FODEP condemns opposition's unmerited criticism of govt
By Moses Kuwema
Wed 08 May 2013, 14:00 CAT
FOUNDATION for Democratic Process (FODEP) president Alex Ng'oma says the opposition political parties must avoid creating a permanent state of conflict as a way of discrediting the government.
Commenting on justice minister Wynter Kabimba's statement that those who remain in opposition after losing an election must accept defeat and should not pretend that they won the elections, Ng'oma said it was unacceptable for the opposition to constantly discredit the government even when they do positive things.
"It is important for all the people to understand that in any electoral cycle, there can only be one winner, either in the name of a political candidate or in the name of the party. Those that come out victorious must be congratulated and given an opportunity to function as winners since they have the mandate in their hands to serve the people of Zambia. On the other hand, those who lose elections and go into the opposition must also accept the reality that they have lost the elections," said Ng'oma.
Ng'oma said the opposition must learn to support those that have been given the mandate by the people of Zambia to function properly.
He said the tendency of undermining the government of the day by discrediting everything they do was detrimental to democracy.
"It does not work to the best interest of the people that are being represented. There has to be, after elections, what I would call unity of purpose to support those that have won and give them the chance to function to serve the people of Zambia," he said.
Ng'oma said the opposition in the country appeared to believe that for a person to get to State House, they should constantly attack the party in government by discrediting everything they do without being objective or realistic.
"That is the kind of political game being played in this country.
Zambian opposition should take a leaf from American politics, where if a candidate loses an election, he appeals to his supporters to support the person who has won," said Ng'oma.
Responding to a presentation by South Africa-based Professor Michelo Hansungule during the Law Association of Zambia second annual law conference at Zambezi Sun Hotel in Livingstone on Thursday, in which Hansungule was advising the ruling PF against fighting the opposition, saying that would hinder the development agenda, Kabimba, who is justice minister, said leaders should not steep into the spirit of impunity but ought to be cautious and break it.
"The impunity of trying to intimidate others can revisit you or can grow into a culture. We ought to tame that as leaders. We also have to ensure that those who remain in the opposition after losing must also accept defeat. Don't pretend that you have won. We must ensure that the losers accept that they have lost and the winners must not oppress the losers but include them in the governance system," said Kabimba.
Labels: ALEX NG'OMA, FODEP, MICHELO HANSUNGULE, OPPOSITION, WYNTER KABIMBA
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FODEP urges Namulambe to fulfil pledges
By Fridah Nkonde
Tue 05 Mar. 2013, 14:10 CAT
FODEP president Dr Alex Ng'oma says all leaders must be people of their word. Commenting on newly-elected Mpongwe member of parliament Gabriel Namulambe's pledge to deliver development to the people, Dr Ng'oma said there was need for leaders to fulfil their campaign promises.
"When leaders promise, they must deliver. They should not abuse the trust of the people that vote for them because those people depend on them to make a difference in their lives," he said.
Dr Ng'oma said there was need for Namulambe to go back to Mpongwe to say "thank you" to all the people that voted for him.
"…People voted for him because they trusted his word," he said.
Dr Ng'oma, who is also a political science lecturer, said there was also need for Namulambe to bear in mind that people voted for him because they were convinced that his promises were made in good faith.
"It is not only Namulambe who is supposed to go back to Mpongwe and say thank you. All the leaders are supposed to do the same. They are not supposed to desert their constituencies.
We are talking about Namulambe today because he is the one who is just from winning an election. He should spend his time trying to fulfil the promises he made during campaigns and he should ask the people of Mpongwe to support him. If he does this, even if he was to encounter some challenges, he would have the courage to go back to his people and look at how best he could do things in future," he said.
Dr Ng'oma said it was evident there were some leaders who deserted their constituencies once they were voted into power, and that there was need for such people to know that people had the power to throw them out of office during an election.
He said Zambians were expecting Namulambe to help President Michael Sata in fighting corruption, adding that there was need for him not to engage in any corrupt activities.
Dr Ng'oma said there was also need for Namulambe to join hands with those that he defeated in the Mpongwe by-election for him to develop the area.
Namulambe, who defected from the MMD to the PF, reclaimed the Mpongwe parliamentary seat in last Thursday's by-election and has promised to work hard to develop the constituency.
Labels: ALEX NG'OMA, BY-ELECTIONS, FODEP, GABRIEL NAMULAMBE
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Defections bad for democracy - FODEP
By Mwila Chansa-Ntambi in Kitwe
Mon 30 Jan. 2012, 13:58 CAT
FOUNDATION for Democratic Process information, research and publicity chairperson Isaac Ngoma says the recent defections of people from the opposition to the ruling party weigh down democratic principles and erode the value of checks and balances.
In a statement, Ngoma observed that defections especially among elected officials such as councillors and members of parliament were necessitating costly by-elections at the expense of development. He urged all development-oriented Zambians to condemn the unnecessary by-elections being caused by defectors.
"The recent political defections from the opposition to the ruling party weighs down the principle of democracy and takes away the value of checks and balances that the opposition is expected to provide in a growing democracy like Zambia," Ngoma stated.
"Although these individuals have a democratic right to ditch one political party in preference to another, this should not develop into a culture where politicians resign just because they want to associate themselves with a ruling party."
Ngoma wondered whether some of the defectors really believed in the fundamental principles of the political parties they belonged to only four months ago.
He urged Zambians to reprimand what he termed ‘rolling' politicians when re-adopted to ensure that only people with integrity and passion to serve the public rose to political offices.
"As the situation stands, FODEP foresees more costly by-elections coming in the country at the expense of development. It is saddening to note that while the government is preaching cost-saving measures, some people consciously are taking democracy for granted by causing otherwise avoidable by-elections," stated Ngoma.
He said resources that were being spent on by-elections could be channelled towards alleviating poverty among the many million Zambians living under abject poverty.
Ngoma appealed to Zambians to critically scrutinise politicians that seemed to have reduced politics into a cheap commodity.
Labels: DEFECTIONS, DEMOCRACY, FODEP, ISAAC NGOMA
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FODEP urges appointing of referendum commission
By Agness Changala
Fri 16 Dec. 2011, 13:58 CAT
FODEP has appealed to President Michael Sata to appoint a referendum commission as outlined in the action plan for the technical committee on drafting of the Zambian Constitution.
