Zambian justice system selective - Mwiimbu
By Moses Kuwema
Thu 23 Jan. 2014, 14:01 CAT
MONZE UPND member of parliament Jack Mwiimbu says the justice system in Zambia is selective.
Speaking when Caritas Zambia officials led by the unit head of programmes Eugene Kabilika appeared before the parliamentary committee on legal affairs which he chairs, on Monday, Mwiimbu (right) said there was selective prosecution of individuals and wondered how justice could be carried out.
"An example I would give is when individuals within the PF say there is a militia within their party, they are not arrested but when others from the opposition say the same thing, they are arrested," said Mwiimbu in an apparent reference to the summoning of the UPND leader Hakainde Hichilema to Woodlands police station following the allegations he made that the PF had sent militias to Kasama to beat up Alliance for a Better Zambia president Frank Bwalya who had travelled to the area.
And Kabilika said it was sad to note that selective justice was being perpetuated in the country where people who committed similar offences were treated differently.
He said the slow pace of the judicial reforms had been a challenge and that there had been no clear road map on where the reforms should start from.
"The judicial reforms are necessary if the country is to enjoy its democracy," said Kabilika.
Labels: CARITAS, JACK MWIIMBU
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Chikwanda to blame for Si 89 - Mpande
By Abel Mboozi, Gift Chanda and Chiwoyu Sinyangwe
Wed 30 Oct. 2013, 14:01 CAT
COMMENT - Team Lunatic 1, Team Sound Minds 0
Prominent people on the Windfall Tax, before the elections. And start prosecuting the former Finance Minister, who kept talking about 'future profits', when he knew very well the extent of tax evasion, including the underdeclaration of profits by the mining corporations. -MrK
THE government will lose income from Kansanshi following the revocation of the Statutory Instrument permitting export of copper ores and concentrates tax-free, says finance minister Alexander Chikwanda.
Meanwhile, Dr Mathias Mpande says Statutory Instrument 89 which allowed mining firms to export concentrates tax-free squarely rests on Chikwanda.
President Michael Sata on Monday directed that SI 89, which suspended 10 per cent export duty on copper ores and concentrates for one year, be reversed.
Chikwanda yesterday appeared before the expanded parliamentary committee on estimates in the company of Secretary to the Treasury Fredson Yamba and finance permanent secretary in charge of budgeting Pamela Chibonga.
Chikwanda said the Ministry of Finance had realigned Statutory Instrument 89 in line with President Sata's directive that it be revoked although the move would result in revenue losses.
This was in response to Monze UPND member of parliament Jack Mwiimbu, who asked Chikwanda to be categorical on whether SI 89 had been revoked in line with President Sata's directive.
Mwiimbu wondered what would happen to stockpiled mineral concentrates since the Chamber of Mines of Zambia last week said Zambia had no capacity to process concentrates as they needed to be commingled to be processed in the three existing smelters in the country.
In response, Chikwanda said: "Honourable Mwiimbu is correct; we have realigned the SI which should have been in force up to next year September. It's a complex issue on concentrates because Kansanshi Mine is building a smelter to process but it will take a year or more to complete and so there will be no income as concentrates will not be processed locally."
Meanwhile, chairperson of the committee, Highvie Hamududu, assured the minister of Parliament's support on such a move once brought to the House.
Chikwanda said the government was aware of such an anomaly where Zambians were not benefiting from their mineral wealth.
Members of the committee also wondered whether the government could consider reintroducing windfall tax, which was a sure way of maximising profits from the mining sector.
Chikwanda, in response, said there was extensive fraudulence in the mining sector, where players were quick in declaring losses even when they had made huge profits.
He said the government could no longer ignore concerns by majority Zambians that the nation was being 'robbed' of its mineral wealth by investors.
"Mines are not renewable like agriculture, and so we need our citizens to benefit more from this sector. We need to come up with a tax that will compel mining houses to pay whether they have made profit or not; that's their own business," Chikwanda said.
"We are reinforced with your views as a Committee. We shall subject this to MPs and we hope it shall be supported. We feel now we have been put under scrutiny over mine taxation.
A member of the committee Kapembwa Simbao said the taxation structure for the mining sector in Zambia favoured mining houses who tended to manipulate profit figures.
Lukulu West MMD member of parliament Dr Christopher Kalila said it was gratifying that Chikwanda and the government were taking ownership of the mines by imposing taxation that would benefit Zambia.
And Dr Mpande, who is also chief Mpande of the Mambwe people of Mbala, said senior ZRA officials were sacrificed over the responsibility that should have been solely absorbed by Chikwanda.
Revoking SI 89, which Chikwanda signed on October 4, President Sata admonished Zambia Revenue Authority commissioner general Berlin Msiska and commissioner of customs Dingani Banda for allegedly advising the finance minister wrongly.
SI 89 reversed the November 2011 decision of the PF government to impose a 10 per cent export duty on copper ores and concentrates.
Commenting on the matter, chief Mpande, a mineral economist and former dean of the School of Mines at the University of Zambia, said Chikwanda misinformed President Sata to believe ZRA misled him into signing the Statutory Instrument.
Chief Mpande, a former deputy minister of mines, was also a lead consultant for the establishment of the Audit Unit for large scale mining at the ZRA.
He is currently a board member of the Zambia Consolidated Copper Mines Investment Holdings (ZCCM-IH), a parastatal which holds shareholding in mining companies on behalf of the government.
Chief Mpande said SI 89 was solely the work of Chikwanda.
"I don't think there was meaningful discussion by the minister with anybody else at Bank of Zambia, ZRA or Ministry of Mines because they could not have supported that legitimately," Dr Mpande said.
"But you know, the Minister of Finance has become so powerful that he can do anything he thinks. He is borrowing money whenever he needs and yet he is allowing concentrates to go at zero tax. I think the minister is lying when he says he acted on advice of ZRA because I know Zambia Revenue Authority sufficiently and fundamentally."
Dr Mpande said senior ZRA officials were sacrificed over responsibility that should have been solely absorbed by Chikwanda.
"I know the Commissioner General Msiska and just last week, he was telling the Parliamentary Committee on estimates that mining sector was not contributing sufficiently to the Treasury and his vision is to raise revenues from the mining sector," he said.
"Msiska is probably the best person you would ever have at ZRA because he is very qualified and experienced. He was employed by International Monetary Fund (IMF) to be in charge of and help IMF improve taxation in Africa. That's how highly rated he is and he was based in Mauritius, which is the foremost advanced financial country in Africa. The PF brought him Msiska back at ZRA to improve revenue collection and improve the expertise, honesty and integrity. So, the minister cannot do that SI with the support of Msiska. So, the minister is not telling the whole truth."
Dr Mpande said if Chikwanda's decision had not been reversed by the President, it would have hurt the country's economy and also aided mining firms to avoid paying taxes to Zambia.
"We are just abetting the dishonesty of the mining companies if we allow them to export concentrates without penalties," he said. "In fact, for me, we should not just impose export duty but we should completely ban the export of ores and concentrates."
Dr Mpande accused Chikwanda of putting the interests of mining firms first at the expense of the country.
"Between the President and the minister, you can tell who is working in the interest of the country," chief Mpande said. "The President did broader consultation and has broader knowledge…it's not the so-called economic education. You don't have to have a degree in finance which the minister says he has. You just need to be sensible; it's about being nationalistic and patriotic. So, you tell him Chikwanda that chief Mpande is in full support of the President's decision."
Chief Mpande also said Chikwanda was pursuing interests of the foreign mining firms at the expense of Zambia.
Dr Mpande also dismissed the arguments that Zambia lacked sufficient refining capacity for copper, accusing mining firms of wanting to siphon minerals out of Zambia by hiding them in concentrates.
