards the exercise where applied by the commission disadvantaged the ruling party. And that even manoeuvres by the MMD to try and influence the commission to tilt the exercise by concentrating on rural areas don’t seem to be working,” the sources said. “Generally, the ruling party is frustrated with justice Mumba because she seems to be a hard nut to crack, where principle and transparency is concerned. It’s like she is her own person and she wants to be as impartial as possible with regards to this year’s elections. In short, they are scared that the country will be going for elections without Kalale and the very fact that justice Mumba who is independent minded will be in charge is what has worried them to the core.”
The sources dismissed Kalale’s claims.
“Actually, there are a lot of financial irregularities that have gone unchecked at ECZ hence the need for an independent audit to be conducted. This whole saga is a political ploy. The truth is the government wants a person they can manipulate to be in-charge of the commission.”Labels: ECZ, FLORENCE MUMBA, RUPIAH BANDA
Read more...
UPND Nkana chair questions under-18 voter registration
By Mwila Chansa in Kitwe
Tue 29 June 2010, 04:30 CAT
UPND Nkana Constituency chairman Chinyemba Kambanja has observed that the Electoral Commission of Zambia (ECZ)’s announcement that even people who will be 18 years by July 2011 can register as voters now is in contravention of the law.
And Kambanja said sentiments by ECZ chairperson Justice Florence Mumba that political parties are not doing enough to sensitise people on the ongoing voter registration exercise are unfair.
In a walk-in interview at the Post Newspapers office in Kitwe yesterday, Kambanja said it was misleading for the ECZ to suggest that even people that would turn 18 years by July 2011 could register as voters now because the law clearly stipulated who qualified to register as a voter.
“Their Act, the electoral Act number 12 of 2006 under section five clearly spells out the qualifications for one to register as a voter,” he said. “It stipulates in black and white that one has to be 18 or above in order to register as a voter. There is nowhere it says one can register in anticipation that they will be 18 years old.”
Section five of the electoral Act under qualification for registration as a voter reads: ‘(i) subject to provisions of section seven, every person shall be qualified for registration as a voter in direct elections - (a) if he or she is a citizen of Zambia, (b) has attained the age of 18 years, (c) is in possession of a green National Registration Card.'
Kambanja urged the ECZ to target the right people in the voter registration exercise because any compromise could lead to wrongdoing.
“This is how wrong things start and if we are not careful, we might extend the voter registration to non-Zambians on grounds that they have lived in Zambia for many years even when the law does not allow,” he said.
“We have a by-law for example, which states that no person under the age of 18 can enter a bar or a drinking place, so one cannot say that I will enter a bar since I will be 18 in the next two months.”
Kambanja said if there was any other law in the Act that allowed people below 18 years to register, then that part or section of the law was in dire contradiction with the principle electoral Act and should be considered null and void.
Labels: CHINYEMBA KAMBANJA, FLORENCE MUMBA, UPND
Read more...
Criticism may help identify defects within legal system - Justice Sakala
By Ernest Chanda
Thu 10 June 2010, 04:00 CAT
CHIEF Justice Ernest Sakala has acknowledged that criticism of the courts could help identify defects in the legal system. And Electoral Commission of Zambia (ECZ) chairperson Justice Florence Mumba has urged lawyers to seek the best practices and promote democracy.
Addressing Law Association of Zambia (LAZ) members at the close of their annual general meeting at Lusaka’s Pamodzi Hotel on Saturday, Chief Justice Sakala said such criticism could protect justice in the courts.
Chief Justice Sakala who based his address on the theme: ‘The duties of an advocate towards the court, his clients and others respectively’, however called for constructive criticism of the courts from those who wish to criticise.
“If you have to criticise the courts, be constructive and not destructive. Do not criticise after you have lost a case because that may be a reflection of sour grapes. But as courts we do accept that throughout history judges have been criticised, often times savagely, for decisions they have made in individual cases. We acknowledge that as long as the courts continue to serve as the stage for contentious battles over such emotionally charged issues of politics, tribalism and crimes, judges must expect to be criticised and attacked, sometimes harshly for the decisions they make,” Chief Justice Sakala said.