In a statement yesterday, FODEP stated that this would give the referendum commission time to facilitate the printing of materials, update the voters' register and other things for the purpose of preparations and holding of the national referendum.
It stated that the early establishment of the referendum commission would enable the commission so appointed to start consultations with the Central Statistical Office (CSO) on the 2010 national census results and make the necessary logistics for the smooth holding of the referendum.
FODEP stated that the civil society and other stakeholders would be given ample time to mobilise resources and prepare people's minds to participate in the referendum.
"We wish to state that civic education on the constitutional making process is not only critical, but creates ownership of the process, which is key in delivering a people driven document," the statement read in part.
FODEP proposed that the new constitution should guarantee and protect the tenure of the office of Inspector General of Police.
It stated that this should be done in an effort to retain some level of independence and public confidence in the work of the Zambia Police Service.
FOPDEP stated that the obtaining scenario where the appointment of the Inspector General of the Police was made by the President made them susceptible to public suspicion and mistrust on neutrality and professionalism, especially when some police investigations are prompted by direct orders from the executive.
It stated that the general feeling was that the Inspector General of Police was at the mercy of the appointing authority as demonstrated in the past few years where those appointed to that office had been hired and fired by presidents at will.
FODEP stated that this might compromise their independence in an effort to keep their positions.
Labels: FODEP, MICHAEL SATA
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FODEP requests Sata to probe previous elections
By Kombe Chimpinde
Mon 17 Oct. 2011, 13:30 CAT
PRESIDENT Michael Sata must consider appointing a commission of inquiry into the elections that have been conducted in Zambia since 2001, says FODEP.
In a statement, Foundation for Democratic Process (FODEP) president Dr Alex Ng'oma said the revelations contained in the October 7, 2011 edition of The Africa Confidential magazine that
former president Rupiah Banda attempted to use "the top directors of the Zambia Intelligence and Security Services to rig our elections" must be accorded the attention it deserves.
"It makes very sad reading and must be accorded the attention it deserves. The Foundation for Democratic Process is aware that many of our precious people have, over the years, slowly been losing confidence in our electoral process precisely because they believe that elections in Zambia are rigged, and participating in them is a sheer waste of time," Dr Ng'oma, who is also a political activist, said.
He said the revelations raised very serious national concerns about the kind of electoral process the country has had over the years.
"In view of the revelation by Africa Confidential, therefore, FODEP would like to request the Republican President, His Excellency, Mr Michael Chilufya Sata, to kindly consider appointing a Commission of
Inquiry into the elections that have been conducted in Zambia since 2001. Such a Commission, in our view, should go beyond mere election administration as such, and conduct a forensic audit of the Electoral Commission of Zambia," he said.
"It is our firm belief, at FODEP, that only bold steps taken on the basis of the findings of a Commission of Inquiry can serve to restore our people's confidence in our country's electoral process."
President Sata has recently appointed a number of Commissions to probe various activities and events in the country, among them the killings in Mongu and alleged corruption in the energy sector.
Labels: 2011 ELECTIONS, FODEP, MICHAEL SATA
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Panji Kaunda qualifies to be nominated MP, KK cleared his debt-Lubinda
TIME PUBLISHED - Friday, October 7, 2011, 10:51 am
Information, Broadcasting and Tourism Minister Given Lubinda said that Defence Deputy Minister Panji Kaunda qualifies to be nominated in his position.
Commenting on the media reports that Col Panji Kaunda did not qualify to serve as member of Parliament at a Press briefing in Lusaka yesterday, Mr Lubinda said that Col Kaunda’s issue of being bankrupt was addressed when the Former President Kenneth Kaunda paid Hybrid Poultry Farm Limited the amount Colonel Kaunda owed.
Mr Lubinda advised the media that it was important to carry out research on the matter before publishing any story relating to Col Kaunda.
Earlier this week, the Foundation for Democratic Process (FODEP) Executive Director McDonald Chipenzi said that the appointment of Colonel Panji Kaunda as Member of Parliament and deputy defence minister, contravened article 65 (1)(b) of the constitution because he was declared bankrupt by the courts.
Mr Chipenzi went on to explain that article 65 (1)(b) stated that a person shall not be qualified to be elected as a member of the national assembly if that person is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Zambia.
The FODEP executive director called on republican President Michael Sata to either reconsider Colonel Kaunda’s appointment or disclose to the nation that Colonel Kaunda is no longer a bankrupt person.
Colonel Panji Kaunda was declared bankrupt by the High Court of Zambia in January 2004 for owing Hybrid Poultry Farm Limited K121,703,436.
Labels: FODEP, GIVEN LUBINDA, KENNETH KAUNDA, MCDONALD CHIPENZI, PANJI KAUNDA
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Ng’oma urges ECZ to finalise electoral code
By Kombe Chimpinde
Tue 31 May 2011, 07:10 CAT
Dr Alex Ng’oma has appealed to the ECZ to quickly make the Electoral Code of Conduct that will be used in this year’s elections available.
And Dr Ng’oma has questioned the Electoral Commission of Zambia’s (ECZ) failure to immediately address breaches of the electoral laws that forbids traditional leaders from endorsing presidential candidates.
In an interview, Dr Ng’oma, who is Foundation for Democratic Process (FODEP), said in an interview that credibility and fairness of the elections was premised on proper adherence to the country’s electoral laws and guildlines.
“We have actually seen that campaigns have kicked off and have begun to gain momentum, and it is important for ECZ (Electoral Commission of Zambia) to finalise and approve the Electoral Code of Conduct that should spell out the do’s and don’ts in this year’s elections,” Dr Ng’oma.
He said that although FODEP had welcomed the move by ECZ to review the code of conduct, it regretted that the exercise was a wasted one as the new code was based on the electoral laws provided in the draft constitution under the failed National Constitutional Conference that failed in Parliament.
He said this meant that Zambia would go to the polls with the old Electoral Code of Conduct, describing the situation as rather unfortunate.
“This is the challenge that we have. This means that the new electoral code which would have given the commission more power to enforce it cannot work. The old one on the other hand is weak when it comes to enforcement,” Dr Ng’oma said.
He said there was need for the electoral players to exhibit goodwill and integrity in the process, to avoid any incidents that would agitate the Zambians prior, during and after the elections.