He said concentrates were less than 30 per cent processed copper while 70 per cent comprised other minerals that would be exported without taxation or verification.
"If there is no capacity, then they should build their own smelters," chief Mpande said. "After all, Kansanshi is a very rich company. They are exporting more gold than copper. The refinery only costs about US$400 million but at Kansanshi, FQM is making billions of US dollars. So, if there is no capacity to refine their copper, let them reduce their mining. If they are mining but they are not paying tax and not increasing employment, why should they be allowed to do what is wrong to the country economically and financially?"
He said it was not sensible to allow export of concentrates at a time most key mining operations were mechanising and cutting back on employment levels.
"Since we are not benefitting from increased employment because of technological changes, we need employment in our refineries," said Dr Mpande.
"Now people want to export raw materials and the minister thinks he can encourage that? Even those so-called copper concentrates, they comprise cobalt, gold, and many other minerals. So, I don't know the wisdom of the Minister of Finance to encourage that type of exports. It's harmful to the economy and to our fragile infrastructure because raw minerals are sometimes 50 tonnes heavier and then you are exporting them on the roads."
Labels: ALEXANDER CHIKWANDA, CHIEFS, CORRUPTION, FREDSON YAMBA, JACK MWIIMBU, KCM, MATHIAS MPANDE, PAMELA CHIBONGA, STATUTORY INSTRUMENT 89, TAX EVASION
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(LUSAKATIMES) There were some corrupt activities at ZRL involving Clive Chirwa and some board members-Chikwanda
Time Posted: July 18, 2013 8:17 am
MINISTER of Finance Alexander Chikwanda has told Parliament that his ministry is pondering to submit findings of an audit conducted at the Zambia Railways Limited to law enforcement agencies for scrutiny.
Mr Chikwanda says a team of auditors sent to the Zambia Railways Limited has revealed that there are some corrupt activities allegedly involving former chief executive officer Clive Chirwa and some board members.
He was winding up debate on the report of the Public Accounts Committee (PAC) on the report of the Auditor General presented to the House by Chipangali member of Parliament (MP) Vincent Mwale (MMD) on Tuesday evening.
“We have taken appropriate steps, and in some cases we may even refer some of these issues to law enforcement wings…We benefited from the controller of internal audit who looked at Zambia Railways Limited and brought a report,” he said.
Mr Chikwanda said his ministry is reinforcing audit committees because they play an important role in the fight against corruption in parastatal organisations where the scourge is suspected to be taking place.
He said corruption in parastatal bodies and other organisations should be stopped because it is retrogressive.
“One way of getting our country to run better is for us to put our heads together, and where we see impropriety we should condemn it without any reservations,” he said.
Mr Chikwanda said Government is trying to make the offices of the Accountant-General and Controller of Internal Audit in his ministry more effective so that they can detect corruption.
“These offices are independent, and it is important that they should not be fused into each other…the office of Controller of Internal Audit can even watch over the activities of the Accountant-General,” he said.
Mr Chikwanda said because of its work, the PAC has instilled fear into some officers and forced them to do things properly for fear of being summoned to appear before it.
He urged the committee to be firm in executing its tasks, saying public resources should not be abused.
Moving the motion, Mr Mwale said PAC is concerned about financial abuse in government ministries and appealed to the Secretary to the Treasury to tighten regulation.
Monze Central MP Jack Mwiimbu (UPND) said people who abuse public funds should be taken to task and that PAC should be reformed to include other expertise such as law enforcement officers.
Lupososhi MP Chungu Bwalya (PF) said issues raised in the PAC report should be addressed, failure to which the country may continue grappling with them for a long time.
He said the office of Accountant-General should be turned into a constitutional office and that powers of internal controls should be vested in its function.
Katombola MP Derick Livune (UPND) said officers who misapply funds should be dismissed from their jobs to deter intending wrongdoers.
Labels: ALEXANDER CHIKWANDA, CLIVE CHIRWA, CORRUPTION, JACK MWIIMBU, ZAMBIA RAILWAYS
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Corruption is embedded in our society - Chikwanda
By Kabanda Chulu
Thu 18 July 2013, 14:01 CAT
FINANCE minister Alexander Chikwanda says it will not be easy for the government to change things overnight since corruption is embedded in the Zambian society.
And opposition members of parliament have proposed that the Public Accounts Committee (PAC) should have representatives from security wings as permanent witnesses who should take up cases of theft of public resources as highlighted by reports of the Auditor General.
Contributing to debates on the report of the PAC based on the 2011 financial year presented by committee chairperson Vincent Mwale, Chikwanda said the government had started addressing the issues raised in the report.
He said the proposals made should be put on paper to ensure effectiveness of PAC which was doing a commendable role as an oversight institution.
"We were not entirely in charge in 2011, but as a responsible government we have accepted what happened and we are making changes such as not allowing resource spending without procedures. We have also strengthened and made the office of the internal audit controller independent to effectively monitor government expenditure and identify wrongdoing before the Auditor General moves in," Chikwanda said.
"But these reforms take time, and corruption is embedded in our society, it will not be easy to change things overnight because we have to change institutions to suit our style and not eulogising countries where there is no democracy and elections are rigged all the time."
Presenting the report, Mwale said it was unacceptable that reports of the Auditor General have continued to reveal high levels of non-compliance by ministries, provinces and spending agencies.
"There have been marginal improvements in the amounts affected, for example, misappropriated funds reduced from K1.096 trillion in 2010 to K1.060 trillion. Unproductive expenditure should no longer be tolerated. Government should continue implementing measures to ensure that audit queries are completely eliminated," said Mwale.
Seconding the motion, Chama North PF of parliament January Zimba said the government should stop the tendency of non-adherence to accounting procedures by civil servants.
Monze UPND member of parliament Jack Mwiimbu said Parliament would continue being a house of "wailing and lamentation" if those stealing public funds were not dealt with.
"Let us learn from Uganda where security officers sit with PAC and any government officer found wanting is arrested but in Zambia we have officers who live beyond their means, they drive Porsche cars, build mansions, yet we have ACC and DEC, which only targets opposition politicians and journalists," he said.
Senga Hill MMD member of parliament Kapembwa Simbao said it was difficult to understand reforms being undertaken by the government when a consultant cited for wasteful spending of K50 billion at Kasaba Bay airport has been given more projects.
"Despite spending K50 billion out of K63 billion, there is nothing at this project apart from piles of gravel and the consultant was also the contractor which was erroneous since this is only allowable in small projects," he said.
Katombora UPND member of parliament Derek Livune said civil servants were stealing public funds because they knew that nothing would be done to them.
"These people are well qualified but why do we get this highest disorder in managing public funds because in the private sector people lose jobs and are sent to jail over one ngwee," he said.
Lupososhi PF member of parliament Chungu Bwalya said the government should address the loopholes that result in financial irregularities than wait until detected by the Auditor General.
And Mazabuka UPND member of parliament Gary Nkombo said failure to impose punitive measures on erring officers would make the PF government to end up like the MMD.
"PF should leave a legacy as people who tried to put things correctly or will become like MMD which is gone and will not come back, so government should be hard on workers who are tarnishing their name," he said.
But Mumbwa MMD member of parliament Brian Chituwo rose on a point of order asking whether Nkombo was in order to be the " judge and jury".
But Deputy Speaker Mkhondo Lungu ruled that Nkombo should have used 'may not' come back.
Labels: ALEXANDER CHIKWANDA, CORRUPTION, JACK MWIIMBU, PAC
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PF MP urges govt to purge itself of wrongdoers
By Mwala Kalaluka and Ernest Chanda
Thu 11 Oct. 2012, 14:00 CAT
A PF member of parliament says the party has to rid itself of wrongdoers within the government ranks if it is to correct the mistakes made by the MMD.
