HH had a rough night in police cells - Kapita
By Staff Reporters
Thu 28 Feb. 2013, 13:00 CAT
OPPOSITION UPND has complained that its party leader, Hakainde Hichilema, spent a rough night in cells on Tuesday. And Southern Province police commissioner Charity Katanga says Hichilema has pure personal hatred against her.
Meanwhile, Wynter Kabimba says the PF is dismayed by what he called Hichilema's heartless but futile attempts to turn his party from culprits of the heinous crime in Livingstone, to victims of it.
And the Electoral Commission of Zambia has postponed today's by-election in Livingstone to March 14 due to political violence which led to the death of PF member Harrison Chanda.
Hichilema has since been released on a KR2,000 bail after meeting the bail conditions of two working sureties.
Hakainde, who appeared before magistrate Chola Musonda, yesterday afternoon pleaded not guilty to the charge of proposing violence.
During the proceedings, the defence applied that the case be transferred to Kalomo for security reasons and that the accused would interfere with witnesses.
The court has set March 27 and April 25, 2013 as dates for Hichilema's mention while trial dates have been set for May 26, 27 and 29.
And the case involving nine UPND cadres also arrested in connection with Chanda's death will be taken to the High Court and the accused will remain in police custody until they appear for mention on March 13.
Owing to the political violence in Livingstone, ECZ chairperson justice Irene Mambilima disclosed at a press briefing yesterday that the postponement does not affect by-elections in Mpongwe and six local government polls in various districts.
Section 28 of the electoral Act empowers the ECZ to postpone an election.
UPND cadres on Monday night attacked their PF counterparts, killing Chanda in the process.
Hichilema was on Tuesday arrested with several other party members in connection with Chanda's death.
Justice Mambilima said the Commission's assessment of the political environment in Livingstone had shown that it is not conducive to hold a free and fair election, hence the postponement.
"All stakeholders have a duty to ensure that there is a level playing field during elections and the Zambian electorate should not have to endure the trauma, intimidation or violence," she said.
Justice Mambilima said since the election campaign period expired on February 26, 2013 at 06:00 hours, there will be no political party campaigns in form of political party rallies until March 14 and advised political parties to only campaign using the print and electronic media.
And speaking at a media briefing in Lusaka yesterday, Kapita warned of countrywide protests should police refuse to grant Hichilema a police bond after his arrest on Tuesday.
He said the UPND lawyers had been trying to obtain bond or bail for Hichilema but that both were denied.
Kapita said police had hinted that Hichilema would be moved to Kalomo for his safety from would-be-reactors to the death of PF member Harrison Chanda.
Hichilema was on Tuesday arrested and charged with the offence of inciting violence which police had linked to the death of Chanda on Monday night.
"The president spent a rough night in cells. Our lawyers are still trying to get bail for him. Unfortunately, knowing that the police are not acting professionally and that they are receiving instructions from State House, I will not be surprised if he is not released on bail," Kapita said.
"We have also heard that they are trying to move him to Kalomo. They say that is for safety, but against who? Against what? As I speak to you, even our polling agents in Livingstone have been arrested. This is to ensure that the PF can rig elections. I appeal to our members; if you are near Mpongwe, go and help your colleagues in Mpongwe. If you are near Livingstone, jump on a bus go and monitor elections."
He said that Chanda was murdered by his fellow PF colleagues while they were jostling for money and that his blood was not on UPND.
Kapita also dismissed claims by police that various weapons were confiscated from the party's command centre.
"We have heard those reports of fights over money on a moving vehicle and they pushed that person out of the vehicle and they want to lay this blame on us. Sylvia Masebo,Obvious Mwaliteta will have blood on their hands after this matter has been concluded," said Kapita.
"After many months of trying to get HH behind bars by PF president Mr Sata, yesterday he got his wish and instructed the police to eventually arrest our president without any reasonable charge."
And UPND spokesperson Charles Kakoma said President Sata and PF were manipulating the violence in Livingstone to link Hakainde to murder through the police.
"He (Sata) is going to bring chaos. We would like to appeal to him to exercise all reasonableness to govern this country. The route that President Sata and the PF is taking is very dangerous," he said.
On Tuesday, before his arrest in Livingstone, Hichilema accused Katanga of being a PF cadre.
But Katanga in an interview yesterday said Hichilema told her that she is too young to hold the position of provincial police commissioner.
"Some of the issues that he says border on personal hatred. Before I was transferred here, I tried to execute my duties professionally as commissioner for Lusaka Province. Mr Hichilema came to my office and confronted me with a lot of other men which somehow I felt that it was bordering on sexual harassment and I wondered if really he meant well for me. I did not run away from my office. He told me that I am too young to occupy that office as commander and that is on record," she said.
"Surprisingly he has never approached other commanders in that manner other than me."
Katanga said it was unfair for Hichilema to accuse her of being "a sworn PF cadre who should not wear police uniform".
"Some utterances which have been made against me in my personal capacity have not been good at all. It is personal hatred. If a person has committed a crime, there are no boundaries. The fact that I am Charity Katanga doesn't come in... I have been condemned by his MPs without a just cause. It's evident that there is too much hatred. It's only that I am strong and I will not relent in my work," she said.
Katanga said it was not true that she received direct instructions from President Sata to make arrests.
"In Lusaka, I advised him (Hichilema) that the matter they wanted to demonstrate on against was in court. I used my understanding of the law that the protest could not be allowed. The President was not even around then. I am not new in the service. I have grown in the Zambia Police having joined before I was 20-years old. I have executed my duties for 17 years with a clean track record. As long as I remain a police officer, I would rather die on duty pursuing the course of justice. As a professional lawyer and also a drafter, I know the interpretation of the law and I will ensure that there is fairness regardless of the political parties involved," she said.
And Katanga said the house being used by the UPND as its command post, where weapons including machetes and knives were recovered, belongs to the party's Livingstone by-election candidate Regina Musokotwane.
"In the early hours of yesterday, we searched the house for UPND candidate madam Regina Musokotwane and you may wish to know that some machetes, knives and stones in the form of bricks were found, confiscated or removed from the house which is a command post for the UPND," she said.
Katanga said police also had information that the assailant who allegedly killed Chanda was hiding in the same house.
"Things happened so simultaneously on that day and we moved in and tried to put the pieces together. We established the likelihood that the assailant who caused that death ran to the same command post," she said.
Katanga said police had so far arrested 44 people who had been charged for various offences.
"Others not necessarily connected to the killing of Chanda were arrested. Some because they formed obstruction when police officers tried to apprehend Mr.
Hichilema. These are facing different charges and are detained in various police stations looking at the capacity of our cells. Others are at Libuyu, 32 are here (Livingstone Central Police) and others are detained at Airport police. Others will appear in court today, (yesterday)," said Katanga.
And in a statement yesterday, Kabimba stated that the PF found it disturbing that the UPND had spent the last 24 hours after the cold blooded murder of Chanda holding press briefings and using media platforms to cry for themselves instead of crying for the life they needlessly took away.
He stated that the behaviour by the UPND was typical of their "spine-chilling selfishness" and high levels of immorality that had made Zambians continue rejecting the opposition party.
"It is even more hair-raising that the UPND, immediately after murdering Mr Chanda, rather than show remorse, respect and sympathy for the dead and his family, decided to announce their strategies of how they were going to 'secure' their blood-stained votes in Livingstone," stated Kabimba who is justice minister and PF secretary general.
He stated that those who support the UPND ought to be ashamed that their topmost leadership, including Hichilema, Kapita and Kakoma, rushed to the media in an attempt to wish away the crime, made no mention of the innocent victim, but were quick to try and gain political sympathy out of it.
Kabimba added that the crime committed by the UPND in Livingstone was in line with the 'Mapatizya 'formula' which the UPND leadership had been preaching loudly and with pride.
He reminded the public that the PF had for a long time now and at several times warned against tolerating the Mapatizya formula because it was premised on terror, crime and violence, and its results were murderous acts such as the killing of Chanda.
Kabimba wondered if that was the type of behaviour for which the UPND has been seeking the support of the Commonwealth and the international community.
He stated that politics should be about safeguarding rather than taking away innocent lives.
Kabimba thanked all PF supporters and cadres, especially those in Livingstone during 'this particularly provocative period', for remaining calm and leaving the matter in the hands of the law enforcers.
He encouraged the members and supporters of the party to mourn Chanda with the dignity he deserved and continue with the maturity and peaceful conduct they had exhibited.
Kabimba expressed the party's 'utmost condolences' to the family of Chanda and assured them that the party would stand with them during this extremely painful moment.