“FODEP is sending a very strong appeal to the ECZ to ensure that what is written in the code of conduct is adhered to by all political stakeholders. We need level headedness, considering the fact that the country may be going into the elections with ‘malfunction’ document and avoid things that will be detrimental to the elections,” he said.
And Dr Ng’oma said that it was unfortunate that lapses had already been seen in the manner ECZ was handling measures to ensure a level playing field for all political parties ahead of elections.
“We find it very strange that our royal highnesses are breaching the electoral code of conduct. The failure to stop that by ECZ is promoting lawlessness in the electoral process because it is illegal for chiefs to endorse a presidential candidate,” Dr Ngoma said.
He expressed sadness that the government had failed to condemn the act of chiefs to openly endorse candidates of their preferences because this was in their favour.
“Lawbreakers must not only be prosecuted if they are not in favour of the party in power. There should be a fair and objective prosecution of electoral cases,” said Dr Ng’oma.
Recently, Anti-Voter Apathy Project executive director Bonnie Tembo complained about the delay by the Ministry of Justice to finalise the Electoral Code of Conduct.
Tembo said there was need to finalise the code because some of the clauses which were included in the reviewed document bordered on the new constitution which failled to go through Parliament recently. Tembo said it was important to have the code now so that all stakeholders could familiarise themselves with it.
Labels: ALEX NG'OMA, ECZ, FODEP
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Poverty is Zambia’s greatest enemy, says FODEP
By Kombe Chimpinde
Fri 13 May 2011, 04:00 CAT
POVERTY is Zambia's greatest enemy to social and human development, says Dr Alex Ng'oma. Dr Ng'oma, who is Foundation for Democratic Process (FODEP) president, observed that most Zambians could not enhance their human development and remain independent from political manipulation due to high poverty levels being experienced.
He said
some politicians had taken advantage of the continued high poverty levels to manipulate the poorest in a bid to influence their choices of leaders during elections.
“Sometimes no matter how much we try to educate communities, they still remain prone to manipulation such as the giving of foodstuffs and farming inputs during an election period,” he said.
Dr Ng'oma said until poverty is eradicated at national level, Zambia would continue to have challenges in conducting civic education, especially among voters.
He said there was need for the country to reach a level where people in rural areas would vote for a political party not because they had been given material things but rather because they believed in policies being floated by a particular party.
Dr Ng'oma, however, said there was need for non-governmental organisations to focus their civic education more in poverty stricken areas where the majority of people were prone to political manipulation.
Dr Ng'oma, who is also a lecturer at the University of Zambia, recommended that intensive civic education be done not only during election periods but throughout the year in order to create awareness among possible voters.
“We have begun carrying out civic education in Western and Southern provinces. We have not been able to go to other parts of the country due to lack of adequate funding,” said Dr Ng'oma.
Labels: ALEX NG'OMA, FODEP, POVERTY
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MMD should be removed, says Dr Ng’oma
By Brina Manenga
Thu 10 Feb. 2011, 04:00 CAT
THE MMD government has not been responsive to the needs of the Zambian people and that warrants their removal from office, says Dr Alex Ng’oma. In an interview, Dr N’goma, the Foundation for Democratic Process (FODEP) president, said it was unfortunate that the government had not listened to the demands of its people.
“As FODEP it is our belief that the national agenda should be people driven rather than being driven by the politicians the way it is at the moment. There are a lot of things in the country that have gone against the will of the people,” Dr Ng’oma said.
“If you look at the privatisation of Zamtel and Zanaco, people were opposed to that but government went ahead and privatised them. The majority of people opposed the removal of the abuse of office clause. They wanted to appeal against the acquittal of former president Frederick Chiluba, but government sat on everything.”
Dr Ng’oma said the shelving of the 50 per cent plus one threshold was testimony that the government did not respect the wishes of the people.
“Whatever it is that the people in office want to do they will go ahead whether the Zambian people oppose or not. Our appeal to government is that it should be a government for the people. It should listen to the wishes of the people for us to live in harmony,” said Dr Ng’oma.
“These are some of the examples to show that this government has taken the people of Zambia for granted. People should not be surprised if voter apathy continues because government is not doing what is in the best interest of the people. People will distance themselves from government because they think their wishes are not being appreciated.”
Labels: ALEX NG'OMA, FODEP, MMD
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Ng’oma urges level playing field for politicians
By Kombe Chimpinde
Sun 06 Feb. 2011, 03:59 CAT
A political analyst has called for a level playing field among political players ahead of this year’s general elections. Dr Alex Ng’oma, who is also Foundation for Democratic Process (FODEP) president, said elections in any democracy were a competition for people’s votes and it was vital for the best person to be elected fairly.
“Elections are about competition and any competition requires rules to support a level playing field which is necessary for the achievement of free and fair elections. This is because when the field is leveled there is equal chance for all contesting and a clear winner,” Dr Ng’ona said in an interview.
However, he said this could not be achieved without proper fundamentals to act as a guideline to the process and the period leading to it.
“For instance, now it is very worrying that other aspiring presidential candidates and their parties have to wait for the President to announce the elections when he deems fit. This is a disadvantage not only to the other players but the voters if the President decides to call for elections at his own time,” Dr Ng’oma said.
He said apart from enshrining the date of elections in the electoral Act, it was imperative to have an electoral body that would constitute an elected cross section of representatives.
“We need an autonomous electoral body constituting various stakeholders. This requires that proper electoral laws are enshrined before the elections. It is in the same vein that government should heed the calls from people to amend the Constitution and include the contentious clauses such as the 50 percent plus one, the swearing of the president within 90 days, the election of the vice-president as a presidential running mate,” Dr Ng’oma said.
Dr Ng’ona urged the government to heed calls for reforms to pave way for free and fair elections.
Labels: ALEX NG'OMA, FODEP
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FODEP urges information on deleted voters
By Sandra Lombe in Livingstone
Sat 13 Nov. 2010, 03:59 CAT
FODEP has requested the Electoral Commission of Zambia (ECZ) to supply information on the deleted voters from the current voters roll.
Forum for Democratic Process (FODEP) however commended ECZ for constantly updating stakeholders on the progress of the registration process by disclosing the total number of newly registered voters and those that had updated their details so far.