And former commerce minister Felix Mutati says the MMD is not in a hurry to supplant the PF from office but that
it will seize every opportunity to remind them that they should not make unfulfilled promises.
During debate on President Michael Sata's speech delivered to the House last week, Chilubi PF member of parliament Obby Chisala said on Tuesday that no wrongdoer in the government should be spared.
"Some of us are not privileged to have access to His Excellency the President. Time for us is now to correct the mistakes the MMD made," said Chisala. "Let us not spare any wrongdoer in the government. Let us get rid of them. We only have a few years to go."
Chisala said the wrongdoers should be hounded out because they still harboured hatred against the government.
"We still have some permanent secretaries, directors and other senior government officials who still harbour hatred against our government," said Chisala.
"I urge His Excellency the President that time is now to get rid of these people because some of them are ineffective, corrupt and they want to bring this government down."
Defence deputy minister Davies Mwila said in his contribution that those from the MMD and the UPND that declared that Michael Sata would never be President had today swallowed their words.
"Michael Sata is President and nothing will change that," Mwila said. "Our colleagues the MMD, including the UPND... they told the people of Zambia that Sata will never rule this country."
Mwila said those opposition members of parliament that had declared on the floor of the House that they were not going to work with President Sata and the PF were doing so to their own detriment.
Pambashe PF member of parliament and labour deputy minster Ronald Chitotela said he was very happy to be part of a hardworking government.
"We are not going to subject Zambians to what we went through," said Chitotela.
But Monze UPND member of parliament Jack Mwiimbu said the PF had departed from the principles that it championed together with the UPND when they were in opposition.
Mwiimbu said there were certain core values that both parties believed they would implement once any of them assumed the country's governance.
"While we were together on this side, the PF and ourselves used to lament and pray to the government of the MMD that the rule of law should prevail in this country," he said. "We used to collectively condemn the MMD."
However, some PF members of parliament told Mwiimbu that the issues he was raising were now water under the bridge.
Mwiimbu in response said it was up to the PF to take or ignore the advice from the opposition.
"Our colleagues MMD used to behave the same way you are doing, maybe even worse, and they are on the other side," said Mwiimbu.
And Mutati said the PF had been orbiting away from the reality on the ground since they took over office a year ago.
"Our colleagues in government have been orbiting and they need to come down and deal with the difficult choices," Mutati said. "We on this side are not in a hurry to supplant our colleagues on the other side but we remain anxious and seize the opportunity to restrain our friends from the unwavering propensity of making promises which are unfulfilled."
Mutati said appeasement and consistent change of concepts has never been a long-term investment and that the government should deal with the things that would create jobs whilst focusing on the medium and long-term objectives.
"There is no magical solution, apart from hard work and dealing with things in an orderly manner," said Mutati.
Labels: CORRUPTION, FELIX MUTATI, JACK MWIIMBU, PF
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Nkombo pledges never to work with PF govt
By Kabanda Chulu
Sun 30 Sep. 2012, 09:30 CAT
MAZABUKA UPND member of parliament Garry Nkombo has vowed never to work with President Sata's government because it is intolerant to diverse views.
And gender minister Inonge Wina has advised men who are emotionally stressed and traumatised to come out in the open and seek help.
Contributing to debate on President Sata's address to Parliament, where he offered to work with members of opposition parties, Nkombo, whose statement was continuously interrupted by running commentaries from PF members, said it was good that the Head of State had admitted the lack of expertise among PF members.
"It is good that President Sata has offered to work with the opposition but if the PF government remains intolerant to diverse views, and continues infringing on human rights by unleashing state agents like police on innocent Zambians, and continues applying dictatorial tendencies, then I decline to work with his government," Nkombo said.
"It is sad that the draconian nature of the PF has transcended from the political field into the Church and this compels me not to work with them. If PF wants a one-party state, let them bring a law to Parliament and we shall gladly step aside to do other things."
He said the PF government was quickly helping 'themselves' out of power.
"There is abuse of the public order Act, but people are watching; even when you gag them, subdue the truth, things will still come out. President Sata is a President for all Zambians but personally I didn't swear to be abused by any human being," said Nkombo.
Solwezi Central MMD member of parliament Lucky Mulusa said President Sata's speech missed out an opportunity to rekindle hope in the nation.
"He was supposed to highlight what they have done during the past year and what they hope to do in the coming year with proper indicators so that people can look forward to see changes in their livelihoods," said Mulusa.
And responding to Monze member of parliament Jack Mwiimbu, who asked if it was government position not to condemn violence against men but quickly condemn the vice if the victims were women, Wina said that there were few cases concerning males.
"Also there is complete silence by men but if there are victims, men beaten by their spouses, let them come out and seek help instead of remaining emotionally stressed and traumatised," said Wina.
Labels: GARRY NKOMBO, INONGE WINA, JACK MWIIMBU, PF
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COMMENT - It is time for serious decentralisation to the local government level.
BNC's resolution to secede irresponsible - Scott
By Ernest Chanda and Bright Mukwasa
Wed 28 Mar. 2012, 15:59 CAT
VICE-PRESIDENT Guy Scott says the Barotse National Council's resolution to secede from Zambia is irresponsible and unacceptable. Giving a ministerial statement in the National Assembly today on the resolutions of the Barotse National Council to have Barotseland seceded from the rest of Zambia, Vice-President Scott said the government had a responsibility to protect people and property. He said there were more Lozis in the rest of Zambia than in Western Province.
"The resolutions announced in Mongu yesterday are irresponsible and unacceptable. Government will not abdicate its responsibility as custodian of the interest of all our people who live in the territorial space called Zambia," he said yesterday.
And asked by Mwandi MMD member of parliament Michael Kaingu if he was aware that the Brotseland Agreement of 1964 united two territories of Northern Rhodesia and Zambia and that in its absence, there would be no relationship between the two, Vice-President Scott said:
"That is the legal situation taken to extremes and twisted. In practice, the Western Province has been part of Zambia and has been governed as part of Zambia since way before 1964."
Asked by Monze UPND member of parliament Jack Mwiimbu if he knew the genesis of the document, Dr Scott said the Brotseland Agreement was a document drawn to give comfort to the Lozi speaking people, and not to advocate for secession.
On Tuesday, the Barotse Royal Establishment's district courts unanimously called for total independence of Barotseland from Zambia in view of the unilateral abrogation of the Barotseland Agreement by Dr Kenneth Kaunda's government.
Submitting their resolutions from the consultative meetings that took place in all the seven district traditional courts over the Barotseland Agreement issue before the Barotse National Council that closed in Limulunga on Tuesday, the representatives said their position on the matter was in unison.
Labels: BAROTSE FREEDOM MOVEMENT, BAROTSELAND AGREEMENT, GUY SCOTT, JACK MWIIMBU, MONGU, UPND
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Back abuse of office bill, DPP urges MPs
By Bright Mukwasa
Wed 21 Mar. 2012, 12:00 CAT
DIRECTOR of Public Prosecutions Mutembo Nchito has asked members of parliament to back the abuse of office clause in the ACC bill.
Appearing before a parliamentary committee on legal affairs, governance and human rights chaired by Monze UPND member of parliament Jack Mwiimbu yesterday, Nchito said corruption must be fought vigorously and to the hilt.
He said he had witnessed the country's fight against corruption and what was needed were good laws to tame the vice.
"My own opinion is that the rate at which people abused power is frightening. I think that as Parliament, you have an important duty to ensure that we have laws in place that can check the Executive from abusing power to benefit them. To some extent, the Executive must be commended for bringing this law Abuse of Office Clause because the victims of this law are going to be the Esxecutive, not the other side," he said.