Labels: BY-ELECTIONS, CHARITY KATANGA, HAKAINDE HICHILEMA, HARRISON CHANDA, IRENE MAMBILIMA, JAILS, WYNTER KABIMBA
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Storella extols Mambilima
By Bright Mukwasa
Thu 26 Apr. 2012, 14:10 CAT
JUSTICE Ireen Mambilima is a national hero by the way she conducted
last year's polls, says United States ambassador to Zambia Mark
Storella.
Ambassador Storella said Electoral Commission of Zambia (ECZ) chairperson Justice Mambilima stuck to what she believed in during the elections.
He said Zambians should look to themselves instead of others as a
reason for their successes.
"You have an Electoral Commission that has a strong ability to hold elections. But let's face it, every single time is a challenge,"
Ambassador Storella said when he addressed students from the University of Zambia and National Institute of Public Administration on constitution reforms at the US Embassy on Tuesday.
"I think that the Electoral Commission chairperson Justice Mambilima is a national hero to me. She was tough, tough, tough....and she set down rules about how things would go and she would not listen to anybody about breaking the rules. Not to the political parties and not even the United Nations.
She stuck by what she believed in and that made the process very strong."
Ambassador Storella made the remarks after he was asked by a Post photojournalist whether he played a role in convincing former president Rupiah Banda to concede defeat.
Ambassador Storella said there had been "a lot speculation and rumours" that had gone round, including rumours of the US having a military base here and missiles.
Ambassador Storella said Zambians should not look to others for reasons for their successes, but to themselves.
He praised the role played by the media and other democratic institutions.
"Your press played a better role than you think. There was information available to the voters. The Post newspaper of course is an independent newspaper, but I was very impressed by the role of radio stations they presented the news, you will excuse me for saying this, often in a better way than The Post, much more in an unbiased way," he said adding.
"How many of you want to listen to Radio Phoenix, or Q FM not to mention all those community radio stations all over the country that were saying what they wanted to say to the Zambian people? I think that the institutions that have been built into your political process, per se, I think showed real strength. Look at the role of your churches, they would cooperate amongst themselves and press hard for non-violent elections."
Ambassador Storella said Dr Kenneth Kaunda set a good precedent for conceding defeat in 1991 and that former president Rupiah Banda did the right thing to emulate him.
And Ambassador Storella encouraged young people to get involved in the ongoing constitution reform process.
He urged the people formulating the new constitution to have futuristic approach and think about the youth.
Ambassador Storella said his government stood ready to support a transparent constitution process that would accord chance to every Zambian to participate.
He said for the process to succeed where others have failed, it must be inclusive, and it was important that young people learnt about the process and understood the issue at hand.
Labels: ECZ, IRENE MAMBILIMA, MARK STORELLA
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Rupiah resisted to leave power, reveals Magazine
By Chibaula Silwamba
Thu 13 Oct. 2011, 14:00 CAT
RUPIAH Banda wanted to resist leaving power after his September 20 electoral defeat to Michael Sata, an influential London based investigative magazine has revealed.
In its October 7, 2011 edition, Africa Confidential, quoted Zambia's State House sources saying Banda was on the verge of declaring himself winner of the September 20 presidential poll after realising he had lost the elections to then opposition Patriotic Front (PF)'s Sata.
Africa Confidential reported that it was only the intervention of top advisors, electoral officials, founding president Dr Kenneth Kaunda, and United States and European Union diplomats on September 22 that persuaded Banda not to subvert the results and stay in office.
"The Chairperson of the Electoral Commission of Zambia (ECZ), Justice Irene Mambilima, is reported to have threatened to resign and tell the world the truth if Banda did not accept defeat. US Ambassador Mark Storella warned Banda that if he did not respect the election results, he would only be able to maintain power by brute force," Africa Confidential reported.
"A despondent Banda, faced with advice and warnings from so many different quarters, gave in and shortly afterwards publicly conceded defeat."
Africa Confidential reported that delayed announcements of results and Sata's hints on polling day that the vote was being rigged encouraged suspicion and unrest over Banda's intentions and fuelled the protests in the Copperbelt towns of Kitwe and Ndola where two protestors died during large-scale rioting.
"One factor that gave the opposition confidence that rigging would be difficult was the deployment of some 9,000 observers to monitor polling stations across the country by a civil society organisation, the Civil Society Election Coalition. Using a method called parallel voter tabulation (PVT), monitors take a sample of voting intentions to project probable national results, much like ‘exit polls'," Africa Confidential reported. "The results are believed reliable enough to highlight anomalous voting patterns caused by ballot stuffing. The ECZ tried to stop PVT because it was afraid of inaccurate results being released. The ECZ was set up as an independent regulator but its powers remain limited because the necessary amendments to the Constitution have not been made."
Africa Confidential reported that Banda learned on September 21 that the vote was going against him and summoned the top directors of the Zambia Intelligence and Security Services to ask them to help reverse the result.
"The security men apparently told Banda they could not help because it was too late. Intelligence chiefs had for months complained that Banda no longer listened to their advice," Africa Confidential reported. "Junior intelligence officers, we hear, helped to prevent ballot-stuffing, having heard Sata, a former police officer, promise to improve their welfare. The conventional wisdom had been that Banda would swing the elections."
It reported that Zambia had seen unprecedented economic growth against the background of a booming mining sector and grateful businesspeople swelled the MMD's election war chest.
"After the vote on 20 September, it became clear that the key factor against Banda had been the 1.2 million newly-registered voters, some 90 per cent of whom are young, unemployed or impoverished students," Africa Confidential reported. "They are highly receptive to the charismatic Sata's offer of ‘salvation to the laboured'.
Voters also feared that a second Banda term would see a return to the blatant corruption of president Frederick Chiluba's time. Banda's open association with Chiluba harmed him."
Africa Confidential reported that Banda made the mistake of falling out with the Roman Catholic Church, which commands the faith of one-third of Zambians.
Africa Confidential reported that the Catholic Church believed that campaigns against it in the state-owned media were planned and coordinated by the government.
"Although this was Sata's third attempt at the presidency, his campaign message had not changed fundamentally: ‘More jobs, less taxes and more money in your pockets.' While the MMD attempted to dent PF support in its Copperbelt strongholds, it neglected to shore up its own areas of traditional support," Africa Confidential reported.
"The MMD is said to have borrowed large sums to finance its extravagant campaign, which was run by Banda's sons Henry and James, with the help of journalist Dickson Jere, Banda's Special Assistant for Press and Public Relations."
Africa Confidential reported that the Banda family was completely unprepared to lose the election.
"James Banda briefly ‘fled' to South Africa, fearing recriminations but soon returned. In the MMD, the pair are roundly blamed for the debacle," Africa Confidential reported.
Chief Justice Ernest Sakala declared Sata duly elected President on Friday September 23.
According to ECZ tabulation of results for the September 20 presidential elections, President Michael Sata obtained 1,170,966 votes (42.24 per cent), former president Rupiah Banda 987,866 votes (35.63 per cent), UPND's Hakainde Hichilema 506,763 votes (18.28 per cent), Charles Milupi 26,270 votes (0.95 per cent), Elias Chipimo Junior 10,672 votes (0.38 per cent), Tilyenji Kaunda 9,950 votes (0.36 per cent), Edith Nawakwi 6,833 votes, Ng'andu Magande 6,344 votes (0.23 per cent), Brig Gen Godfrey Miyanda 4,730 votes (0.17 per cent) and Fred Mutesa 2,268 votes (0.08 per cent). At least 2,772,264 people voted out of 5,167,154 registered voters. However, 39,602 votes were rejected.
Labels: 2011 ELECTIONS, CORRUPTION, COUP, DICKSON JERE, IRENE MAMBILIMA, RUPIAH BANDA
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ECZ seeks ZAF's help to transport ballot papers
By Moses Kuwema
Thu 15 Sep. 2011, 13:55 CAT
ECZ chairperson Justice Ireen Mambilima says the institution has solicited the help of four Zambia Air Force helicopters to be used in airlifting polling materials to far-flung areas.
In an interview, Justice Mambilima said the Electoral Commission of Zambia had to learn from what happened in the past, especially in areas such as Western Province and Luano valley in Central Province.
"Also some areas like Nyimba and maybe somewhere in Chama so what we have done is that we have delivered most of the non-security items and we have solicited the help of ZAF, they have availed us four helicopters which we shall use to airlift the staff and some of the polling materials required for the polling stations.
"Let me say that the problem we had in the past in places like Shang'ombo and Sinjembela is that you would send your materials there, the truck sending the material gets stuck, you are not aware that the truck is stuck. You send another, one it also gets stuck so this time around we have given our officers in those far-flung areas satelite phones so that they are able to communicate with us in case there is any problem so that we can direct the choppers where to go. So that much we have done for this election," said Justice Mambilima.