“However, we note with concern that the Commission’s update lacked information on the number of voters who have been deleted from the current register as records from updates still reflect the old number of 3.9 million voters.
“In this regard, FODEP would like to request the ECZ to furnish stakeholders on how the exercise of cleaning the current voter’s register of the deceased voters is progressing and how many people have so far been deleted,” stated FODEP information officer McDonald Chipenzi.
“This will help establish the actual number of voters on the provisional register and help stakeholders strategise on how to mount campaigns with relevant institutions and individuals in supplying the necessary information on people who need to be deleted.
“The lack of information on the number of people that have been deleted from the register might be either a sign that the current approach of removing the deceased is not bearing fruits or otherwise.”
Chipenzi stated that FODEP feared that without information and proper handling of the issue of cleaning the register of deceased voters would not resolve the fears among stakeholders that had described the current register as an obsolete one.
He stated that this would also affect the upcoming new register.
“...without paying serious attention to the negative effects that such groups of people may create on the register, it would be impossible for Zambia to have a current and regular register devoid of ghost voters in the 2011 tripartite elections and would be a great departure from the principles of the continuous voter registration system,” he stated.
Chipenzi appealed to the ECZ to strongly reflect on the need to establish effective inter-institutional linkages with other relevant government ministries and institutions such as the Ministry of Health, Prisons, Courts, the Immigration Department in the Ministry of Home Affairs and traditional leaders in establishing the number of people that needed to be removed from current register.
“Having people who are not supposed to be on the register just swells up the number of registered voters but when actual voting comes, such people don’t cast their votes creating an impression that there has been high levels of voter apathy,” stated Chipenzi.
Labels: ECZ, FODEP, MCDONALD CHIPENZI
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FODEP condemns K5bn bid for MPs at NCC
By Speedwell Mupuchi
Mon 22 Feb. 2010, 04:50 CAT
FODEP executive director Charity Musamba has said the proposal to pay K5 billion facilitation allowances to Lusaka-based parliamentarians participating in the NCC is a manifestation of imprudent financial management of public resources.
In a statement, Musamba noted the proposal by Vice-President George Kunda was ill-conceived.
“More importantly, the proposal demonstrates the misplacement of priorities by those entrusted with the management of public resources. In this vein, FODEP wishes to advise government to immediately refrain from the tendency of utilising public resources for the benefit of the few ruling elites,” she stated.
“The proposed K5 billion could go a long way in assisting government to hasten the implementation of projects particularly those that directly address the needs of the majority poor.”
Musamba stated that Foundation for Democratic Process (FODEP) expected Cabinet and President Rupiah Banda in particular, to ultimately reject such an outrageous proposal to save government’s integrity and retain people’s confidence in it as regards to financial management.
“We implore the government in general not to approve such an extravagant expenditure. We further implore the Zambian people to take keen interest in the management of their resources and demand for accountability from their leaders,” Musamba stated.
President Banda before leaving for Luapula recently said the K5 billion proposed by Vice-President Kunda had not been tabled in Cabinet and he did not want to say anything to pre-empt Cabinet.
Vice-President Kunda’s proposal has been condemned by key stakeholders. Late president Levy Mwanawasa rejected such proposal which Vice-President Kunda had made.
Labels: CHARITY MUSAMBA, FODEP, MPs, NCC
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Solwezi by-elections will not be free nor fair – FODEP
Wednesday, November 18, 2009, 13:52
Foundation for Democratic Process (FODEP) spokesperson MacDonald Chipenzi says
the Solwezi Central by-election, slated for November 19, will be marred by serious electoral malpractices.
Mr. Chipenzi attributed his prediction to the on going
violence,
food distribution and
vote buying that has characterized the campaigns in the constituency ahead of the elections.
He said in an interview with ZANIS, today, that there cannot be any level playing field when political parties vying for the Solwezi Central seat were all engaged in serious electoral malpractices like violence and vote buying.
He said the Solwezi Central by-election will not be free nor fair as all parties contesting in the by-election have abrogated the electoral code of conduct through their involvement in violence and other electoral misconduct ahead of the by-election.
Mr Chipenzi said that there will be need to strengthen the electoral code of conduct before the 2011 presidential and parliamentary elections in order to punish political parties found wanting for abrogating the electoral code of conduct.
He said this would save the country from going through expensive appeals, saying the current indication would be that the losers in the Solwezi Central by-election would not want to concede defeat because of the alleged electoral malpractices.
The spokesperson noted that the Solwezi Central by-election should make politicians to start appreciating each other and desist from politics of character assassination.
He said the Solwezi Central by-election should offer a perfect example for political parties to go back to the drawing board and learn to promote peace, dialogue and co-existence before the nation goes to the polls in 2011.
Mr Chipenzi further urged eligible electorates in Solwezi Central constituency to turn up in their numbers and vote for their preferred candidate who could serve them better.
ZANIS
Labels: BY-ELECTIONS, FODEP, MCDONALD CHIPENZI
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LAZ finds Chiluba’s request strange
Written by Patson Chilemba and Chibaula Silwamba
Friday, September 04, 2009 5:12:30 PM
THE Law Association of Zambia (LAZ) yesterday said it is strange that Frederick Chiluba is asking the association’s interpretation on constitutional provisions over his immunity, saying he failed to do so when he wrote to Parliament. And Foundation for Democratic Process (FODEP) has challenged Chiluba to raise specific legal provisions in the Constitution to back his demands for the restoration of his legal immunity.
Commenting on former president Chiluba's reaction to FODEP to stop abusing its position and allow legal experts like LAZ to interpret constitutional provisions on the lifting of his immunity, LAZ president Stephen Lungu wondered why Chiluba should be concerned about what people were saying.
Lungu said Chiluba wrote to Parliament because he realised that Parliament was an appropriate body to adjudicate over the lifting of his immunity.
"And therefore for us, we find it very, very strange. When they were writing that letter, there was no consultation with LAZ, and now they are asking that LAZ should interpret the law," he said.
Lungu said FODEP had come up with a legal position over the matter, and they reserved the right to speak, saying no one could say that they should not speak.
He said LAZ was not an adjudicating body but could express its views on respective issues.