“We also acknowledge that criticism of the courts may also help to identify defects in the legal system; and thus protect the cause of justice and may ensure high standards of performance. But as advocates, your role is to offer advice and counsel to your clients even when a judgment has gone against them. However, a line ought to be drawn between the duty to your client and to the court. You can only cross that line at your own risk.”
He said there could be no proper respect for the rule of law unless lawyers had the respect of the public.
“To a lay person, the duties of an advocate often appear to be in conflict. It is, therefore, of great importance and timely that we start now to appreciate and review our relationships and roles as we head towards the presidential and general elections of 2011. I must, however, quickly concede that these duties are really not capable of exact definition. But it can be confidently asserted that there can be no proper respect for the Rule of Law; unless the lawyers have the respect of the courts, their clients, and the public at large,” he said.
“In this connection, the lawyers must be the first to respect and abide by the judgments and decisions of the courts, even when they do not agree with them. Respect for judicial authority is indispensable for the maintenance of the Rule of Law, including respect for human rights standards.”
Chief Justice Sakala said lawyers could only attract public confidence if they remained professionally competent and ethically above board.
“These mark the foundation upon which we should practice the law. When advocates comply with minimal standards, the work of the courts will be simplified and expedited,” said Chief Justice Sakala.
And justice Mumba urged LAZ to adopt the best practices that would enable members to perform above board.
“When lawyers fail in their duty to uphold ethical tenets, the nation dies a little. The association is therefore expected to adopt practices, which will oblige members of the association to raise the banner of the association high, remain above board, avoid misleading the nation and always seek the best practice to uphold our democracy. It is saddening to read reports where senior lawyers mislead the nation on the electoral process, where senior lawyers fabricate lies likely to alarm the nation regarding preparations which ECZ undertakes at election time,” Justice Mumba said.
She called for sanctions against lawyers who use abusive language.
“It is sad also to learn that there are actually a handful of such misfits in the association, who tarnish the legal profession. In my view, a lawyer who has transgressed must not wait for a formal arrest; she or he must simply step down, instead of falsely challenging the law enforcement agencies to arrest them or to prove offences knowingly committed,” she said. “The association is therefore called upon to review lawyers’ ethics and lay equal emphasis on ethical practice, apply sanctions for unethical practice against lawyers who use abusive language, make false accusations, or threaten democratic elections in any matter. While such conduct may not meet the threshold of criminal offences, it does go beyond the threshold of unethical conduct, unbecoming of a member of the association.”
The LAZ AGM was supposed to have been held in April this year but was deferred to this month due to an absence of many members who were caught up in the suspension of flights from Europe resulting from volcanic ash following an eruption in Iceland.
The lawyers had gone to London to attend the Law Week organised by the South London Law Society.
And according to a notice signed by returning officer Abha Patel and dated April 8, 2010, only the position of honourary secretary was challenged after the nomination period had expired.
The association’s president Stephen Lungu and his vice Kafunya Mbindo maintain their positions.
LAZ council members who went through unopposed include Sydney Chisenga, Sydney Mulengeshi, Diana Sichalwe, Paulman Chungu, James Banda and Theresa Liswaniso-Kampata.
Others are Likando Kalaluka, Mutakela Lisimba, Patrick Chuula, Douglas Mazumba, Martin Musaluke and Tom Shamakamba.
After the election at the AGM last weekend, the position of honourary secretary went to Kondwa Chibiya who beat Kangwa Chisanga.
Kafula Mwiche scooped the position of honourary treasurer unopposed, taking over from Dr Overs Banda who did not recontest.
Labels: COURTS, ECZ, ERNEST SAKALA, FLORENCE MUMBA
Read more...
Continuous voter registration to begin on June 21 countrywide
By Kasapo Chibwe and Mwape Chishimba
Tue 08 June 2010, 10:30 CAT
ELECTORAL Commission of Zambia (ECZ) chairperson justice Florence Mumba has revealed that the continuous voter registration (CVR) exercise will commence on June 21 this year in all constituencies countrywide.
During the launch of the media campaign at Lusaka’s Hotel Intercontinental yesterday, justice Mumba said the voter registration exercise would be conducted according to the deployment schedules and timetables that had been prepared in each district.