Nchito said the repeal of the law and subsequent reinstatement had the potential to immensely benefit the country in fighting corruption.
He also said public officers abusing resources suspected to have been corruptly acquired must asked to account.
Nchito said his office could not amend the submissions made by the Attorney General and were in support of the position taken by his office.
The PF government has taken back the abuse of authority of office clause that was removed by the Rupiah Banda administration from the ACC Act prior to last year's general elections.
According to the Anti-Corruption bill, 2012 tabled by justice minister Sebastian Zulu in the House, the bill states that a public officer commits an offence by doing or directing, in abuse of their position, office or authority any arbitrary act prejudicial to the rights or interests of the government.
The Anti-Corruption bill 2012, seeks to deal with any public officer concerned with any matter of transaction connected to their office who corruptly solicits to receive any gratification in relation to the transaction.
Labels: ACC, DPP, JACK MWIIMBU, MUTEMBO NCHITO
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Scott explains why he doesn't act as President
By Mwala Kalaluka
Sat 03 Mar. 2012, 11:59 CAT
VICE-President Dr Guy Scott says he does not act as president during President Michael Sata's absence from the country because he is barred by the Republican Constitution as amended in 1996. And sports minister Chishimba Kambwili yesterday annoyed Monze UPND MP Jack Mwiimbu after he described him as a confused person during debate in the House.
Responding to a question from MMD Mpongwe member of parliament Gabriel Namulambe on why he does not act as president in President Sata's absence, Vice-President Dr Scott said people like him whose parents were not born in Zambia were barred from standing for presidency following the 1996 amended Constitution.
"I was very greatly wishing that the former vice-president was going to take us to court so that we go and explain this issue," Vice-President Dr Scott said. "However, he prefers just standing behind the tree and throw stones."
Vice-President Dr Scott said former vice-president George Kunda knew very well that if he took the matter to court he could not win and he further said there was sufficient precedence over the issue.
"It's not a big deal in my opinion," Vice-President Dr Scott said. "I don't think that this House is the court of law that will determine this matter, anyway."
President Sata usually appoints finance minister Alexander Chikwanda to act as president whenever he travels outside Zambia.
And during the Vice-President's question time, Mwiimbu raised a point of order over Vice-President Dr Scott's response that he could not give the reason upon which President Sata based his realignment of the two districts because it was privileged information.
Mwiimbu asked if Vice-President Dr Scott was in order to hide behind the veil of privileged information when responding to concerns from MPs on the realignment of districts when Article 54 of the Constitution states that Cabinet was collectively responsible to Parliament.
But as Mwiimbu raised his point of order, Kambwili, who was seated at the front bench on the right side of the chamber audibly retorted: "wali fulungana iwe you are confused."
Opposition members of parliament immediately asked Speaker Dr Patrick Matibini to send Kambwili out of the House following his remark.
"How can he say I am mad!" Mwiimbu stood and asked the Speaker.
In his guidance, Speaker Dr Matibini started by asking members of parliament to respect their fellow MPs' right to free expression as they debate on the floor of the House.
"It is important that we conduct ourselves with utmost dignity," Speaker Dr Matibini said. "We have all been installed with the title of being honourable and therefore we must match it with our conduct."
Speaker Dr Matibini asked Mwiimbu to recast his point of order and in response Vice-President Dr Scott said he was not in the pocket of President Sata to divulge to the House why the Chirundu and Itezhi-tezhi districts were realigned from Southern Province to Lusaka and Central Provinces, respectively.
Vice-President Scott said Chirundu and Itezhi-tezhi could be administered conveniently from the places where President Sata had placed them.
Labels: CHISHIMBA KAMBWILI, GUY SCOTT, JACK MWIIMBU, VICE PRESIDENCY
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COMMENT - I don't know whether he has been quoted correctly, but Jack Mwiimbu sounds like an idiot. No one expects that the PF will 'tackle unemployment', whatever that means, in 3 months after being elected. Now if he wants to criticize the idea that the foreign mining companies are here to 'bring jobs' instead of generate the tax revenues by which jobs can actually get created (infrastrucgture, agriculture, manufacturing), then he has a point. However the UPND is also a neoliberal party, so...
PF has failed to tackle unemployment
TIME PUBLISHED - Saturday, December 17, 2011, 8:15 am
An opposition member of parliament has charged that the PF government has failed to tackle unemployment.
UPND’s Jack Mwimbu also said in Parliament that the PF’s promise of tackling many issues within 90 days have not born fruit.
He said with only six days before the 90 days of delivery comes to an end, many Zambians remain unemployed and the promises made in the campaign have not been met.
Mr Mwimbu said many people are unable to access the CEEC fund especially those in rural areas making it even more difficult for them to empower themselves.
[ZNBC]
Labels: CEEC, JACK MWIIMBU, UNEMPLOYMENT
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Parliament ratifies Mchenga's appointment as judge
By Maluba Jere
Wed 30 Nov. 2011, 13:59 CAT
PARLIAMENT yesterday ratified the appointment of four High Court judges. The four are Director of Public Prosecutions Chalwe Mchenga, Solicitor General Mubanga Kondolo, former Solicitor General and permanent secretary Dominic Sichinga and lawyer Nichola Sharpy Phiri.
Parliament heard that the appointment of the four judges was made pursuant to Section 95(1) Cap 1 of the Laws of Zambia.
However, Parliament heard that the appointment of Mchenga as High Court judge attracted objection from Transparency International Zambia (TIZ) and Law Association of Zambia (LAZ).
Chairman for the select committee that was appointed to scrutinise the four nominees Jack Mwiimbu told parliament that in view of the critical role that the High Court plays in the delivery of justice, the committee undertook to ensure that only individuals who are qualified and competent and with integrity, diligence, eminence, sound character and committed to the promotion of justice should serve on the High Court bench.
Mwiimbu said the committee carefully selected and scrutinised the witnesses to assist it assess the suitability of the nominees.
He told Parliament that all witnesses except for TIZ and LAZ supported the appointment of Mchenga as High Court judge.
Mwiimbu told parliament that while appreciating the fact that Mchenga was eminently qualified to be appointed as High Court judge,TIZ and LAZ believed that he Mchenga had been compromised in the manner he handled the late president Frederick Chiluba's case.
"They believe that the nominee's decision not to appeal against the FTJ judgment was influenced by other considerations other than that of the law," he said.
Parliament also heard that the Human Rights Commission (HRC) on the other hand could not state its position on whether or not the committee should recommend the ratification of the four nominees.
Mwiimbu said this was in view of the public perception that surrounded the Chiluba case which believed the DPP had been compromised by the Executive hence his decision not to appeal against the magistrates' court judgment that acquitted Chiluba.
He said the Human Rights Commission strongly recommended that it was against the principle of judging a person based on public perception.
Mwiimbu said the HRC was of the view that Mchenga was unfairly judged with no chance of being heard .
He further said the committee realised that non of the organisations or individuals that criticised the DPP's decision challenged it from the stand point of the law.
Mwiimbu added that Mchenga contended that he expected LAZ to point out the grounds of appeal being an association of lawyers.
He told parliament that LAZ still considered Mchenga to be in good standing with the association.
"In view of the foregoing, the committee is unanimous in resolving that in the absence of substantial evidence, to prove the allegations against him, the nominee was unfairly judged and that in the interest of the rules of natural justice and human rights, your committee will not hold the allegations against him, your committee will recommend that his nomination be ratified," said Mwiimbu.
On the appointment of Kondolo, Parliament heard that all the stakeholders that appeared unanimously supported his ratification as judge.