"I notice, I think in one of the articles, I am being told that they [Chiluba and his team] are saying that 'let the lawyers interpret'. But if they have written to Parliament, then I do believe that they believe that Parliament is the right adjudicator, the right body to decide the issue of his immunity and not anybody else," Lungu said. "So, with regard to that, I would say since they have written to Parliament, let them deal with Parliament, and they should not concern themselves with what people are saying. Because you see, everybody has got the right to express themselves."
On the Director of Public Prosecutions (DPP) withdrawal of the appeal against Chiluba's acquittal by the magistrates’ court, Lungu said LAZ had deliberately remained quiet because most of the issues touched on the law and the matters were still in court.
He said he could not say anything on the matter because the stipulated 14 days had not yet elapsed and was still waiting to study the judgment.
"Because you see, once we read the judgment, we are going to look at the issues that have been raised, and will come up with a position as to what we think based on the evidence that was before the court," Lungu said.
And FODEP legal committee chairperson Charles Chanda challenged Chiluba to use legal provisions in the Constitution in his arguments.
He wondered why Chiluba's spokesperson Emmanuel Mwamba could not point out the perceived mistakes that FODEP made in its interpretation of the Constitution.
"In what sense did they say we are misinterpreting the Constitution? Are they saying those provisions [we quoted] are not there in the Constitution or what? It would have made more sense if Mr Mwamba was being specific on specific issues to enable us respond accordingly. But he has not addressed anything specifically," Chanda argued. "FODEP has got a mandate to comment on the Constitution; it's a constitutional right for any Zambian, for that matter, to express themselves freely. The right to freedom of expression is enshrined in our Constitution."
Chanda said Chiluba's demand for his legal immunity against prosecution to be restored was a constitutional issue and everyone was free to comment on it.
"If we have made any misinterpretation, they are free to specifically interpret the constitutional provisions in the manner that is specific; we have raised specific issues, we are not talking about personalities, and so let them also raise specific issues about our interpretation of the Constitution," argued Chanda.
On Wednesday, Mwamba asked FODEP to stop abusing its position and allow legal experts like LAZ to interpret constitutional provisions on the lifting of his immunity.
Mwamba said FODEP's interpretation was wrong and misdirected.
He said Chiluba's immunity was lifted by a motion of Parliament and it could be restored by such a motion.
"And Dr Chiluba feels very strongly that FODEP should remain, FODEP and other organisations should remain focused on their specific areas of competence. In this case, FODEP's area of competence is election monitoring, voter awareness," Mwamba said. "Let LAZ interpret that. Let us allow LAZ to interpret that, or eminent constitutional officers or constitutional lawyers. Let the court interpret that. FODEP is assuming to be constitutional experts when their role and their specific area of competence is well known.
"They are abusing their position in this country. What we hold is that Dr Chiluba's immunity should be restored. That is what we hold. And I don't think that there is any strong ground not to restore [the immunity]," said Mwamba. "We emphasise that the immunity was lifted by a motion of Parliament, and it can be restored by a motion in Parliament."
In an analysis of the legal provisions in relation to Chiluba's application to the Speaker of the National Assembly Amusaa Mwanamwambwa seeking the restoration of his legal immunity from prosecution, Chanda guided Speaker Mwanamwambwa to decline Chiluba's request because the Constitution had no provision for the National Assembly to confer immunity on a former president whose immunity was lifted.
Chanda stated that the jurisdiction of the National Assembly was only limited to removal of such immunity.
He said FODEP strongly opposed the idea of restoration of Chiluba's immunity because doing so would be unconstitutional.
"Article 43(3) of the Constitution provides as follows: (3) a person who has held, but no longer holds, the office of President shall not be charged with a criminal offence or be amenable to the criminal jurisdiction of any court, in respect of any act done or omitted to be done by him in his personal capacity while he held office of President, unless the National Assembly has, by resolution, determined that such proceedings would not be contrary to the interests of the state.”
In this Article, the jurisdiction of the National Assembly with regard to the issue of immunity is clearly limited to the removal of such immunity only and nothing can be read into it empowering conferment of the same. It is on this basis that we are urging the Speaker to respectfully decline such demand and call upon all the members of parliament not to even entertain the idea," stated Chanda.
Labels: CHILUBA, FODEP, LAZ
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Presidential immunity for a non-president
Written by Editor
The reasons for the withdrawal of the appeal against Frederick Chiluba’s acquittal are becoming clearer by the day. We have said before and say again that the facts and circumstances surrounding the sordid Chiluba affair will become clear. It is not possible to hide information and conceal such schemes for too long. Those who have been involved in it will be known. And our people will have a chance to say what they think about this matter.
We are not surprised that a good appeal was withdrawn. It seems it had to be withdrawn because it was interfering with a laid down programme that should have culminated into the illegal restoration of Chiluba’s immunity as president. Those that wanted to do this were determined even if it meant doing something which was absurd in law.
We agree with FODEP that it does not makes sense for people to talk about giving back immunity once it has been taken away. We say this because even the very demand that immunity be restored by a person who has just come out of a prosecution is a basis for not doing it. Why should a former president demand presidential immunity once it has been stripped? What is it that he did as president that he does not want to be probed? Why should he be scared if he has been genuinely acquitted? If Chiluba believes in his own innocence, why does he need immunity? These are legitimate questions that deserve honest answers. Chiluba knows that he has a lot to answer for. He also knows that he just survived by the skin of his teeth, he cannot risk being tried for anything else. This is why Chiluba was quick to demand immunity. An innocent man does not need immunity from prosecution in much the same way as a healthy man does not need any medicine.
For Chiluba to have immunity, he would have to be sworn in as president. We say this because presidential immunity is a direct consequence of someone being sworn in as president. As FODEP says, there is no constitutional mandate for restoring presidential immunity once it has been taken away. You do not need to be a very intelligent constitutional lawyer to agree with FODEP. Their position stands to reason. What Chiluba is crying for is presidential immunity. He wants Parliament to confer him with presidential immunity. How can he ask for presidential immunity when he is no longer president? Who is going to confer it? According to Chiluba, Parliament should give a non-president, presidential immunity. This type of proposition does not make any sense at all and yet Chiluba is determined. And we have no doubt his backers would have no problem breaking the law to protect their criminal friend. We call him their criminal friend because as we have just said, if he was not a criminal, he would not be worried about immunity.