Justice Mumba launched the commencement of the media campaign where the commission would use radio, television and print media to sensitise the public on the exercise.
According to justice Mumba, ECZ would also use public performances in community centres and public places in the districts.
She said the commission had also partnered with Zambia News and Information Services (ZANIS) to carry out mobile publicity in all districts through their broadcast vans.
“Our foot-soldiers, the voter education facilitators, will henceforth be on the ground educating the public on the need to register for those that are eligible,” she said.
She said much as the commission had an obligation to publicise the continuous voter registration and conduct voter education, political parties, civil societies as well as the media had a role to play in raising awareness in the country.
She called on political parties, civil society organisations and the media to partner with ECZ to inform the public about how the voter registration process would work and its importance.
“Be reminded that voter registration is vital to the public’s interest in establishing a government based upon the people’s will and it is a key element of screening ineligible people out of the voting process,” justice Mumba said.
She explained that several activities had been carried out in preparation for the registration exercise, some of which included the acquisition of digital registration kits through the United Nations Development Programme (UNDP) coordinated support of cooperating partners.
She explained that the commission would this week complete the last phase of the training of registration officers in various parts of the country.
“Through this exercise, the commission hopes to maintain a permanent, up to date and accurate register of voters,” she said.
Justice Mumba said the commission would implement the voter registration exercise through periodic mobile registration campaigns.
She said mobile registration teams equipped with digital mobile registration kits would be deployed in each of the 72 districts countrywide.
She stressed that the exercise would run for 90 days throughout the country and each district would have a registration deployment plan and timetable for the respective constituencies.
She said after 90 days, the exercise would continue at the district centres until December this year when the commission would update the register.
“It is the hope of the commission that another registration exercise will be undertaken next year before the 2011 general elections if the 2011 budget allows,” justice Mumba said.
And ECZ public relations officer Cris Akufuna called on all political parties to adhere to the electoral code of conduct during the forthcoming by-elections to prevent a recurrence of the violence experienced in Mufumbwe.
Akufuna appealed to the law enforcement agencies to curb violence in Luena and Chifubu constituencies during the by-elections.
Labels: ECZ, FLORENCE MUMBA, VOTER REGISTRATION
Read more...
Electronic transmission of 2011 poll results not guaranteed – Mumba
By Ernest Chanda
Fri 30 Apr. 2010, 04:10 CAT
ELECTORAL Commission of Zambia (ECZ) chairperson justice Florence Mumba has said there is no guarantee that the 2011 election results will be transmitted electronically.
In an interview yesterday, justice Mumba who early in March this year indicated that the Commission could possibly transmit results electronically said there were various issues to be attended to before the equipment could be used.
She said ECZ was currently concentrating on the continuous voters registration to ensure the exercise succeeded.
“The system electronic transmission is still being reviewed. We are moving slowly on that one because we’ve concentrated on the continuous voter registration exercise.
Yes, we had earlier on indicated that we would meet stakeholders to find out if they would like the idea, but for now we are busy with the voter registration exercise. We want to see how our machine will perform on this exercise.
If they do well then we will come to electronic transmission of results,” explained justice Mumba. “So, for now we cannot guarantee that we shall transmit the 2011 results electronically. Otherwise we will just continue with the manual transmission like we did in 2006 and 2008.”
Labels: 2011 ELECTIONS, ECZ, FLORENCE MUMBA
Read more...
FDI inflows decline in 2008
Written by Florence Bupe
Saturday, September 19, 2009 5:09:13 PM
ZAMBIA’S Foreign Direct Investment (FDI) inflows have registered a decline from US $1.3 billion in 2007 to about US $900 million in 2008.
Speaking during the release of the 2009 World Investment Report on Thursday, Zambia Development Agency (ZDA) investment promotion director Florence Mumba said
the decline in FDI was mainly as a result of the global economic meltdown.
“The worldwide economic crisis has greatly affected investment inflows into developing countries, Zambia inclusive. We also continue to face a challenge in infrastructure development, a factor which has also affected the flow of investments into the country,” Mumba said.