Mwiimbu said the committee heard that Kondolo was an eminent lawyer at the bar for 20 years and that he had acquired the necessary competencies and experience to handle the job.
He said the committee also learnt that Sichinga held various legal positions and as such he was suitably qualified to be appointed High Court judge.
Mwiimbu said there were no reservations in recommending the ratification of Sichinga's appointment.
The House also heard that Phiri was an eminent lawyer who stood firm on matters of integrity.
Mwiimbu told the House that although she had not served in high government positions, Phiri had in the last 20 years practiced law.
Labels: CHALWE MCHENGA, JACK MWIIMBU, JUDICIARY, PARLIAMENT
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Kamondo to challenge denial of leave to appeal
By Maluba Jere
Fri 31 Dec. 2010, 04:01 CAT
A LAWYER representing Eliot Kamondo says he will appeal to the Supreme Court against the High Court's decision to throw out a notice of appeal which sought to stay the decision to nullify the Mufumbwe election results. Jack Mwiimbu yesterday said since the High Court had denied his client leave to appeal, he would be appealing to the Supreme Court against the decision.
Kamondo was elected Mufumbwe member of parliament but MMD losing candidate Mulondwe Muzungu petitioned the election and the High Court nullified the seat. However, Mwiimbu explained that what had been thrown out was not the actual appeal but a notice for leave to appeal.
High Court judge-in-charge Philip Musonda on Wednesday refused to stay the judgment he passed in the Mufumbwe by-election petition case in which he also nullified the results on the grounds that there was massive violence.
In his ruling delivered in chambers, judge Musonda threw out the application for leave, saying it was misconceived.
He said it would be inappropriate for Kamondo to remain in Parliament until next year because that would be undermining his earlier judgment, which nullified the election of Kamondo.
Judge Musonda asked the Electoral Commission of Zambia to go ahead and set a date for the by-election, saying there was no likelihood that an appeal would succeed.
“An appeal does not act as a stay under section 51 of the Supreme Court Act. It would be inappropriate to let Mr Kamondo stay in Parliament until the next general election to be held in less than a year,” judge Musonda said.
“It would mean the judgment has been undermined by the frivolous and vexatious application. The stay has been refused and the Electoral Commission of Zambia can go ahead and announce the date for the by-election.”
Labels: BY-ELECTIONS, COURTS, ELLIOTT KAMONDO, JACK MWIIMBU
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MMD NEC has no power to expel any member, says Shakafuswa
By Maluba Jere
Sat 13 Nov. 2010, 04:01 CAT
JONAS Shakafuswa yesterday told the Lusaka High Court that the MMD national executive committee (NEC) has no power to expel a member from the party. This is in a matter where Katuba parliamentarian Shakafuswa sued MMD national secretary Katele Kalumba seeking a declaration that his expulsion from the party was illegal.
He is seeking an injunction directing Kalumba, MMD officials, the party's NEC or whosoever to restore his party membership and allow him to perform the functions of member of parliament until determination of the matter.
Shakafuswa is seeking among other reliefs, as an alternative to the injunction in question, another injunction restraining Kalumba through party officials, the NEC, party servants and employees of the National Assembly from interfering with his enjoyment of his party membership pending determination of the matter.
During inter partes hearing before judge Nigel Mutuna, Shakafuswa testified that the MMD had not held any national convention from the date of his purported expulsion. He earlier told the court that he was accused of having been forming parallel party structures.
Shakafuswa, who was led by lawyer Jack Mwiimbu, said under article 19(n) of the MMD constitution as read with article 19(l), there was no provision for expulsion and such powers rested with the national convention.
And PF deputy national youth chairman Geoffrey Chumbwe told the court that he wrote a letter to Kalumba, informing him that he had received news that Shakafuswa was forming parallel structures in Kanyama compound.
“We MMD NEC had some differences with Shakafuswa. So after the complaints, I approached him Shakafuswa at a NEC meeting at State House to find out if it was true he was forming parallel structures in Kanyama and we had a misunderstanding, we fought,” Chumbwe said. “So I wrote a letter to the national secretary, complaining against Shakafuswa’s activities.”
Chumbwe, the former Lusaka Province MMD chairman, told the court that Katele later informed him that the matter relating to Shakafuswa had been resolved and it was closed.
In cross-examination by James Banda, Chumbwe said the deputy national secretary had no power to discipline a party official unless that was done in consultation with NEC.
The petitioners in this matter have closed the case and the MMD told the court that they would call one witness.
The matter comes up on November 26, 2010 for defence.
Labels: GEOFFREY CHUMBWE, JACK MWIIMBU, JONAS SHAKAFUSWA, KATELE KALUMBA, MMD, NEC
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Introduction of public interest disclosure Bill long overdue – PFC
By Ernest Chanda
Wed 03 Mar. 2010, 03:50 CAT
THE Press Freedom Committee of The Post (PFC) has observed that the introduction of the public interest disclosure (protection of whistle blowers) Bill by the government has been long overdue. The bill is aimed at protecting people who give information that is of public interest to law enforcement agencies.
Appearing before the parliamentary committee on legal affairs chaired by Monze Central member of parliament Jack Mwiimbu yesterday, PFC chairperson Chansa Kabwela said if refined, the bill would help fight corruption effectively.
“We need whistleblowers if we have to sustain the fight against corruption because corruption is there both in the public and private sectors. We are convinced that the public interest disclosure (protection of whistle blowers) Bill No 12 of 2010 attempts to deal with the protection of whistleblowers – and this development in our view is long overdue,” Kabwela submitted.
She said there should be political will to enforce various pieces of legislation and the one governing the law enforcement agencies.
She said there were some other good laws in the country that were not enforced due to lack of political will among leaders.
“…as long as party cadres, who are de facto outside civil service discipline, are not only advisors, but also assume the responsibilities of controlling officers of the public purse at permanent secretary level, regardless of the party in power, the nation must expect diversion of funds and huge leakages of resources to serve both political and personal interests at the expense of national development,” she said.
“There are some good laws in place such as the Zambia National Broadcasting Corporation (Amendment) Act and the Independent Broadcasting Authority (IBA) Act of 2002, but the lack of political will to implement them results in selective justice which protects the strong preying upon the weak. There are thousands of inmates serving sentences for stealing chickens, bicycles, television sets, cows and so on and so forth. But many stealing billions get way with it.”
When asked by Chimbamilonga MMD member of parliament Brian Sikazwe to cite one example of people stealing billions of kwacha, Kabwela referred to various cases of abuse of public resources as highlighted in the Auditor General’s report.
And when asked further by Sikazwe why she singled out the civil service when the bill also catered for the private sector, Kabwela said there was emphasis on the civil service there was an element of taxpayers’ money.
And PFC general secretary Sheikh Chifuwe expressed concern that the bill did not cater for protection of whistleblowers in the offices of the Anti Corruption Commission (ACC), Drug Enforcement Commission (DEC) and Investigator General.
He said the officers in these agencies needed to be catered for to ensure that whistleblowers were protected in the event that they exposed wrongdoing.
Chifuwe also bemoaned non-adherence to the general orders in the civil service.
He said there would be no talk of corruption and abuse of public funds in the public service if civil servants followed the guidelines in the general orders.
Earlier appearing before a parliamentary committee on information and broadcasting services, Press Association of Zambia (PAZA) president Andrew Sakala submitted that the ZNBC Amendment Bill 2010 did not meet the interests of media groups.
The bill seeks to broaden the system of collecting TV licence fees and change the word ‘licence’ to levy.
Under the proposed bill, TV levy will be included to the price of a television set in every shop so that whoever buys a TV will also have paid the annual K36,000 TV levy.