Chiluba’s excitement and determination to carry on like nothing happened seems to know no bounds. Obviously, somebody has assured him that everything will be fine. This is why they were quick to announce that Chiluba had received his certificate of acquittal even before the time set up for appeal had elapsed. How did Chiluba’s camp know that Chalwe Mchenga, the Director of Public Prosecutions, was not going to appeal? Their whole conduct suggested that they knew that Mchenga was not going to appeal. This is why they were insisting that only Mchenga could appeal even when an appeal had been duly lodged. Did Chiluba know something that the Task Force did not know? Indeed, it was not just Chiluba’s people who were saying only the Director of Public Prosecutions could file an appeal. George Kunda was also quick to emphasise the ‘exclusive’ right of the Director of Public Prosecutions to appeal. This was all an orchestrated attempt to derail the appeal that had been lodged. This behaviour is consistent with the pronouncements that Chiluba has been making. This also explains why Chiluba can so confidently lay a complaint at the Law Association of Zambia against Mutembo Nchito on behalf of the Director of Public Prosecutions. If Chiluba thought the Director of Public Prosecutions was not supportive of his position, he would not dare file this complaint because it would be an exercise in futility.
It is these types of inconsistencies and contradictions that demonstrate the criminal complicity of all those involved in the withdrawal of the appeal against Chiluba’s acquittal.
The issues that have been raised by FODEP are important and deserve careful attention by all those involved in the attempt to give presidential immunity to a man who is no longer president. FODEP and other civil society groups would do well to continue speaking impartially and clearly on issues of national importance. This is the role that genuine civil society needs to play. A civil society that champions the cause of those in government is irrelevant because government has enough power and resources to champion its own causes. Civil society must speak for the voiceless majority.
Our people have every right to expect guidance and objective analysis of the many issues that are facing us as a nation today from civil society. There are many legal questions today about which our people need guidance. Our people have got every right to look to civil society for answers. On the question of Chiluba’s immunity and appeal against his acquittal, FODEP has come up and given its position. This is commendable. But it would be more helpful if the Law Association of Zambia were clearer and offered guidance based on their professional knowledge. It is worrying when a usually vibrant association like the Law Association of Zambia on which many of us have relied for guidance on vexing questions of law chooses to remain quiet on almost every important legal question being discussed in our country today.
A country will not have to deal with many questions of law that are more important than Chiluba’s demand for his immunity. Keeping quiet on such an important question of law renders the Law Association of Zambia irrelevant, which is unfortunate. With other publicly minded organisations such as the church mother bodies, the Law Association of Zambia has been an important voice calling for accountability in our country. The role that the Law Association of Zambia played in stopping the illegitimate constitutional amendment to allow Chiluba’s third term cannot overemphasised. It was an important, if not pivotal, role. Our people were able to fight that wicked attempt to rape the Constitution because their lawyers had guided them and demonstrated to them that it was wrong to allow Chiluba to do what he wanted to do.
We are coming into a time where the Law Association of Zambia has to come out in the open and show whether they stand on the side of the people or not. Keeping quiet or being ambivalent will not help the nation or the legal profession.
It is not only Chiluba’s immunity that requires their comment. Mchenga has told the nation that he is not going to appeal Chiluba’s acquittal because according to him, there are no winnable grounds of appeal. Many of our people would have expected the Law Association of Zambia to take a stance on this matter. But for some reason, they have chosen to remain quiet. This compels us to ask the question: what is the purpose of the Law Association of Zambia? Does it have a role to play in discussing legal questions of a general public interest?
We are saying this because a civilised society requires a civilised way of settling its disputes and conflicts. We are a society which is supposed to be governed by laws. And for laws to have legitimacy and acceptability amongst our people, they must be understood and explained where necessary. This is the method that ensures that society is kept intact and the rule of law respected by all. We believe the Law Association of Zambia has an important role to play in this regard. Keeping quiet about important legal questions that are being discussed publicly does not further the image of the legal profession or help the country in any way. FODEP has given its legal opinion on Chiluba’s immunity and made a demand on the withdrawal of the appeal. Why is the Law Association of Zambia quiet? It is worrying that Chiluba thinks that the Law Association of Zambia should come up with a position that is different to the one FODEP has come up with. The question is, why?
Labels: CHILUBA, FODEP, LAZ
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Chiluba dismisses FODEP’s position on immunity
Written by Patson Chilemba
Thursday, September 03, 2009 12:16:04 AM
FORMER president Frederick Chiluba has asked Foundation for Democratic Process (FODEP) to stop abusing its position and allow legal experts like Law Association of Zambia (LAZ) to interpret constitutional provisions on the lifting of his immunity.
Reacting to the FODEP legal committee's interpretation that the National Assembly has no jurisdiction to restore the legal immunity of Chiluba according to the Zambian Constitution, Chiluba's spokesperson Emmanuel Mwamba said FODEP's interpretation was wrong and misdirected.
He said Chiluba's immunity was lifted by a motion of Parliament and it could be restored by such a motion.
Mwamba said FODEP was concerned with procedure and processes and not the constitutional provisions.
"FODEP should be aware that the Constitution does not provide for procedures and processes. That is usually the preserve of subsidiary regulation, subsidiary laws," he said.
Mwamba said Chiluba's immunity was lifted for a specific purpose to make him amenable to criminal investigations and prosecutions.
He said there was nowhere in the Constitution where it was stated that the legal immunity of a president could not be lifted.
However, Mwamba said now that Chiluba had been acquitted, his immunity should be restored.
He said the legal immunity was a right for a president.
"You can't pick Article 43 sub-article 3, which provides for his lifting of immunity to say, there is no restoration," Mwamba said.
He said Chiluba ought to enjoy his immunity because of the fact that he was president.
"And Dr Chiluba feels very strongly that FODEP should remain, FODEP and other organisations should remain focused on their specific areas of competence. In this case, FODEP's area of competence is election monitoring, voter awareness," Mwamba said. "Let LAZ interpret that. Let us allow LAZ to interpret that, or eminent constitutional officers or constitutional lawyers. Let the court interpret that. FODEP is assuming to be constitutional experts when their role and their specific area of competence is well known."
Mwamba said FODEP should not be seen to be hijacking the place of others.
He said the organisation should not be a master of all issues.