“However, in percentage terms, developing economies fared better than developed countries, with inflows standing at 43 per cent.”
This year’s report is focused on agriculture, under the theme “Transnational Corporations, Agricultural Production and Development”.
Mumba observed that Zambia’s FDI performance indicators had continued to be strongly based on the mining industry, and said there was need for the country to enhance the performance of the agriculture sector as an economic driver.
“We hope there will be an improvement in the agriculture sector in terms of attracting FDI, once infrastructure is improved. In order to address the current economic challenges, developing countries need to strategise their agricultural production,” she said.
Mumba also stressed the need for developing countries in general, and Zambia in particular, to build value chains for enhanced economic benefits.
And according to the World Investment Report, global FDI inflows were expected to decline from US $1.7 trillion in 2008 to below US $1.2 trillion by the close of this year.
Recovery is expected to be slow in 2010, reaching no more than US $1.4 trillion, but gathering momentum in 2011 to approach US $1.8 trillion.
“As a result of the worsening financial and economic crisis in 2008, prospects for global foreign direct investment remain gloomy. The crisis has changed the FDI landscape, with a surge in the developing and transition economies’ share in global FDI flows to 43 per cent in 2008. This change in the pattern of inflows is partly due to the large decline in FDI to developed countries,” stated the report.
Labels: FDI, FLORENCE MUMBA, NEOLIBERALISM
Read more...
Justice Mumba urges enhancement of electoral system
Written by Charles Mangwato
Saturday, January 31, 2009 11:34:01 AM
ELECTORAL Commission of Zambia (ECZ) chairperson justice Florence Mumba has challenged electoral officers in Southern Province to come up with necessary recommendations that will enhance the electoral system in the country.
During the opening of a post-election review in Choma yesterday, justice Mumba said an improved electoral system could enhance the freedom of choice for the electorate.
She said the commission was ready to receive proposals that even required amending the law as it was committed to achieving a perfect electoral system.
Justice Mumba said laws were made for the betterment of man and not otherwise, hence the need to amend those that were not suitable for a good electoral system.
She reiterated that ECZ was in the process of amending the electoral handbooks as part of measures to enhance the electoral system in Zambia.
She commended officers in the province who participated in conducting the last presidential election for doing their best despite the poll having been held at short notice after the death of president Levy Mwanawasa.
"Some of you were even sleeping on the way in vehicles just to ensure that the election was conducted smoothly," said justice Mumba.
And Southern Province electoral officer Alfred Chiingi thanked ECZ for organising a post-election review meeting to afford electoral officers a chance to correct shortcomings of the electoral system.
Chiingi said this was the first time that electoral officers had been privileged to come up with recommendations and solutions to improve the electoral system based on their observations in the previous elections.
"In the past, we've not had the privilege of conducting an election postmortem," said Chiingi.
Labels: ECZ, FLORENCE MUMBA
Read more...
ECZ embarks on programmes to review election manuals
January 26, 2009
The Electoral Commission of Zambia (ECZ) has started reviewing its election manuals in a bid to enhance the credibility of holding elections in the country.
ECZ chairperson Justice Florence Mumba disclosed this when she officially opened a post-election workshop of the 2008 presidential election held at Moto-Moto Pastoral Centre in Kasama today.
In a speech read for her by ECZ manager for Elections and Voter Education Jocelyn Mubita, Justice Mumba named the election manuals under review as those relating to electoral officers at all levels respectively.
She noted that since electoral officers play a critical role in elections, ECZ decided to consult them in order to come up with user friendly handbooks.
Justice Mumba has since urged electoral officers to ensure that they actively participate in the formulation of new election manuals in order to add credibility to the way elections are held in the country.
And Justice Mumba has called on all electoral officers from Northern Province to provide the ECZ with accurate and comprehensive information of how last year’s presidential election was conducted in the region.
She said ECZ decided to hold post-mortem workshops of the last Presidential election in order to learn from the shortcomings noticed and make necessary improvements for future elections.
Justice Mumba expressed optimism that the feedback from stakeholders would help the ECZ to improve on its performance of holding credible elections in the country.