Sakala said it was good that the government had realised that what the public paid ZNBC was not a licence but a levy.
“For purposes of correcting the inherent mistake of a ‘levy’, which the ZNBC Amendment Act 2002 refers to as licence, the ZNBC Amendment Act 2010 is well thought out to correct this anomaly.
But generally the ZNBC Amendment Bill 2010 does not meet the expectations of the PAZA and other media interest groups in the sense of that it does not touch on the fundamental principles for which the amendments were sought – transform ZNBC from a state to a public broadcaster,” submitted Sakala.
When asked by Chimbamilonga MMD member of parliament Brian Sikazwe to cite one example of people stealing billions of kwacha, Kabwela referred to various cases of abuse of public resources as highlighted in the Auditor General’s report.
And when asked further by Sikazwe why she singled out the civil service when the bill also catered for the private sector, Kabwela said there was emphasis on the civil service there was an element of taxpayers’ money.
And PFC general secretary Sheikh Chifuwe expressed concern that the bill did not cater for protection of whistleblowers in the offices of the Anti Corruption Commission (ACC), Drug Enforcement Commission (DEC) and Investigator General.
He said the officers in these agencies needed to be catered for to ensure that whistleblowers were protected in the event that they exposed wrongdoing.
Chifuwe also bemoaned non-adherence to the general orders in the civil service.
He said there would be no talk of corruption and abuse of public funds in the public service if civil servants followed the guidelines in the general orders.
Earlier appearing before a parliamentary committee on information and broadcasting services, Press Association of Zambia (PAZA) president Andrew Sakala submitted that the ZNBC Amendment Bill 2010 did not meet the interests of media groups.
The bill seeks to broaden the system of collecting TV licence fees and change the word ‘licence’ to levy.
Under the proposed bill, TV levy will be included to the price of a television set in every shop so that whoever buys a TV will also have paid the annual K36,000 TV levy.
Sakala said it was good that the government had realised that what the public paid ZNBC was not a licence but a levy.
“For purposes of correcting the inherent mistake of a ‘levy’, which the ZNBC Amendment Act 2002 refers to as licence, the ZNBC Amendment Act 2010 is well thought out to correct this anomaly.
But generally the ZNBC Amendment Bill 2010 does not meet the expectations of the PAZA and other media interest groups in the sense of that it does not touch on the fundamental principles for which the amendments were sought – transform ZNBC from a state to a public broadcaster,” submitted Sakala.
Labels: CHANSA KABWELA, JACK MWIIMBU, PFC
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And these two projects have been seriously supervised by the council and imagine if councils throughout the country were funded, the infrastructure of the country would have been to the expected standards," said Mwiimbu.
This should be PF-UPND national policy. This is the only meaningful direction of 'development'.
Zambians need accelerated development, says Mwiimbu
By George Zulu in Monze
Wed 03 Mar. 2010, 03:30 CAT
MONZE Central UPND member of parliament Jack Mwiimbu has said Zambians are in dire need of a government which will appreciate and implement issues that will encourage accelerated development at all levels of society.
In an interview after he officially handed over a police post and a fish market in Monze constructed from the Constituency Development Fund CDF, Mwiimbu said decentralisation was a key factor to accelerated development in the modern world.
"Development and issues of poverty are the major concerns of the people of Zambia not only in my constituency but countrywide. No wonder today we are busy and seriously advising the current government to implement the decentralisation policy as quickly as possible for people to participate in sharing the national cake equally.
This time around Zambia's resources are not equally shared. We have seen crooks that are busy masquerading and parading for those in governments to be given prominence and special attention at the expense of the majority poor," he said.
"As UPND-PF pact when we form government, we shall ensure that resources meant for developmental activities are not mismanaged in the manner the current leadership and government is doing."
Mwiimbu said councils had the capacity to foster national development through out the country on behalf of those in government but the MMD leadership had failed to take advantage of the local government system.
And these two projects have been seriously supervised by the council and imagine if councils throughout the country were funded, the infrastructure of the country would have been to the expected standards," said Mwiimbu.
He said the current government was failing in addressing issues of decentralisation because they wanted and supported pilferage in public institutions.
"We are aware of some councils where CDF has been accessed by individuals related to those in power. The money meant for development at constituency level has been abused. But we have to warn them that soon this will come to an end because we, if voted into power, shall fight corruption vigorously and we shall not interfere with any investigative wing like the MMD were doing," said Mwiimbu.
Labels: DECENTRALIZATION, DEVELOPMENT, JACK MWIIMBU
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Mwanachingwala not a factor in S/Province politics – Mwiimbu
By Agness Changala and Mwala Kalaluka
Mon 15 Feb. 2010, 04:00 CAT
CHIEF Mwanachingwala is not a factor in the political dispensation of Southern Province, Monze Central UPND member of parliament Jack Mwiimbu has said. Mwiimbu said chief Mwanachingwala would not influence people to stop supporting the PF-UPND pact.
He said despite chief Mwanachingwala’s mischievous attacks on the pact, it was still receiving overwhelming support from his subjects.
“I must state categorically that chief Mwanachingwala is not a factor in the political dispensation of Southern Province because he has consistently supported the MMD even in 2001 elections,” he said.
“At no time did he render any support to the UPND and despite him being against us, people in his chiefdom supported our party in 2008. Even when we held presidential elections, the same chief, assured that the province would vote for him but alas! The situation was different.”
Mwiimbu said people in Southern Province would continue to vote for the pact no matter what the chief told them.
He said this was evident from the recent ward elections that were held in Itebe Ward, which was in his chiefdom.
“He openly campaigned for MMD candidate and unfortunately, his candidate lost the election, so where is the influence?” asked Mwiimbu.
And two UPND parliamentarians from Mazabuka district have turned down a government invitation that urged them to be present at yesterday’s meeting between President Rupiah Banda and chief Mwanachingwala.
Responding to a letter of invitation dated February 11, 2010 written to them by Mazabuka district commissioner Tyson Hamaamba, Mazabuka Central and Chinkankanta parliamentarians, Gary Nkombo and Munji Habeenzu respectively declined the invitation.
In his letter to the duo, Hamaamba informed them that there had been a change of programme for President Banda’s visit to Mazabuka from Saturday February 13 to Sunday February 14, 2010.
“I write to officially inform you that His Excellency the President of the Republic of Zambia, Mr. Rupiah Bwezani Banda’s visit to His Royal Highness Chief Mwanachingwala will be on Sunday 14th February, 2010 at 10.00 hours. There, you are requested to ignore the first mentioned date. However, the invitations still remain valid,” read Hamaamba’s letter.
But in their response dated February 12, 2010, the two parliamentarians stated that they were declining the invitation on grounds that President Banda’s visit was a private one and one whose agenda was silent on developmental issues.
“Upon seeing the programme for the President’s visit, we are convinced that this is a private visit whose agenda is silent on developmental issues. We, therefore, do not attach the value of the visit to the community that we represent,” the duo stated. “The programme states that the President will meet chiefs, farmers, the business community and party officials (We assume MMD party officials). Clearly sir, we do not belong to any of the above categories and therefore, we believe that there is no platform at this particular occasion for us to also present before the President matters that affect the majority of his people whom we represent.”
The duo stated that their expected presence at chief Mwanachingwala’s home was not beneficial for their constituents.
“In view of the foregoing, we humbly decline this invitation,” they stated.
Nkombo said reports by the public media that he was on hand to receive President Banda during his visit to Mazabuka yesterday were lies.
Labels: CHIEF MWANACHINGWALA, JACK MWIIMBU
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Kunda’s game is over
By Editor
Tue 29 Dec. 2009, 04:00 CAT
Some of us get waken up by harsh realities of life. We suffer so much that we wake up. But people keep bumping again and again into life. They still go on sleep-walking. They never wake up. Tragically, it never occurs to them that there may be another way.