"They are abusing their position in this country. What we hold is that Dr Chiluba's immunity should be restored. That is what we hold. And I don't think that there is any strong ground not to restore [the immunity]," said Mwamba. "We emphasise that the immunity was lifted by a motion of Parliament, and it can be restored by a motion in Parliament."
In an analysis of the legal provisions in relation to Chiluba's application to the Speaker of the National Assembly Amusaa Mwanamwambwa seeking the restoration of his legal immunity from prosecution, FODEP legal committee chairperson Charles Chanda guided Speaker Mwanamwambwa to decline Chiluba's request because the Constitution had no provision for the National Assembly to confer immunity on a former president whose immunity was lifted.
Chanda stated that the jurisdiction of the National Assembly was only limited to removal of such immunity.
He said FODEP strongly opposed the idea of restoration of Chiluba's immunity because doing so would be unconstitutional.
"Article 43(3) of the Constitution provides as follows: (3) a person who has held, but no longer holds, the office of President shall not be charged with a criminal offence or be amenable to the criminal jurisdiction of any court, in respect of any act done or omitted to be done by him in his personal capacity while he held office of President, unless the National Assembly has, by resolution, determined that such proceedings would not be contrary to the interests of the state. In this Article, the jurisdiction of the National Assembly with regard to the issue of immunity is clearly limited to the removal of such immunity only and nothing can be read into it empowering conferment of the same. It is on this basis that we are urging the Speaker to respectfully decline such demand and call upon all the members of parliament not to even entertain the idea," stated Chanda.
Recently, Chiluba's lawyers wrote to Speaker Mwanamwambwa demanding the restoration of his immunity following his acquittal by Ndola High Court registrar Jones Chinyama of embezzling public funds.
Labels: CHILUBA, FODEP, LEGAL IMMUNITY
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Ministry of Health K10bn scandal is unforgivable – FODEP
Written by Mwila Chansa in Kitwe
Monday, May 18, 2009 4:12:19 PM
FOUNDATION for Democratic Process (FODEP) president Stanley Mhango has described the alleged K10 billion scandal at the Ministry of Health as murderous and unforgivable.
And Mhango has expressed concern that civil servants in Zambia have become serious abusers of public resources without applying social shame.
Commenting on the alleged K10 billion scandal involving ministry of health officials that was currently under probe, Mhango stated that FODEP was greatly disturbed by the recent revelation by the Anti-Corruption Commission (ACC).
"As an organisation, we are greatly disturbed by the recent revelations by the ACC of the abuse of K10 billion public or donor money from the Ministry of Health which was [suspected to have been] invested in private lodges and luxurious vehicles at the expense of poor majority Zambians," Mhango stated.
"It is common knowledge that most hospitals and health centres in the country suffer from the shortages of drugs (ARVs), staff and facilities and yet some public officers are busy abusing and plundering taxpayers' money meant for developmental activities."
Mhango expressed concern that the people involved in the scandal had continued with their usual work and were withdrawing salaries and allowances from the public coffers despite 'killing' many people through their actions.
"How much ARV drugs would have been procured from the K10 billion? How many health centres and associated facilities would have been put up from the K10 billion? How many CD4 count machines would have been procured and installed in hospitals across the country?" Mhango asked.
He noted that such acts were not only embarrassing to the Ministry of Health and the government but to all Zambians and sent negative signals to the country's cooperating partners.
Mhango demanded the immediate arrest of the people concerned or involved in the K10 billion corruption scandal. He commended the ACC for being proactive and saving further loss of public resources from selfish individuals.
"We further demand for a thorough audit of the Global Funds given directly to the Ministry of Health to ascertain the level of abuse of those funds," stated Mhango.
Labels: FODEP, HEALTHCARE, STANLEY MHANGO
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Mhango cautions over united Africa dream
Mhango cautions over united Africa dream
Written by Bivan Saluseki
Wednesday, February 18, 2009 7:48:35 PM
FOUNDATION for Democratic Process (FODEP) president Stanley Mhango has called for a cautious approach in the course of projecting the dream of a United States of Africa.
Mhango yesterday said although the idea of a United States of Africa was a step in the right direction, its major aim should be to provide a platform through which the economic and political aspiration of the African people are met.
He said the dream, if concretised, could be a vehicle through which a 'bulwark' to peer the more integrated and cohesive European Union and the United States of America would be provided.
However, Mhango said some challenges needed to be met.
"We urge the proponents of this concept to note that in a contemporary world, after the collapse of the Soviet Union, the most important distinction among the people to a large extent, especially in Africa, is not ideological, political or economic but cultural. Most Africans define themselves in terms of ancestry, religious, language, history, values, customs and institutions, cultural groups and tribes," he said.
Mhango appealed to those championing the idea to make a more rigorous analysis of the concept of a united states.
"They need, among other things, to undertake a comprehensive review of Africa's peculiar historical background because the debilitating conditions affecting the continent today are dictated by historical forces namely trans-Saharan/trans-Atlantic slave trade and colonial domination and conquest which made Africa to be in a perpetual state of socio-economic paralysis," he said.
Mhango said for the dream to be realised, there was need to address the challenge posed by the situation where the economies of the African people were tied to the apron strings of the colonial masters and Western world creating a situation of dependence, a relationship that was tilted in favour of the colonialists.
Mhango said another issue that needed to be addressed was the legitimacy of the present crop of leaders in Africa, especially those championing the dream, since the continent was filled with pseudo-democrats, sit-tight rulers, dictators and autocrats.
"Africans cannot afford to keep their destiny in the hands of such crops of leaders," he said.
Mhango said there was need to address the political will to undertake fundamental reforms of various African policies, which seemed to be lacking.
"In the absence of any other convincing arguments, the proponents of this dream may be living an illusion," said Mhango.
Labels: FODEP, PANAFRICANISM, STANLEY MHANGO
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Rupiah treasures leisure than solving economic problems, charges Masupa
Written by Lambwe Kachali and Katwishi Bwalya
Sunday, December 28, 2008 12:49:53 PM
INDEPENDENT Churches of Zambia (ICOZ) president Reverend David Masupa has observed that President Rupiah Banda's going on holiday shows that he treasures leisure more than solving the economic difficulties that have plagued the country.
And Foundation for Democratic Process (FODEP) executive director Elijah Rubvuta said President Banda's decision to go on holiday does not depict commitment and seriousness towards finding solutions to the country's problems.