On the issue of voting two days after the official polling day in some areas, Justice Mambilima said all poll staff have been asked to be in the polling station a day before the voting day.
"We are going to pay full subsistence allowance for out of station so we are insisting that all poll staff must sleep at their respective respective stations and be able to open the station on time on September 20 so we don't anticipate that we shall have such delays. If there will be any problem we anticipate that we shall be informed because of the communication which we have unveiled to our officers in the field," said Justice Mambilima.
Justice Mambilima said the ECZ's target was to deliver all the election materials in far-flung areas such as Northern Province, Western, North-Western and Luapula Provinces, not less than 48 hours before the election date.
She said all non-security materials were already in the districts and only the ballot papers were remaining.
Justice Mambilima said ECZ staff and officers had gained a lot of experience in the conduct of elections, adding that most of them were geared for this year's polls and were working under minimum supervision.
"The challenges have been different, if you recall in 2006 we were recovering from 2001 which many people thought was not a very good election and we think that in 2006 we did our best and we had the by-election in 2008 and I can say that the officers and staff of the ECZ have gained a lot of experience. They all know what they are supposed to do, so as for me the way I'm feeling, while...we shall take the bull by the horns, this is something we are supposed to do and we are going to do it," said Justice Mambilima.
And Justice Mambilima said the entire consignment of ballot papers including those which were reprinted was in the country, and what had remained were polling station posters and pallets for Central and North-Western provinces but that they too were expected in the country yesterday Wednesday.
"We have been told that the airline when they were packing, the cargo was too much and they left eight pallets, so we have been in touch with the people concerned in Durban so they have chartered a smaller plane which would bring the pallets tomorrow Wednesday seven are for Central Province and one for North-Western, they had to break up one of the pallets because of the height so they will be eight altogether including our posters."
Justice Mambilima appealed to Zambians to turn up in large numbers and cast their votes, and observe peace by respecting the outcome of the election.
Meanwhile, earlier at the airport PF Kanyama aspiring candidate Colonel Gerry Chanda queried the ECZ deputy IT director Brown Kasalu on who would keep the keys to the warehouse where the ballot papers would be kept, to which the latter responded that it was the ECZ.
However, Col Chanda proposed that political parties should have their representatives at the warehouse, to which Kasalu said the police officers would guard the warehouse.
"But the police are part of the system" said Col Chanda as Kasalu responded: "We must learn to trust our institutions," as Col Chanda shook his head in disagreement.
Labels: 2011 ELECTIONS, ECZ, IRENE MAMBILIMA, VOTERIGGING
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Nawakwi cautions Mambilima on UPG
By Roy Habaalu and Kombe Chimpinde
Mon 22 Aug. 2011, 15:10 CAT
EDITH Nawakwi says justice Irene Mambilima should own up and rise to the occasion over the Universal Print Group (UPG) issue. During a Newsmakers Forum organised by the Press Freedom Committee of The Post held at the Lusaka Playhouse on Thursday, Nawakwi said should there be violence after elections, ECZ and justice Mambilima would be blamed.
She said the issue of corruption and bribery about UPG, coupled with any delay in announcing results, might result in mayhem. Nawakwi said justice Mambilima should call for a stakeholders’ meeting to discuss and resolve the UPG issue.
She said it was embarrassing that Zambia was the only country where important national matters could not be discussed among its citizens.
“Justice Mambilima is holding the key. She should never think or even think that she can behave the way she behaved in 2008 to pretend that there were boxes in Namushakande which were coming when in fact not,”
Nawakwi said.
“Whoever is responsible (over the UPG issue), and I beg them, we don’t want post-election conflicts. We do not want to find ourselves outside the borders of this country,” she said.
And Nawakwi said her party would focus on decentralising power in order to get rid of corruption in the public sector.
She said centralisation of powers was what had led to high poverty levels and corruption in the public sector.
Nawakwi said decentralisation would see money going to the districts and decisions will be at local level.
“In our manifesto, to move this country forward, we need a strong and vibrant private sector and this is clearly stated in our manifesto,” Nawakwi said.
She said the exclusion of Zambians form the mainstream economy was what had created poverty.
Nawakwi cited Levy Business Park as an example, where 80 per cent of tenants are foreigners.
Labels: EDITH NAWAKWI, IRENE MAMBILIMA, VOTERIGGING
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Justice Mambilima should redeem herself
By The Post
Sat 20 Aug. 2011, 12:20 CAT
It is clear that there is a big problem with the character and conduct of
both Universal Print Group Limited and the Anti Corruption Commission.
It is clear that Universal Print Group is involved in corrupt practices,
bribery and money laundering.
And it is also clear that the Anti Corruption Commission is trying to cover up all this. These are things that are now firmly in the public domain and no one can claim to have no knowledge of what is going on.
And given what is publicly known about the conduct of Universal Print Group that is today being covered up and laundered by the Anti Corruption Commission, there is no way justice Irene Mambilima, the chairperson of the Electoral Commission of Zambia, her fellow commissioners and her management can claim not to know what is going on and pretend all is well.
They cannot, as Given Lubinda told them, continue to bury their heads in the sand in the ostrich style and fashion.
We have reached a point where justice Mambilima has to own up and admit that something is seriously wrong and call all the key stakeholders to decide how they should proceed on the printing of ballot papers for next month’s elections. Failure to do so will put justice Mambilima and those working with her at the Electoral Commission in problems now and in the future.
It would be unreasonable for justice Mambilima to ignore such a serious development. We say this because it is very clear that there has been poorly executed attempt to cover up the criminality of Universal Print Group. Godfrey Kayukwa, the director general of the Anti Corruption Commission, has been at the centre of it. Rupiah Banda has also tried to lend his word to this cover-up.
The natural question that flows from the behaviour of Kayukwa and Rupiah is this: who else is involved in this cover up? If things stand the way they are, can one reasonably say the Electoral Commission of Zambia is innocent in this cover up? If things remain this way, can justice Mambilima retain her integrity and public trust as a senior judicial officer?
We say this because it is clear that for reasons best known to themselves, it is in the interest of Rupiah and Kayukwa to defend and try to launder criminals. And Rupiah is one of the candidates in next month’s election, who also happens to be the President now. Why is it in his interest to defend criminals? Shouldn’t this matter interest justice Mambilima? Why should the Anti Corruption Commission be telling lies about matters that can be proven?
Justice Mambilima has a duty to run this election in a way that demonstrates that it is not only free and fair but can and should be seen as free and fair. Having a criminal perform the most significant part of our electoral process does not give the impression that this election is free of fraud.
Corrupt people, like those at Universal Print Group, who are also capable of bribery and money laundering, cannot be trusted to perform the duty that they have been entrusted with free from the criminality that Kayukwa is trying to help them hide.
We need to guard against an impression being cemented in the minds of our people that the Electoral Commission takes its instructions from Rupiah and cannot act on an issue based on what common sense, decency and honesty dictate.
Assuming that justice Mambilima did not know what Kayukwa knew when the Electoral Commission of Zambia contracted Universal Print Group, she now knows. She should be in no doubt that Universal Print Group are criminals.
As an honest person, justice Mambilima should also be concerned that these criminals are being defended by Rupiah and Kayukwa. That should cause concern for an honest person trying to do an honest job, a job that should be seen by all to be honest.
Justice Mambilima should be asking herself:
why is Kayukwa covering up the criminality of Universal Print Group? And why is Rupiah defending them? Unless she has good answers to these questions, justice Mambilima has no reason to proceed as she is doing.
It will not be possible for justice Mambilima to run an election that will be seen to be transparent, free and fair without meaningfully addressing the concerns of all the key stakeholders over this issue. And should problems arise as a result of this, it will be very difficult for justice Mambilima to escape blame.
And it will not be wrong to hold her accountable for whatever chaos may follow these elections because she has not tried to address the well-founded concerns being raised by key stakeholders over this issue. We have stated several times that for us to hold free and fair elections, certain conditions have to prevail in our country and in our hearts.
The major players have to agree on all key electoral issues and on the conditions under which our elections would be held. And those in government should not be seen to put those in the opposition at an unfair disadvantage.
There ought to be transparency in the organisation of the elections. As facilitator of the elections, justice Mambilima should ensure that the concerns of all key players are adequately addressed.
She is not doing so, especially over the issue of printing of ballot papers. This is not a recipe for peaceful, free and fair elections. It is clearly a recipe for chaos and anarchy.
We are not in any way underestimating the difficult situation justice Mambilima finds herself in.
The challenge before her is a very difficult one. But things can be made easier for herself if she tries to understand that her role is that of a facilitator and not of the sole owner of our electoral process – she is not the alpha and omega of this process. The success of this process does not solely rest on her but on how she brings all the key stakeholders to participate in and make them own this process.