It never occurs to them that there may be a better way. Still, if you haven’t been bumped sufficiently by life, and you haven’t suffered enough, then there is another way: to listen.
We wish George Kunda would care to listen to what is being said about him. Last week, very harsh words were used by the Media Liaison Committee – the Press Association of Zambia, Media Institute of Southern Africa, Zambia Union of Journalists, Zambia Media Women Association, Zambia Union of Broadcasters and Information Disseminators, Press Freedom Committee of The Post, Panos Southern Africa and Catholic Media Services – to describe George and his behaviour.
They declared George as the number one enemy of the media in Zambia; they declared him the most hostile public official towards the media and the number one enemy of the media freedom since the end of single party dictatorship some two decades ago.
They vowed to resist what they called George’s “cold hand of censorship”. They observed that “his recent manoeuvres to censor and control the entire media in Zambia through his cold hand behind his proposed draconian media council law ranks as one of the most blatant acts against media freedom and freedom of expression in Zambia since independence”.
They said “the motive for this ugly disposition is his strange appetite to settle scores with his perceived enemies in the media, civil society and some legal practitioners who cannot bow to his trademark manipulative behaviour”. This is the situation George today finds himself in. It is not his perceived enemies at The Post who are saying this. It is a consensus position of the Zambian media. And this is a deeply-felt distaste of George.
We agree with and share the feelings of the Media Liaison Committee about George. And we have expressed somewhat similar views about George. We hope George will listen and mull over things and consider the feelings of others. We hope he will listen and learn something from what is being said about him.
This must be a wake-up call for George. George has manipulated many things, many processes in this country since 2002 when Levy Mwanawasa drafted him into politics and government. But there is a limit to manipulation.
We hope now George will realise that manipulators have never deserved anybody’s respect or been respected anywhere. As we have stated before, manipulators are like little sailboats that go with the wind and the waves. Manipulation is synonymous with opportunism. Manipulation doesn’t have substance; it doesn’t have roots.
Everything – respect, relationships, serious analysis, and understanding – is only possible among people who are honest with themselves and with others.
The position taken by the Media Liaison Committee demonstrates that the great majority of the people in our country, including those in the media don’t agree with and are opposed to what George is trying to do – in case there were to remain any doubt, among those who are so naive as to take pleasure in deceiving themselves or in allowing themselves to be deceived.
George underestimated our people, our journalists and believed that they were incapable of organising themselves. He believed that they were incapable of unity; he believed they were a helpless group that would submit easily. George believed that they were going to be victims of disunity, of unpreparedness, of the incapacity to organise themselves.
However, what the Media Liaison Committee said last week proves the opposite, demonstrates their capacity and shows what they can do if pushed against the wall.
Clearly, George is not mobilising support for Rupiah Banda and his government. He is instead mobilising opposition, contempt for himself, his boss and the entire MMD government.
All this opposition to George and what he stands for is being done by people he thought were docile. Probably what George needs to know is what has converted these people who he once thought were docile into a Spartan people?
To what should this fervent effort be attributed? Simply to a reality; the reality that the nation is in danger, the reality that the nation is threatened by the decisions and actions of George and his friends.
The media laws that George and his friends want to enact will push this country back to the Stone Age. They will make Zambia a laughing stock of the region. Even Zimbabweans will laugh at us because they have seen what such media laws can do to a country and are moving away from them. Probably Chinua Achebe was right when he said:
“A man who has just come in from the rain and dried his body and put on dry clothes is more reluctant to go out again than another who has been indoors all the time. The trouble with our new nation…was that none of us had been indoors long enough to be able to say ‘to hell with it.’ We had all been in the rain together until yesterday. Then a handful of us – the smart and the lucky and hardly ever the best – had scrambled for the one shelter our former rulers left, and had taken it over and barricaded themselves in.
And from within they sought to persuade the rest through numerous loud speakers, that the first phase of the struggle had been won and that the next phase – the extension of our house – was even more important and called for new and original tactics; it required that all arguments should cease and the whole people should speak with one voice…”
Nations have been destroyed by petty-minded people. Pettiness is very dangerous, especially for those who are in positions of authority like George. The path that George has taken on media legislation does not, in any way, lead to the deepening and broadening of democracy in our country. It is actually a recipe for tyranny. What George wants to do is to turn the entire media of our country into a government-controlled one without the state owning it.
If George is allowed to succeed in his endeavours, the entire Zambian media will be turned into one huge government-controlled media where all the newspapers will be like the state-owned and government-controlled Zambia Daily Mail and Times of Zambia while all the radio and television stations will be ZNBC. Is this what this country wants? What good will that do to this country?
We have given a lot of advice to George and his friends on this issue. And many other people have spoken and have advised George and his friends to take a more rational path on media issues. But all that has fallen on deaf ears.
It has been made clear to George that the world recognises the fact that journalism is not just a profession.
It is the exercise by occupation of the right to free expression available to every citizen. That right, being available to all, cannot in principle be withdrawn from a few by any system of licensing or professional registration. And we have repeatedly quoted the views and advice of Nelson Mandela on this issue and we repeat: “A bad free press is preferable to a technically good subservient press.
None of our irritations with the perceived inadequacies of the media should ever allow us to even suggest faintly that the independence of the press could be compromised or coerced.” To George, all this means nothing, Mandela is talking nonsense. For sure, it is not Mandela who is talking nonsense, it is George who is failing to see things because he is blinded by ambition. To George, such legislation will curtail the activities of The Post and other news media to expose the crimes of his league and save him from losing political office.
That’s all George is interested in. All other things don’t matter. And in pursuit of that, he is prepared to sacrifice a lot of things. There are no values or principles that are dear to George. What matters to George is what he gets, what is in something for him. Right now, George thinks there is nothing for him in having a free and independent media.
He finds the state- owned and government-controlled media to be more of benefit to him and as such, he wants every media organisation to operate or similar terms. It won’t work. Being greedy is sometimes dangerous. In trying to bring all the country’s media under his control, George risks losing even the control that he has over the state-owned media.
What is good is that the Zambian people now know who George is and as such, his capacity to manipulate things has been dealt a deadly blow. There is a limit to everything and this time, George has gone too far without realising that he is dealing with a totally different issue, involving different people and at the wrong time.
If George does not run away from this issue, it will devour him. On this one, he will not have his way – it’s impossible to have those evil ideas imposed on our country’s media and indeed on our people. George has an evil mind that doesn’t seem to bend to reason. But over this one, he has to yield.
Labels: GEORGE KUNDA, JACK MWIIMBU, MEDIA, REGULATION
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Posterity will judge Kunda harshly, says Mwiimbu
By George Zulu in Monze and Justin Kawisha in Mazabuka
Tue 29 Dec. 2009, 04:00 CAT
UPND chairman for legal and constitutional affairs Jack Mwiimbu has said posterity will judge Vice-President George Kunda and the MMD harshly if they continue with attempts to dictate for statutory regulation of the media as opposed to self-regulation.
In an interview in Monze, Mwiimbu who is also UPND Monze Central member of parliament, said his party was categorically opposed to the statutory regulation of the media because the media should be allowed to regulate itself in a free and democratic society.
"UPND and our cooperating partners, the PF, we shall ensure that statutory regulation of the media by the MMD government is opposed in Parliament. We are aware that the MMD is trying to use the arrogance of numbers in Parliament but that does not work in a democratic society, posterity will judge Vice-President Kunda and his government harshly and will also judge us harshly if we allow a situation where government dictates to…the media.