Justice Mumba further advised her staff facilitating the post-election workshops to be attentive and allow the participants to highlight the challenges they faced during the last presidential election so that they could obtain useful information of bettering the electioneering process in the country.
The three-day post-election review workshop in Kasama has attracted electoral officers from all the 12 districts in Northern Province, who took part in the 2008 presidential election..
Meanwhile ,the Anti Voter Apathy Project (AVAP) has maintained that the 50 per-cent plus one vote for a presidential holder should be enshrined in the new republican constitution in order to curb regional voting in the country.
AVAP executive director Bonnie Tembo said the 50 per cent plus one vote for a winning presidential candidate is a progressive idea especially for a democratic country like Zambia.
Mr. Tembo was speaking in Kasama during a stakeholders meeting held at AVAP governance house over the weekend.
He urged Zambians to support the popular mode of electing a republican president unlike the current system of a simple majority.
Mr. Tembo noted that incidences of people choosing a president on tribal lines would be curtailed once the top two (2) presidential candidates go for a re-run in case the first round polls does not come with a clear-cut winner.
The AVAP director also dismissed arguments from some sections of society that the exercise was costly saying it was a better a have a legitimate president elected by a majority vote than have minority one.
Mr. Tembo further urged National Constitutional Conference (NCC) delegates to be objective and conduct their debates above partisan lines if the country is to come up with a people-driven republican constitution.
And , Mr. Tembo has revealed that his organization will this year advocate for amendment of the current electoral code of conduct in order to make it more enforceable.
He explained that during last year’s presidential election, political parties and other stakeholders breached the code of conduct but that no action being taken against them.
The AVAP director further urged Zambians to actively participate in the electoral reform process in order to enhance the credibility of elections in the country.
ZANIS/WS/MKM/ENDS
Labels: ECZ, ELECTIONS, FLORENCE MUMBA, WORKSHOPS
Read more...
PS calls for infrastructure development
By Joan Chirwa
Friday September 26, 2008 [04:00]
THE 2008 World Investment Report (WIR) has observed that Zambia still has huge unmet investment needs for infrastructure development. And commerce permanent secretary Davison Chilipamushi has said the government needs to prioritise infrastructure development while focusing on economic growth.
The WIR 2008, an annual publication of the United Nations Conference on Trade and Development (UNCTAD) which was launched worldwide on Wednesday, focused on transnational corporations (TNCs) and the infrastructure challenge.
Zambia Development Agency (ZDA) director for Investment Promotions Florence Mumba said there was growing demand for physical investments in infrastructure, especially in countries like Zambia.
“Investment in infrastructure by mining companies remains critical for the country’s development,” said Mumba during the launch of the report in Lusaka on Wednesday.
The WIR 2008 report, titled Transnational Corporations and the Infrastructure Challenge notes that despite significant levels of TNC investment in developing-country infrastructure, more of it is required to bridge the vast financing gap.
It further notes the need for substantial amounts of additional investment, irrespective of the source. In Africa, for instance, total TNC investment commitments in infrastructure during the decade spanning 1996-2006 were US $45 billion – an amount, according to the WIR 2008 report, that is barely equivalent to the region’s current annual infrastructure investment needs of US $40 billion.
And UNCTAD secretary general Dr Supachai Panitchpakdi stated that the lack of reliable infrastructure in many developing countries – and especially the least developed countries (LDCs) – was a major impediment to economic and social development.
The WIR 2008 report indicates that foreign direct investment (FDI) flows posted record highs in 2007, reaching US $1.8 trillion, up from 2006, bringing the worldwide stock of FDI to US $15 trillion. From the total FDI in 2007, Africa received US $53 billion.
And Chilipamushi said Zambia has failed to utilise trade opportunities in the region owing to its poor infrastructure.
“We have a lot of potential in countries such as Angola where demand for consumer and industrial goods is high. This is the same with the DRC and Rwanda but we have not realised that potential because of lack of infrastructure to support economic activities,” said Chilipamushi.
Labels: 2008 WORLD INVESTMENT REPORT, FLORENCE MUMBA, INFRASTRUCTURE, TNCs, UNCTAD, ZDA
Read more...