In an interview, Rev Masupa said President Banda had proved to be a failure in terms of leadership, especially that he had been in office for less than three months.
He said President Banda's beginning had been disastrous and an indication to the Zambian people to prepare for more hardships because their head of state had no solutions to their problems; neither did he have a human heart to help them.
Rev Masupa said any committed president would share difficulties with citizens and work hard in finding lasting solutions together.
"We are very disappointed that in the midst of difficulties, when people cannot even afford to buy a bag of mealie-meal, the country can have enough money for the head of state to go for a holiday," he said.
He said President Banda was setting a bad precedent because Zambians had been compelled into thinking that the government was telling blatant lies when it said there was no money, when millions were being spent in Mfuwe.
Rev Masupa said much as Zambians were aware of the president's privileges, the timing for President Banda to go on holiday was wrong.
"We feel until the economy stabilises, that's when he can go on leave. Because now what this implies, the people of Zambia will get it that there is money for the leaders to go and have leisure life, but there is no money to cushion the impact of the bad economy in the country; to cushion the high prices of mealie-meal for the poor people to afford.
We shouldn't be creating classes, that a certain class of Zambians can afford and the other class cannot afford. So really, as the church and as a religious leader, I would say that the President should take time and see how people are suffering in our compounds, instead of going on holiday. Let the President show that he is worth what he promised during campaigns. Let him practice what he preached. Let them show us by reducing the bag of mealie-meal to less than K40,000 [per 25 kg bag], then they will get accolade from the people of Zambia," said Rev Masupa.
And Rubvuta said it was unfortunate that President Banda could even have strength to go on leave when the people he was leading were sleeping on empty stomachs.
"Like everybody takes it when you go on leave it's like one is going to relax so, we take it President Banda is going to relax at a time when serious brainstorming is required," Ruvuta said.
He said this was a time when the country needed a lot of commitment from leaders to demonstrate leadership for the country to forge ahead.
"There are a number of things in the country that needed serious attention like the agriculture sector, issues to do with our yields, which might require a lot of commitment from our leaders," he said.
Rubvuta said with proper leadership, the country was capable of preventing the effects of the global crisis.
"We believe that with proper direction, proper leadership even the effects of the global challenges which are yet to really hit us are possible to avert or at least to prevent the consequences of those effects," said Rubvuta.
Labels: DAVID MASUPA, ELIJAH RUBVUTA, FODEP, ICOZ, RUPIAH BANDA
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Musonda questions behaviour of foreign, local election observers
Written by Masuzyo Chakwe
Monday, November 03, 2008 6:53:46 AM
CENTRE for Elections and Governance board trustee Gershom Musonda yesterday said the behaviour of foreign and some local observers in the just-ended 2008 presidential elections is highly questionable.
Commenting on the independent Parallel Vote Tabulation (PVT) results by Foundation for Democratic Process (FODEP), the Anti Voter Apathy Project, SACCORD and the Zambia National Women’s Lobby, which were released yesterday, Musonda said it was too early for monitors to release preliminary results for the election.
“Firstly international observers, they have been too rushed, just on the day of voting itself, they declared the elections free and fair, I think it was immature and it was a wrong way. Just on the day of voting, them they were looking at the peace that could have prevailed at the counting centres. As monitors, we look at the entire process, how did the campaigns go, nominations what issues are being raised by stakeholders,” Musonda said.
“Secondly, even FODEP yesterday, their position was that all had gone on well, today they have even consolidated that, according to international standards, we didn’t even remind them in the morning, it is wrong, monitors are supposed to wait two, three days after the elections, they issue an interim report, seven days, 10 days later you issue a consolidated report and FODEP had always done this. We don’t know what has gone funny during these elections.”
He accused FODEP, AVAP, SACCORD and the National Women’s Lobby of not being critical from the moment the campaigns started.
Musonda said this was not surprising because these organisations worked closely with ECZ and all their movements to and from South Africa and money for voter education came through ECZ.
“So there is a serious compromise and then their final position on this election is equally wrong. By yesterday there were still questions ECZ had not answered from the stakeholders. There were serious questions and from PF there was a suggestion that can you hold on to the announcement of the last results until we resolve these issues.
In Kasempa, there was a question of Sata and Miyanda’s results were swapped and it took a deadlock of about three hours until it was resolved, that’s how it should be,” he said.
He also said the contesting political parties were very disappointing as they did not have all the statistics, polling station by polling station.
Musonda said there were so many polling stations where there were no signatures of polling agents and this showed lack of preparedness.
“They should have addressed these gaps, you don’t rely on the ECZ 100 per cent. The issues from stakeholders have to be resolved because what will happen is that voters are losing confidence in the electoral process and most of the people including myself I see no reason why next time I should vote because I am not changing anything.
My decision is not being respected, the issues raised are not being addressed, people will now be looking for alternative means to change the government, it’s unfortunate it will create apathy. It’s a pity anything can happen and we can’t live like that in an democracy,” he said.
He said ECZ had also been resistant, as they had not been listening to critical voices of how things should be done.
Musonda gave an example of the extra ballot papers and where they were taken looking at the low voter turnout.
“All these issues are causing confusion so the ECZ has failed and local NGOs most of them have not done their work properly and it is leading to civic apathy and anything to do with ECZ, people will not respond it’s a pity,” said Musonda.
Earlier, FODEP president Stanley Mhango during a press briefing said the official results for the 2008 presidential elections announced by the ECZ reflected the will of the people.
Mhango said the results were consistent with the official results published by ECZ.
He said analysis of the results and turnout both and national and provincial level showed no significant inconsistency with those provided by ECZ and no evidence of manipulation.
The PVT findings state that President Rupiah Banda got 39.1 per cent of the votes, PF’s Michael Sata got about 37 per cent, UPND’s Hakainde Hichilema got about 24 per cent, HP’s Brigadier General Godfrey Miyanda got 0.95 per cent of the votes with 1.7 per cent rejected ballots.
Mhango said FODEP’s findings were based on information on polling and counting collected from 885 polling streams in 615 polling districts, drawn at random from all of Zambia’s 150 constituencies using a statistical method which was accepted internationally and proven to be accurate.
Labels: ELECTIONS, FODEP, GERSHOM MUSONDA
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