This challenge can easily be resolved by simply calling all the key stakeholders and telling them that there is a problem with Universal Print Group and seek their indulgence on the way forward. In this way, the burden will be shared by all.
In the words of Thomas Daschle, the National Democratic Institute pre-election assessment group’s co-delegation leader, it is important to improve transparency, enhance inclusiveness and expand accountability surrounding the elections in order to buttress the peace and tranquility that this country has enjoyed. Failing to deal with a divisive issue in a transparent and accountable way will do nothing to add to our peace and stability as a nation.
If nothing else, the dictates of the rule of law demand that justice Mambilima deals with all parties in this election in an even-handed way. And that will require her to summon the best diplomatic skills that she can to deal with the crisis that is brewing over the Universal Print Group ballot paper printing contract.
Rupiah and Kayukwa have not helped justice Mambilima. They have left her in a very awkward position for which she may live to regret having accepted that job for a second time. Kayukwa has literally become an accomplice after the fact to the criminals at Universal Print Group by trying to cover up their crimes.
And if justice Mambilima does not change her approach to this problem, she will soon find herself in the same problem, condition or situation as Kayukwa. The time for justice Mambilima to act and redeem herself from the impending Armageddon is now.
Labels: IRENE MAMBILIMA, VOTERIGGING
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ECZ has engaged a corrupt printer - Lubinda
By Chibaula Silwamba
Fri 05 Aug. 2011, 14:00 CAT
GIVEN Lubinda says the company printing ballot papers for next month’s elections has a record of bribery and corruption. And Lubinda has challenged ECZ chairperson justice Irene Mambilima and Anti Corruption Commission director general Godfrey Kayukwa to explain what they know about corruption involving Universal Print Group (UPG), a South African firm engaged to print ballot papers.
In an interview yesterday, Lubinda - who is opposition Patriotic Front member of the central committee - said UPG had a proven record of corrupting public officers in its bid to get contracts from the Electoral Commission of Zambia.
“It’s extremely scandalous for us as a country to engage a South African company which has a well known and well established record of corruption. I would like to ask the director general of the ACC Mr Godfrey Kayukwa to come out in the open,” Lubinda said.
“What does he know about the previous conduct of this company?” said Lubinda, who is chairperson of African Parliamentarians Network Against Corruption (APNAC) and immediate past member of parliament for Kabwata.
“Is Kayukwa telling the country that he, as director general of the Anti Corruption Commission, is not aware of the fact that Universal Print Group of South Africa has been in the past involved in corrupt practices?
Is he not aware that this UPG company has matters hinging on corrupting public officers to get contracts with ECZ? I challenge Mr Kayukwa to come out open on this matter. Can he tell the Zambians what he personally knows about this and what the Anti Corruption Commission knows about this company?”
Lubinda appealed to justice Mambilima to tell the nation what she knows about UPG and its involvement in corrupt practices. He demanded to know who conducted the due diligence investigation on UPG before it was awarded the contract to print ballot papers.
“One wonders why the ECZ and government are insisting on having ballot papers printed in South Africa and why are they insisting that the ballot papers be printed by UPG,” Lubinda said.
“I would like to request justice Mambilima and Mr Kayukwa to be categorical and deny that UPG have never been engaged in corruption in Zambia.”
Lubinda said the ECZ’s insistence on using UPG was sowing seeds for a disaster in Zambia.
“We can’t accept a company with a proven corruption record to be involved in any part of our electoral process. For the sake of good order, conducting acceptable elections, continued peace and harmony in our country, I would like to appeal to the ACC chief to explain to the public all that he knows about UPG and I am sure that judge Mambilima being Supreme Court judge and Deputy Chief Justice, she too, has the interest of Zambia at heart and she will not hesitate to tell the Zambian people what she knows about UPG,” Lubinda said.
“Probably, the former chairperson of ECZ judge Florence Mumba and former director general Dan Kalale might also have a word to say on UPG. Can this matter be rested before ballot papers are printed?”
Lubinda said the conduct of general elections in any democratic country was a very serious affair and required to be given due attention by all stakeholders. He said state institutions like the ACC must ensure that the outcome of the elections was the reflection of the will of the people.
He said the ECZ and government’s insistence to have ballot papers for this year’s elections printed in South Africa raised more questions than answers.
“The process that was used to identify the company that was awarded the contract also raises many questions. It is very shameful for us as a country, which is 47 years old, and has conducted elections every five years since 1964 to be debating about printing the ballot papers abroad,” said Lubinda.
But when contacted for comment yesterday, Kayukwa responded:
“Just put it in writing because I will have to research and look at it. I can’t answer on the phone like this. I normally answer written queries; they are easier to deal with. I don’t even know what Mr Lubinda has said. Tell us what he has said and if there is need then we can comment on it.”
Justice Mambilima could not be reached for comment as she was reportedly in a meeting.
Labels: ACC, ECZ, GIVEN LUBINDA, GODFREY KAYUKWA, IRENE MAMBILIMA, VOTERIGGING
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Mambilima warns presidential aspirants against making false declarations on their parents’ origins
By Patson Chilemba
Fri 05 Aug. 2011, 14:00 CAT
ANY presidential aspirant who makes a false declaration on the birth place or descent of their parents should know the consequences of their action, ECZ chairperson justice Ireen Mambilima has warned.
And PF leader Michael Sata said all the presidential aspirants were not equal with regard to observing the Electoral Code of Conduct because President Rupiah Banda could corrupt and get away with it since he enjoyed immunity from prosecution.
During a closed door meeting between the Electoral Commission of Zambia and all the presidential aspirants in this year’s general elections who included President Banda, Sata, Tilyenji Kaunda, Hakainde Hichilema, Brigadier General Godfrey Miyanda among others, justice Mambilima, in response to ADD president Charles Milupi who wanted to find out how the ECZ would ensure that the constitutional requirement requiring presidential aspirant’s parents to be Zambian citizens by birth or descent, said there should be strict adherence to the constitutional provisions.
“If you heard Mr Kamwi ECZ official, when he was talking, the declaration must come from you presidential aspirants that both your parents are Zambians, by birth or descent. That declaration must be made by the candidate. And if you make a false declaration you know the consequences,” justice Mambilima said. “So we expect that…it’s a valid observation.”
In his contribution, Milupi sought assurance from the ECZ on how they would handle the subject of strict adherence to the constitutional requirement pertaining to proof of parental citizenship.
“Article 20 clause 3b is very specific. It does not talk about the parents of the candidate being citizens of this country. It talks about specific citizenship, that is by birth or by descent. I want to get your comment as to what the commission is going to do to ensure that this particular requirement is complied with,” asked Milupi as others applauded.
Milupi also sought assurance from justice Mambilima on how all the presidential aspirants would have access, especially to the public media since the government-controlled media was more of a propaganda machinery for the ruling MMD. Milupi further inquired how the ECZ would ensure strict adherence to the Electoral Code of Conduct, especially with corrupt practices such as the distribution of materials that were not allowed under the Code.
“I have experience in this, madam chairperson, where the last by-election which I participated in, in Luena hippos were killed, buffaloes. People fed prior to the day before the elections,” he said.
Responding to the issues raised by Milupi, justice Mambilima said the ECZ had engaged the state-owned and government-controlled Zambia National Broadcasting Corporation (ZNBC), saying each party was entitled to 30 minutes advert time per week according to the Code.
She said the electoral Act was very clear about corruption and vote buying, saying all those were criminal offences and urged political leaders to take a lead in observing the Code.
“Let’s not have a game of hide and seek and ‘as long as no one is looking I can get away with this or that’. As a commission we can only report to the police,” she said.
Thereafter, ECZ spokesperson Chris Akufuna took the floor and drew the participants’ attention to the programme, but Sata had an observation to make.
“I don’t know what you are standing there for because the chairman said something which I wanted to contribute on. Every time I stand, you are interrupting me. Can you tell us who has sent you there?” said Sata as justice Mambilima chipped in: “Yes you can add president Sata.”
Sata said the presidential aspirants who met at Mulungushi International Conference Centre on Wednesday were not equal with regards to observing the Code.
“There are others who have immunity, so they can corrupt,” Sata said, in apparent reference to President Banda.
“The rest of us have no immunity so you find on that basis, there is nothing you can do madam, because we understand your predicament. We understand the predicament of the ECZ. All we need is morality as Gen Miyanda said. This is our country.”
In response, justice Mambilima said the Code applied to everybody.
“So please the point raised that it’s the morality, let’s comply with the Code of Conduct. It’s our document,” said justice Mambilima.
Gen Miyanda said some newspapers which did not have addresses should be removed from the streets.