We believe that the media is an arbiter in situations where members of the public want information, the media should be allowed to operate freely and the UPND/PF pact shall lobby other partners including NGOs for support to ensure that we don't allow the government to come up with statutory regulation of the media," said Mwiimbu.
He said in the event that the government passed the draconian statutory regulation law of the media, the pact, after forming government in 2011, will revisit and repeal the law to the benefit of the nation and the media fraternity as a whole.
Mwiimbu said he was surprised that the government had been suggesting that the Catholic Church and the media played a major role in the 1993 genocide in Rwanda. He said the Catholic Church was one of the few churches that had uplifted the living standards of the people in Zambia.
"They have provided schools, health infrastructures and other social and economic infrastructure and they are on the side of the down-trodden of society. It is absurd for any person to suggest that the Catholic Church or indeed the media will be in the forefront of promoting genocide in this country, what would be the benefit anyway of doing such a thing?," asked Mwiimbu.
He said statements from the government on the Catholic Church and sections of the media were intended to silence them from speaking for the poor in society.
He said revelations by The Post that Vice-President Kunda was planning to come up with a punitive bill in Parliament against the media was a parochial perception on the party of the Vice-President.
He said The Post from inception has been consistent it its coverage of developmental and political issues without any bias, unlike the government controlled media which were always inclined to support the government of the day irrespective of the issues at hand.
Labels: GEORGE KUNDA, JACK MWIIMBU, MEDIA, REGULATION
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Stop abusing the intelligence services, Mwiimbu urges govt
Written by Ernest Chanda
Thursday, March 26, 2009 7:44:11 AM
MONZE UPND member of parliament Jack Mwiimbu has advised the MMD government to stop abusing the Zambia Security Intelligence Services (ZSIS).
Debating the estimates of expenditure for ZSIS on Tuesday, Mwiimbu said the intelligence should be used for the benefit of all Zambians.
“May I passionately appeal to this government to depoliticise the Zambia Security Intelligence Services. The intelligence system was not made to be abused by those in power. The intelligence service is for all Zambians and is supposed to serve all political parties,” Mwiimbu said.
“I hope that the unfortunate situation that occurred in the 2001 election does not re-occur where the intelligence system was abused by the MMD government. The Vice-President who happens to be a lawyer is aware of that abuse. It’s a fact that the Zambia Security Intelligence Service was abused and it’s a fact that Zamtrop was abused. The matter was in the Supreme Court of Zambia and records are there for all to see,” Mwiimbu said.
He said it was not good to always have elections that are disputed.
“If you have elections that are disputed each time they are held, then it is not a healthy situation. I would like to appeal to this government to let the intelligence service work professionally as they have been trying now,” Mwiimbu said.
“I want to see them [intelligence officers] mingle among ordinary Zambians so that they are assisted in getting information. I’m saying this because I’m a patriotic Zambian. I would like to appeal through the Vice-President that this service works for all Zambians regardless of their political affiliation.”
And Bangweulu Patriotic Front member of parliament Joseph Kasongo called on defence and security services to sensitise ministers on security matters.
“May I appeal to the government of the day to protect this organisation. Currently, Zambia has become a laughing stoke in the region because we are the only country that has undressed our intelligence. We must be ashamed of ourselves. There is need for our defence and security services to mount seminars that will educate our ministers on respecting their oath of secrecy,” he said.
“It is not good to hear former ministers disclose information that came to them by virtue of them being ministers. But when they are fired they begin to disclose information that they had sworn not to disclose. When you are appointed minister you swear to keep state information and we expect you to keep that even when you are fired. But you come to this House debating and disclosing information. Who are you appeasing? I know that some of you become emotional when you are fired and then you allow traitors to take advantage of the information you disclose.”
Kasongo claimed that civil servants were disclosing information because of ministers.
“All the officers are now disclosing information to the press. You [pointing at ministers] are the source of that because they say follow the leader. You are privileged to be in those positions because of Zambians. I am aware that there are so many people fighting the government of the day, both within and outside. Some people have called the President a failure already, and yet this is his first budget,” Kasongo said.
“I am also aware that some of those who supported him are disappointed because they thought that when he got into power he would appoint them ministers. And some of these political parties have no leadership, may be the only opposition political parties with leadership are the PF and the UPND,” said Kasongo.
Meanwhile, tempers flared in parliament as members debated the estimates of expenditure for the Ministry of Lands.
As Southern Province minister Daniel Munkombwe took the floor, he debated off the motion, attracting constant guidance from committee deputy chairperson Mkhondo Lungu.
“I have never engaged in bruising people, I’m cool. Those who have aimed at bruising me have been themselves bruised. Threaten, you can. But an individual can not threaten the majority. And also to threaten a person of my age it is dangerous. …If you look through my record, I have never been sent out, not even ruled out. I’m useful and not useless. The opposite of useful is useless. I’m useful, all the Presidents have used me,” said Munkombwe.
Labels: JACK MWIIMBU, ZAMTROP, ZSIS
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MMD policies have destroyed local govt system, says Mwiimbu
Written by Ernest Chanda
MONZE UPND member of parliament Jack Mwiimbu on Tuesday accused the MMD government of destroying the local government system in the country. And Kabwata PF member of parliament Given Lubinda has accused the local government minister of abrogating the local government Act.
Debating this year's estimates of expenditure for the Ministry of Local Government and Housing, Mwiimbu said the MMD's poor policies had destroyed the system.
"The local government system in Zambia has collapsed due to poor policies of the MMD. When the MMD came into power in 1991, the first act they made was to destroy the local government system. Because of their bad policies, cholera is now being celebrated as if it's a traditional ceremony. How do you expect any reasonable investor to come and invest in Kanyama where roads are bad? And Lusaka has now become an open air market because of street vending," Mwiimbu complained.
"Any responsible government is supposed to provide for every resident. The local government as I am speaking now has collapsed. How do you expect workers in local authority to provide their best when they have not been paid for three years? It is therefore incumbent upon any government to improve the local government system for good service delivery."
Mwiimbu, who boasted of having run the local government system well when he served as Lusaka Town Clerk, explained that every city in the world had developed because of support from the central government.
"I would like to state without fear of contradiction that there is no city in the world that has developed without funding from central government. Even major cities in the world like London and New York receive funding from the central government. It's fallacious to expect a town like Shang'ombo to find money to pay its workers," Mwiimbu said.
And Kabwata member of parliament Given Lubinda said the government had failed to serve the people going by the failure in the council's operations.
"The local government Act states that every first week of September there shall be a council meeting, and the first item on the agenda shall be the election of Mayor. Already this is March and we have no sign of mayoral elections. This has clearly destroyed the local government system. And the minister is clearly going against the Act. Instead of calling for mayoral elections, all we see is a circular talking about councillors' allowances. Councils don't want allowances but authority to run their affairs well," Lubinda said.
"Government is supposed to pay K7.4 billion annually to the Lusaka City Council in form of property rates. But only K600 million was given to Lusaka City Council in 2006. You set their [councils] property rate and you don't want to give them power. The failure of any council is a reflection of the failure of any government. People are saying this government is a failure. A government that can't collect solid waste, a government that can't collect sanitation waste, is a failure. The ministry of local government is currently squatting in a property for which it is not paying."
Lubinda also proposed that the Constituency Development Fund (CDF) be legislated.
"May I propose that CDF be an Act of Parliament. It must not be the discretion of a minister, but it must pass through this House. May the minister introduce an Act of Parliament that will give guidelines on the use of CDF. We do not like it when our colleagues appear in courts on issues of CDF. That reduces the integrity of this House," said Lubinda.
Labels: DECENTRALIZATION, GIVEN LUBINDA, JACK MWIIMBU, LOCAL GOVERNMENT, MONZE
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