Labels: CONSTITUTION, ECZ, IRENE MAMBILIMA, MICHAEL SATA, PRESIDENCY, RUPIAH BANDA
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Insistence to print ballot papers in SA is scheme to rig - Nawakwi
By Chibaula Silwamba
Sun 31 July 2011, 14:00 CAT
ECZ and the government’s insistence on printing ballot papers in South Africa is a scheme to rig elections, says Edith Nawakwi.
Commenting on the Electoral Commission of Zambia’s (ECZ) engagement of a South African firm to print ballot papers despite public disapproval, Forum for Democracy and Development president Nawakwi demanded that the ballot papers for the September 20 presidential, parliamentary and local government elections must be printed in Zambia.
“The only reason they want to print in South Africa is that they want to print extra ballot papers, some pre-marked, and rig. It’s a scheme for rigging. And they found it that it works, so they are comfortable,” Nawakwi said.
Nawakwi explained that just before justice Florence Mumba was unceremoniously hounded out of office as ECZ chairperson a few months ago, she had called for a meeting with all stakeholders.
“At that meeting, Michael Mabenga was representing MMD and a number of us. The purpose of that meeting was that justice Mumba wanted us to tour the Government Printers after the installation of printing equipment from China for the opposition and the ruling party to ascertain whether the printing machine and the environment was conducive for printing ballot papers,” Nawakwi said.
“I asked her that ‘are you satisfied because you will be Government Printers’ customer?’ She said ‘I can’t comment but we want you all stakeholders to tell us whether we can print ballot papers locally. You go and ask those people at Government Printers’.”
Nawakwi said the stakeholders were told that there was new equipment at Government Printers.
“The purpose of that briefing was that they had sufficient preparations and they just wanted an ‘ok!’ from us so that they could go ahead and print from Government Printers,” Nawakwi said.
“Those that went there on that tour decided that ‘yes, Government Printers was ok but what they needed was a bit more security’.”
Nawakwi expressed discomfort with justice Mumba’s predecessor-turned-successor, justice Irene Mambilima, whom she described as “a government friendly” person for supporting the MMD’s position that it was not possible to print ballot papers locally.
She said justice Mambilima must not think Zambians were senile and with short memory.
“They ECZ and government take us like we have no brains and we don’t think. They show us a facility and a few weeks later they think we have forgotten. Zambians are not senile. Why didn’t the ECZ tell us three months ago that government is refusing to give them funding for repairing printing equipment at Government Printers,” Nawakwi said.
“Rupiah says there is a lot of money. Even this week they were announcing that they are pouring some money into roads. It’s not true that there is no money.”
Nawakwi said political parties must have addressed the contentious issues before elections but President Banda was being elusive.
“We can’t go in the elections with these hot tempers and divisions. We are going to cause crisis in this country,” Nawakwi warned.
She said there were many high quality printing firms in Zambia that could do the job of printing ballot papers.
“If Government Printers is not safe, let us go to New Horizon or Printech. They print books and everything, they are actually far much better than the South African junk. Banks are printing their materials at Printech and Horizon, so let us use those two printers,” Nawakwi said.
“One facility will be for parliamentary and local government ballot papers while other will be for presidential ballot papers.”
She said printing ballot papers locally would end the impasse on the matter and save Zambians a lot of money.
“People are printing T-shirts, cheque books, laminated posters, labels for all the products, and these companies are printing high quality products. So what is so special about the ballot paper? Justice Mambilima should tell me what is so special about that ballot paper,” said Nawakwi.
Justice Mambilima has admitted that printing ballot papers in South Africa was a nightmare.
Labels: ECZ, EDITH NAWAKWI, IRENE MAMBILIMA, VOTERIGGING
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Printing of ballot papers in SA is a nightmare - Mambilima
By Kombe Chimpinde
Fri 29 July 2011, 14:00 CAT
PRINTING of ballot papers in South Africa is a logistical nightmare for the Electoral Commission of Zambia (ECZ), says Justice Irene Mambilima.
Justice Mambilima, who is ECZ chairperson, said in an interview that it was the wish of the commission to have the ballot papers printed in Zambia, but it could not do so because government had thrown away the idea of having ballot papers printed in Zambia.
“The bottom line is that government told us that government printer, was unable to print. They said so themselves to us,” justice Mambilima said.
“We (ECZ) do not wish to go to South Africa because it is a logistical nightmare for us to go to South Africa. We have to carry political party agents. We have to carry all other stakeholders. If it is done locally it is easier. But we were informed that they had no capacity.”
Justice Mambilima said it was their wish and that of the majority stakeholders to have the ballot papers printed locally, stressing that it could not however sit idle and wait until it was too late.
“Government printers through the government threw in the towel. As an institution being responsible for conducting elections, we cannot just sit back, we have to have ballot papers for the election hence the tender that we floated. We were engaged with government from last year. We cannot force government printers to print ballot papers locally,” justice Mambilima said.
She disclosed that she had been told that all stakeholders were informed over ECZs’ decision to print the ballot papers in South Africa.
“So, I don’t know, it’s not correct to say people were not consulted, but if they were not consulted then we (ECZ) can only apologise but what we have on our records is that this issue was raised with stakeholder meetings,” she said.
Justice Mambilima said the commission had budgeted about K24 billion to K27 billion for the printing of ballot papers, but that the actual cost would be known once the contract with South African Universal Company is finalised.
And ECZ direct Priscilla Isaacs dismissed suspicions over the security surrounding the printing of ballot papers.
“We afford stakeholders an opportunity to observe printing of ballots, this includes a representative of the candidates all of whom were represented in 2008,” Isaacs said.
“All the security measures are in place to ensure that there is no tempering with the ballot papers so there will be no question of having extra or pre marked ballot papers. It is for or this very reason that the ECZ takes it upon itself to sponsor representatives from various stakeholders groups to be present through the printing of ballots up to the packing and loading and shipped to Zambia. So it is up to the political parties to appoint a credible person to monitor the process.”
Isaacs said ECZ was confident that it would not face any security challenges with the company contracted to print ballots in that it this was not the first time that the company was printing ballot papers.
“It is well known to stakeholders that UniPrint (Universal print) printed our 2008 and 2006 ballot papers. We did not experience any problems of incompetence with them. If we did we would not be going back,” said Isaacs.
And justice Mambilima said the ECZ will tomorrow (today) release an electoral time table following the announcement of the elections date by President Rupiah Banda.
“We are going to publish time table which sets out now when nominations will be,” she said.
Meanwhile justice Mambilima told traditional leaders at a stakeholders meeting yesterday that they had a critical role to play in the country’s electoral process.
She said the commission was worried with the continued public endorsements of political leaders and denouncements of others by traditional leaders.
“This has raised concerns in some quarters of the society. The question has been whether it is within the law for traditional leaders to make those pronouncements. Others have questioned our position on the matter. It is my considerable view that upon deliberating on the topics for today, we will find the answer to the question,” said justice Mambilima.
Earlier, House of Chiefs chairperson chief Madzimawe urged all the traditional leaders to sensitise the public on the need to uphold the Electoral Code of Conduct before and during elections.
Labels: 2011 ELECTIONS, IRENE MAMBILIMA
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Where is justice Mambilima on PVT?
By The Post
Sat 26 Mar. 2011, 04:00 CAT
The position taken by the Law Association of Zambia on the ongoing debate about the use of parallel vote tabulation raises some very interesting questions for Rupiah Banda and his friends.
Rupiah has been on a campaign to criminalise an innocent, if not very necessary, process of vote tabulation which every political party and civil society organisation that has an interest in an election should engage in. It would be foolish for a political party to participate in a national election and yet fail to keep a close tally of results as they are being declared.
This probably has been one of the major failings of political parties in our country. They have failed to mobilise enough human resource to man every polling station to ensure that they follow every result that is declared. Even the MMD as a party, if truth be told, has failed to create the capacity that allows them to monitor the result at every station.
What helps the MMD is that they commandeer public officers, including election officials, and turn them into their election agents. It is a fact that the greater part of our election process is managed by officers from the Ministry of Local Government and Ministry of Home Affairs. The Electoral Commission of Zambia is very small and doesn’t have enough staff of its own to manage elections and therefore relies heavily on staff from these two ministries – some of them strategically placed there long in advance for the purpose of elections.
Against this background, we are not surprised that Rupiah is very jittery about the opposition creating a system that gives them a significantly higher access to election results and information than has been the case in previous elections. Suddenly, the MMD will not be the only party that will monitor trends across the country. There is no wiggle room left for them to do as they please with results as they play around with the emotions of our people. This is what they have done in the past. They have tried to manage the flow of results in a way that has left our people wondering what was happening. It will be difficult for them to do what they have done in the past. In the last election for instance, results from an area as close as Chibombo were so late that one was left wondering what was going on.
Rupiah and his friends seem to forget that our people have developed an entrenched belief that the government always rigs election results. This is an unhealthy development in our country, something that they should be working to change. The only way that this change can be achieved is to ensure that as much information as is practically possible is given to the public.
In other words, there has to be high levels of transparency in the process. It is only in this way that we will begin to mend the damage that has been done to our people’s confidence in the electoral process. It must be a matter of high concern to all of us that election results are made acceptable to everybody, losers and winners alike. The reason for this is simple.
If people stop believing the authenticity of election results, they will lose confidence in democracy as we practice it and find other ways of expressing their opinion about how they are governed. In some countries, this has led to civil war and other types of political conflicts.
We hope that Rupiah and his friends will respect the opinion of the Law Association of Zambia and allow all citizens and other election observers interested in carrying out parallel vote tabulation to do so without hindrance.
This is a welcome advice from the Law Association of Zambia, albeit it being late. This is a matter the Law Association of Zambia should have jumped into very early. We say this because it is important for organisations such as the Law Association of Zambia to enter the debate of such issues in a way that does not begin to suggest that they are weighing the partisan impact of their opinion. The Law Association of Zambia should simply state the law as it is.
Surely, it should not have waited while Rupiah made threats of criminal sanctions repeatedly on a matter that is very straightforward from a legal perspective. Why did they allow Rupiah to make a fool of himself on such a straightforward legal matter? But maybe we also need to question the professional independence of Rupiah’s Attorney General. Where was he when his boss was threatening people with non-existent criminal offences? That said, it is good that the Law Association of Zambia has come out clearly on this matter.
But there is a lesson here that needs to be driven home. Professionals should be professionals. Right should be right and wrong should he wrong. Rupiah is wrong about parallel vote tabulation and so is George Kunda. And when that happens, the people who have a responsibility to the public to tell them what the position is should do so quickly without fear or favour. This issue also falls squarely in the lap of justice Ireen Mambilima, the chairperson of the Electoral Commission of Zambia. Why should she allow the government to issue statements that cause alarm and give people an impression that there is an intention to rig elections? All that justice Mambilima should have done is to come out clearly on this matter as quickly as possible. In this way, the confidence of the public in her office will be raised and we will all benefit from an increased confidence in the election results. Justice Mambilima’s silence on a matter that has generated so much public debate raises questions about the independence of her institutions. The public statements that have been made by the Electoral Commission of Zambia have left all of us wondering what they are trying to say. They seem to be walking on egg shells. Why? If they are independent facilitators or managers of elections, they should be clear about matters that affect the conduct of elections in a credible way so that all of us know where they stand on a particular issue. Trying to walk a tightrope leaves them looking like they will do anything to please those in power, those in control of government.
All those who watch sporting contests know that today almost in every sport, the results are tabulated and beamed on a billboard so that everybody knows what is happening. Cricket, football, rugby, basketball, volleyball, golf and many other sports, scores are tabulated as the contest progresses. Even at the Olympics, the medals are tabulated as the events progress. It is only this type of transparency that will enhance people’s confidence in the results that emerge from our elections.
The Law Association of Zambia has spoken and given guidance; where is the Electoral Commission of Zambia on this matter? Justice Mambilima should explain to the Zambian people why they should trust a secretive management of results which only the Electoral Commission of Zambia and those in power control. We challenge the Electoral Commission of Zambia to clearly state its position on vote tabulation as a method of monitoring election results in Zambia.
Labels: IRENE MAMBILIMA, VOTERIGGING
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Zambia still failing to protect women from violence - Mambilima
By Maluba Jere
Thu 10 Mar. 2011, 04:01 CAT
DEPUTY chief justice Ireen Mambilima says Zambia is still failing to protect women and children from various forms of violence.
Speaking when she opened a workshop for lay magistrates on justice, jurisprudence, access and accountability, justice Mambilima (above) said that although some positive strides had been made to empower women economically, a lot still needed to be done.
“While I am aware that there is an anti-gender-based violence bill currently being debated in Parliament, and is almost certainly likely to become law, it is my view that more needs to be done to enhance the protection of women and children's rights and to ensure that they are not exposed to any form of violence,” she said.
Justice Mambilima said there was need to equip adjudicators at all levels with the knowledge and skills to be able to apply human rights law in their courts.
She said this was because adjudicators' courts dealt with a diversity of cases such as rape and other sexual offences, assault, battery and property settlement which, she said, directly involved the violation of human rights.
Justice Mambilima said that apart from violence against women and children, defilement, gender stereotyping, inheritance, succession and HIV and AIDS were among issues that confronted adjudicators, not only in their professional capacity, but as part of Zambian society.
Labels: IRENE MAMBILIMA, WOMEN
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Judge Mambilima goes back to ECZ
By George Chellah in Lusaka and Speedwell Mupuchi in Kitwe
Wed 16 Feb. 2011, 07:10 CAT
PRESIDENT Rupiah Banda has re-appointed deputy chief justice Ireen Mambilima as Electoral Commission of Zambia (ECZ) chairperson. Well-placed sources at the National Assembly yesterday confirmed justice Mambilima’s appointment.
The sources disclosed that the Clerk of the National Assembly had even invited witnesses to testify before the Parliamentary Select Committee.
“Parliamentary Select Committee to scrutinise the Presidential appointments of Madam Justice Ireen Chirwa Mambilima to serve as chairperson of the Electoral Commission of Zambia and Mr Alfred Kangwa Kaweza and Mr Davies Jose Mwanza to serve as Commissioners of the Commission for Investigations,” read the Clerk of the National Assembly’s letter in part.
“I am directed to inform you that His Excellency the President of the Republic of Zambia, Mr Rupiah Bwezani Banda has, subject to ratification by the National Assembly, made the following appointments; 1. In accordance with section 4(3) and (4) of the Electoral Commission of Zambia Act, Cap 17 of the Laws of Zambia, the President has appointed Madam Justice Ireen Chirwa Mambilima to serve as chairperson of the Electoral Commission of Zambia;
“2. In accordance with section 4(1) and (2) of the Commission for Investigations Act, Cap. 39 of the Laws of Zambia, the President has appointed Mr Alfred Kwanga Kaweza and Mr Davies Jose Mwanza to serve as Commissioners of the Commission for Investigations. In order to assist the committee in its scrutiny of the appointees, you are requested to furnish the Committee with background information on the suitability of the appointees to serve in the positions they have been proposed for appointment.”
And according to well placed sources who attended the meeting between President Banda and the Council of Churches in Zambia (CCZ) on Saturday at State House, justice Mambilima had accepted the re-appointment as ECZ chairperson.
President Banda told the church leaders who sought to be addressed on the situation at ECZ that Chief Justice Ernest Sakala had also agreed to have justice Mambilima move to ECZ.
“He President Banda also said that Dan Kalale is not coming back, that ‘we’ve let him go but he will get his benefits’. They will bring back Mambilima because time is too short for a new person. Mambilima will have to run the commission for a year and that she has experience,” one of the sources said.
The source said the President informed CCZ leaders that judge Mambilima’s appointment awaited the resumption of Parliament sittings for ratification.
Justice Florence Mumba resigned as chairperson of ECZ at the height of controversy following the suspension of Dan Kalale as director.
Labels: ECZ, IRENE MAMBILIMA
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Mambilima urges judiciary to enhance adjudicators’ capabilities
By Abigail Chaponda in Ndola
Wed 09 June 2010, 08:10 CAT
DEPUTY Chief Justice Irene Mambilima has said the judiciary must continually enhance the capabilities, knowledge and skills of its adjudicators at all levels through training if it has to dispense quality and timely justice.
Officiating at the workshop on justice, jurisprudence, access and accountability in Zambia (JJAAZ) programme conducted for professional magistrates under the jurisprudence of equality programme (JEP) at Mukuba Hotel in Ndola yesterday, justice Mambilima said it was incumbent upon the judiciary to provide adjudicators with the skills and training they need to effectively deal with international treaties at the domestics levels especially those to which Zambia is a signatory.
“Because of the growing realisations that adjudicators need to be able to adequately apply human rights laws in their courts, it has been felt that judges of the Supreme courts, High courts and Industrial Relations Court and more magistrates need to be under the JEP,” she said.
“I have often stated that training and continued education are necessary to maintain efficient and informed adjudicators, and I wish to take this opportunity to reiterate those words. Times are changing and adjudicators in Zambia are working in an environment in which there is increasing public scrutiny of the quality of our work and the furtherance of human rights in our courts of law.”
Justice Mambilima said society expected skilled and informed adjudicators committed to equal justice and the rule of law.
“JEP training focuses on human rights, with emphasis on women and children’s rights, but its stated goal is access to justice for all. The ultimate objective of this programme is to equip adjudicators with the knowledge and skills required to resolve cases involving discrimination and or violence against women, in accordance with principals enshrined in international and regional human rights legal instruments,” she said.
She said in Zambia, JEP had a special focus on victims of property grabbing and gender violence who in most cases were women and children.
Justice Mambilima said the International Association of Women Judges (IAWJ) and the Zambia Association of Women judges both held the principle of the guarantee of women’s rights very dear.
“Adjudicators must while adhering to international legal principles also be equipped to deal with matters contextually, as what may be best practiced in one jurisdiction may not necessarily be appropriate in a Zambian setting,” she said.
“This is where it becomes crucial for adjudicators, as final arbiters on the contents and value of human rights, to be armed with the relevant knowledge and skills to enable them to effectively interpret these rights for the benefit of litigants appearing before them. Let me also borrow a frequently-used phrase in legal parlance namely that there is no substitute for quality.”
Justice Mambilima also said the Zambia Association of Women Judges and the judiciary were becoming increasingly concerned that attempts to curb defilement cases and despicable offences seem to be yielding little fruits.
“We simply cannot afford to deprive the children of Zambia of a happy and safe childhood. Human beings were not designed like beasts and should behave as such. It is my fervent prayer, hope and expectation that adjudicators in this country use their knowledge, skills and jurisdiction to get rid our society of this evil, unacceptable and positively wicked practice,” she said.
Justice Mambilima noted with sadness both as an adjudicator and a woman that Zambia still seemed not to be faring well on the question of women and children suffering various forms of violence.
Labels: IRENE MAMBILIMA, JUDICIARY
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TIZ calls for Dora to step aside
Written by George Chellah
Saturday, February 21, 2009 6:55:04 AM
TRANSPARENCY International Zambia (TIZ) yesterday demanded that communications and transport minister Dora Siliya step aside so that she does not interfere with potential tribunal witnesses. And President Rupiah Banda has welcomed the setting up of a tribunal by Acting Chief Justice Ireen Mambilima to probe the allegations levelled against Siliya.
Commenting on President Banda's decision to welcome the setting up of the tribunal to probe Siliya, TIZ executive director Goodwell Lungu stressed the need for Siliya to be relieved of her ministerial duties to pave way for the tribunal.
"The best is for her [Siliya] to step aside, even to go on leave, so that there is no interference with witnesses in this matter and also maybe the President must suspend her or something just to facilitate for the tribunal to be smooth running," Lungu said.
"It's actually good that the President has accepted the setting up of the tribunal. We are appealing to Honourable Siliya that we don't hate her, we actually like her so much. What we want is for her to use this process to clear her name if she knows that she is innocent."
Lungu advised President Banda to emulate the late president Levy Mwanawasa when dealing with matters of suspected abuse of office and corruption.
"The President has to be firm when such allegations are raised. When serious allegations are raised, he has to take appropriate action just like his predecessor Mwanawasa used to do because he [Mwanawasa] never used to take such allegations lightly," Lungu said.
And according to a statement issued yesterday by State House chief analyst for press and public relations Dickson Jere, President Banda had welcomed the setting up of a tribunal by Justice Mambilima to probe the allegations levelled against Siliya.
President Banda said it was his hope that all those involved in the ongoing debate would allow the tribunal established under the Ministerial and Parliamentary Code of Conduct to conduct its work in a professional manner.
President Banda has since written to the Acting Chief Justice Mambilima informing her that he has instructed the Secretary to the Treasury to make financial provisions for the tribunal's operations.
"I wish to say that I am happy that the tribunal has been constituted and I am confident that justice will prevail," President Banda stated in his letter to Justice Mambilima.
He appealed to all Zambians to refrain from making comments which could be prejudicial on the matter as it was now before a competent tribunal.
President Banda said the nation should wait for the final verdict of the tribunal after conducting its proceedings.
Last Monday, former communications and transport minister William Harrington petitioned the Chief Justice to appoint a tribunal to investigate Siliya for allegedly breaching the Parliamentary and Ministerial Code of Conduct Act.
Harrington submitted the complaint in a letter dated February 16, 2009 to Acting Chief Justice Mambilima on the alleged breach of Part II of the Parliamentary and Ministerial Code of Conduct Act, Cap 16 of the Laws of Zambia by Siliya.
"The particulars of the alleged breaches are as hereunder: That the Honourable Minister of Transport and Communications against professional advice of the learned Attorney General did award a contract in the sum of US $2,000,000 to RP Capital Partners of Cayman Islands to value the Zamtel assets without due regard and/or compliance with the provisions of the Zambia National Tender Board Act, Cap 394 of the Laws of Zambia," read Harrington's letter in part.
"That the Honourable Minister of Transport and Communications did arbitrarily cancel a duly awarded contract by the Zambia National Tender Board (ZNTB) for the supply, delivery and installation of a Zambia Air Traffic Management Surveillance Radar System at Lusaka and Livingstone in favour of SELEX Sistemi Integrati Company from Italy. The ZNTB had awarded the contract to Thales Air Systems of South Africa as the successful bidder."
And on Wednesday, 10 civil society organisations also presented a petition before Justice Mambilima over abuse of authority of office allegations involving Siliya.
Addressing the press shortly after presenting the petition, FODEP president Elijah Rubvuta said civil society organisations had presented their petition over Siliya's engagement of RP Capital Partners of Cayman Island to value Zamtel; the overruling of Zambia National Tender Board and cancelling a duly awarded contract for the supply, delivery, installation and commissioning of a Zambia Air Traffic Management Surveillance Radar System (ZATM-RADAR) at Lusaka and Livingstone international airports and her alleged claim of a K12.5 million refund from Petauke District Council Committee for two hand pumps for two boreholes in one of the wards called Nyika, when in fact the hand pumps were procured at K5 million.
Labels: CORRUPTION, DORA SILIYA, GOODWELL LUNGU, IRENE MAMBILIMA, PRIVATISATION, TIZ, ZAMTEL
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Mambilima to set up tribunal for Dora
Written by Agness Changala, Mutale Kapekele and Patson Chilemba
Friday, February 20, 2009 6:37:20 PM
ACTING Chief Justice Ireen Mambilima is to set up a tribunal to investigate communications and transport minister Dora Siliya's alleged abuse of office.
In an interview yesterday, Registrar of the High Court and Director of Court Operations Mwamba Chanda disclosed that justice Mambilima had written to President Rupiah Banda and Speaker of the National Assembly Amusaa Mwanamwambwa over the tribunal to be set up.
"Since we received the petitions and I have also seen in your paper, what I have to say is that the acting Chief Justice Mambilima has written to the President and Speaker to notify them of the same tribunal to be set," she said.
Chanda said everything was being put in place in accordance with the provision of the Act of Section 15 of the parliamentary and Ministerial Code of Conduct.
"The provision of the Act of Section 15 of the Parliamentary and Ministerial Code of Conduct states that any fees and remunerations or expenses payable in respect of tribunal under this Act shall be paid out of money appropriated by that purpose," Chanda said.
She said with this Act in place, they were also consulting Ministry of Finance and National Planning to assist with logistics and other expenses required.
Asked when exactly the tribunal would be set up, Chanda said they would inform the nation as soon as they finalised with the logistics.
"Very soon it will be set up because we have done quite a number of things and I am sure by next week, we will have some information for you," Chanda said.
On Wednesday, ten civil society organisations presented a petition to Justice Mambilima at the Supreme Court to set up a tribunal to probe alleged abuse of office involving Siliya.
The organisations presented their petition over Siliya's engagement of RP Capital Partners of Cayman Island to value Zamtel at a contract sum of US$2 million [about K10.3 billion] with total disregard of advice from the Attorney General's office; the overruling of Zambia National Tender Board and cancelling a duly awarded contract for the supply, delivery, installation and commissioning of a Zambia Air Traffic Management Surveillance Radar System (ZATM-RADAR) at Lusaka and Livingstone international airports and her alleged claim of a K12.5 million refund from Petauke District Council Committee for two hand pumps for two boreholes in one of the wards called Nyika, when in fact the hand pumps were procured at K5 million.
On Monday, former communications minister William Harrington petitioned the Chief Justice to appoint a tribunal to investigate Siliya for allegedly breaching the parliamentary and ministerial code of conduct Act.
And Harrington confirmed receipt of a letter from Justice Mambilima over the petition he presented before her to set up a tribunal to probe Siliya's alleged abuse of office.
Harrington said he was thankful that Justice Mambilima had discharged her duties honourably and with respect to the Constitution of Zambia and the relevant law.
"So with this development it is my sincere hope and prayer that no one will find a need to express himself or themselves at any fora or through any fora or media and they should patiently wait for the appointment of a tribunal by the Honourable Chief Justice to which they should now make their submissions and produce their evidences," Harrington said.
Justice Mambilima in her response to Harrington's letter stated: "I write to acknowledge receipt of your letter of 16th February, 2009. I have written to notify His Excellency the President and the Hon. Mr Speaker, of my intention to appoint a tribunal to probe allegations brought out in your letter of complaint. This will be done as soon as logistics are in place and the members selected."
And Transparency International Zambia (TIZ) executive director Goodwell Lungu welcomed the plans to set up a tribunal, saying the body would help Siliya to clear her name.
Lungu said the tribunal would also accord an opportunity for the country to use its laws.
"This is an opportunity for our Honourable minister [Siliya] to clear her name," he said. "This will also make our leaders to account for their actions."
Lungu also appealed to those who would make submissions to the tribunal to be truthful.
"We don't want wrong things to be promulgated at the tribunal," Lungu said. "We should all stick to the truth and present the facts as they are for justice to prevail."
And Patriotic Front (PF) president Michael Sata said Justice Mambilima had no option but to set up a tribunal to probe corruption allegations involving Siliya.
Sata said no manoeuvres aimed at stopping the establishment of the tribunal by anyone including President Banda and his friends would work.
"Whatever they try to do, the law does not give the Chief Justice any discretion. So whatsoever [Vice-President George] Kunda can do, the law is very clear. Therefore the Chief Justice has no option unless she wants her name to be brought into ridicule," Sata said.
"On my petition case she can have a choice but on this one she has no choice. Whoever is there, whether [Chief Justice Ernest] Sakala or [deputy Chief Justice Irene] Mambilima, that doesn't give them any discretion."ata further said the tribunal, which would be set up should be impartial both in name and deed.
Labels: COURTS, DORA SILIYA, IRENE MAMBILIMA
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Acting Chief Justice to set up a tribunal to probe Siliya
February 19, 2009
Acting Chief Justice, Ireen Mambilima, is to set up a tribunal to probe the awarding of contracts to two foreign firms by Transport and Communications Minister, Dora Siliya.
One firm is supposed to evaluate assets of ZAMTEL, while the other is expected to install a Zambia Air Traffic Management Surveillance Radar System at Lusaka and Livingstone international airports.
Justice Mambilima has written to President, Rupiah Banda, notifying him of her intention to appoint a tribunal to probe Ms Siliya.
Justice Mambilima has also written to speaker of the national assembly, Amusaa Mwanamwambwa, on the same matter.
She says the tribunal will be set up as soon as logistics are put in place.
This is contained in a letter to former Transport and Communications minister, William Harrington, dated February 18th 2009, and made available to ZNBC News.
Mr. Harrington petitioned Justice Mambilima to constitute a tribunal to probe recent reports indicating that Ms Siliya had awarded contracts to two firms, without following laid down rules.
And Mr. Harrington says the public should now avoid making comments on the matter and allow an independent and competent body to do its work.
In his petition, Mr. Harrington alleged that Ms. Siliya breached the Parliamentary and Ministerial Code of Conduct Act when awarding the contracts in question
/ZNBC/NEWS
Labels: CORRUPTION, DORA SILIYA, IRENE MAMBILIMA, PRIVATISATION, ZAMTEL
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Sata welcomes Mambilima's appointment as D/Chief Justice
By Lambwe Kachali
Friday March 21, 2008 [03:00]
Justice Ireen Mambilima deserves to be appointed Deputy Chief Justice because she is not a manipulator, Patriotic Front (PF) president Michael Sata has said. In an interview yesterday, Sata welcomed the appointment and ratification of Electoral Commission of Zambia (ECZ) chairperson justice Mambilima as Deputy Chief Justice, saying she was a competent woman.
Sata said although he was frustrated at the outcome of the 2006 presidential elections results, justice Mambilima did not play a big role in manipulating the elections but the government that did through what he called “impoverished electoral agents”.
He said it was sad that justice Mambilima, despite her efforts, had left ECZ without restoring the lost confidence in the institution. Sata said people, especially the opposition parties, should not blame justice Mambilima over ECZ’s failures but should instead condemn the entire structural composition.
Sata said PF would continue to fight to have an independent ECZ that is not controlled by the government machinery in discharging its functions. He said the last presidential election results indicated that there was little or no hand from justice Mambilima.
Sata said if justice Mambilima did manipulate the election results, PF and opposition UPND could not have scooped such large numbers of parliamentary seats.
“Because if you look at constituencies PF lost, most of them are in rural areas. For instance, Chiengi, Chama North and South, Mambilima constituency, Mansa Central, all these are rural constituencies and justice Mambilima was not there.
So, the MMD government bought councillors, teachers among other polling agents since the salaries of these people are poor and they are easy to corrupt. These are the people to blame,” Sata said.
He said justice Mambilima had again been given a tough job and that Zambians should give her the necessary support in order for her to change the face of the judicial system.
“If it was PF or UPND that won the elections, we would not be saying that justice Mambilima rigged the elections.
But because it is the opposite, we said all sorts of things. You know, it is like a doctor, when a patient is healed, people say ‘that doctor is well trained’ but when patients are dying, all blames are heaped on the doctor. We need to change the way we perceive things,” he said.
Sata said Zambians should fight the government to heed to their calls for an independent electoral commission.
“In my view, both appointees, justice Mambilima and Albert Wood (appointed as puisne judge) are qualified people who deserved such positions and let all Zambians support them,” said Sata.
On Wednesday, Parliament ratified the appointments of justice Mambilima and Wood.
The position of Deputy Chief Justice fell vacant after the death of justice David Lewanika last year.
Labels: ECZ, IRENE MAMBILIMA, SATA
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Mambilima's ratified as deputy chief justice
By Lambwe Kachali
Thursday March 20, 2008 [03:01]
PARLIAMENT yesterday ratified the appointment of Electoral Commission of Zambia (ECZ) chairperson justice Irene Mambilima as deputy Chief Justice. But some opposition members of parliament questioned the appointment of Justice Irene Mambilima saying the timing was bad.
Contributing to the debate of the report of the parliamentary select committee which was appointed to scrutinise the presidential appointment of Mambilima and Albert Woods to serve as deputy chief justice and puisne judge respectively, Roan member of Chishimba Kambwili said the opposition had been vindicated when they said that she (Mambilima) favoured the MMD government in 2006 general elections.
Kambwili said although Mambilima was well qualified and competent to serve that position, her appointment was wrongly timed.
He also expressed concern at the involvement of lawyers during the scrutiny process.
He said the position to which Mambilima had been appointed required independent people to carry out the scrutinisation process and not lawyers who are also part of the judiciary.
“Mr. Speaker, we are just coming from elections where MMD won but people questioned the outcome of those elections.
Sir, barely two years a person who chaired the electoral process is elevated to a higher position. What will the opposition and the country as a whole think?
As for the opposition we feel Justice Mambilima has been paid for rigging the elections in favour of the ruling party,” Kambwili said. “Sir, the opposition is now vindicated for saying that the elections were rigged.”
At this point, local government minister Sylvia Masebo stood on a point of order asking the Speaker of the National Assembly Amusaa Mwanamwambwa if Kambwili was in order to suggest that justice Mambilima had been paid for allegedly rigging the elections.
But Speaker Mwanamwambwa ruled that the executive would be given an opportunity to defend the allegations.
Kambwili further said it was unacceptable for both Chief Justice and the deputy to come from the same province.
He said it would be difficult to root out tribalism in Zambia if such senior appointments were not taken care of.
And committee chairperson Chifumu Banda urged all parliamentarians to support and adopt the report.
Banda said the committee viewed the judiciary as a key institution in promoting good governance.
He said in scrutinising both appointments, the committee took into account the need for the candidates to have the highest levels of competence, eminence, soundness of character, integrity, efficiency, diligence and commitment to the people of Zambia.
“Sir, the nominees also have personal attributes which have given confidence to your committee that they will be able to perform their duties in these important positions with diligence and commitment,” said Banda.
Sinazongwe member of parliament Raphael Muyanda said there was need for justice Mambilima to ensure that the confidence that Zambians had lost in the judicial system was returned.
He said the country had developed a trend of not disposing of cases on time, a situation he described as retrogressive.
Meanwhile, justice minister George Kunda said government supported the ratification of both appointees.
Kunda said justice Mambilima and Wood had risen through many ranks in times when conditions of service were not favourable in the judiciary.
Parliament thereafter ratified their appointments.
The position of deputy chief justice was vacant following the death of David Lewanika
Labels: ECZ, IRENE MAMBILIMA
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