Hansungule doubts govt’s sincerity on media regulation
By Ernest Chanda
Sun 17 Jan. 2010, 04:00 CAT
MICHELO Hansungule has doubted the government's genuineness on their resolve to allow the media to regulate themselves.
In an interview, Hansungule, a Professor of Human Rights Law at the University of Pretoria in South Africa, said it was difficult to trust the MMD government looking at some controversial laws they had passed in the past.
"You asked whether this is genuine? Get the answer from the NGO Bill. Long time ago, former president Frederick Chiluba said he would not bring the Land Bill back to the House till after consulting the country, in particular Chiefs. What happened? It is the same government, just different administrations," Prof Hansungule said.
"In this new year I think they government are going to go ahead and regulate the media, I have no doubt reading from the sentiments and also looking at their experiences in the past. I have no doubt they are going ahead to legislate. Vice-President George Kunda has said the door is open, I believe he is talking about the door he has opened which means the door he can close. So, I'm not very hopeful about the door opening because it comes from the owner of the house who can at any time when they feel that things are not going their way, they can close it,"
He said no government could be entrusted with people's rights, including the right to information.
"...And that means they can go ahead with the way they did on the NGO Non-Governmental Organisation Bill, there's that experience on the ground. And that they might probably listen to one or two things but essentially leave the reform as originally conceived and pass a new law which will be a great pity to Zambia; because the area of media freedom is one area in the world where democracies have advanced by far," Prof Hansungule said
"...What is the lesson(s)? Never leave your rights to the care of government - never! The most seemingly caring government cannot be trusted with your rights. They are too precious to leave to the animal called government even if it is run by angels from heaven."
Prof Hansungule said although the government was dragging their feet on the issue, they had no option but to follow the dictates of the UN convention on human rights.
"It is not a matter of government letting the media go ahead and regulating themselves. They have no choice in the matter. Convention dictates that, that is how it is done universally. You regulate the media to allow it greater freedom, not to deprive it of the little it has. There is no change of heart, they have no option.”
Labels: MEDIA, MICHELO HASUNGULE, REGULATION
Read more...
Kunda needs media freedom more than anyone else - Prof Hansungule
By Ernest Chanda
Fri 01 Jan. 2010, 04:01 CAT [
Professor of human rights law Michelo Hansungule has said Vice-President George Kunda needs media freedom more than anyone else. In an interview from his base in Pretoria, Prof Hansungule reminded Vice-President Kunda of the realities he would face if he left office and tried to speak through controlled media.
“Media freedom is a natural right. The state does not legislate freedom. Freedom came before the state and certainly before George Kunda was recruited into government by late president Levy Mwanawasa. A natural right is not subject to state legislation, however powerful the state,” Prof Hansungule said.
“Vice-President Kunda has no jurisdiction to impose anti-people media laws on Zambians. Maybe he has not been reminded before, no one besides President Banda appointed him to the Vice-Presidency.
In fact, Vice-President Kunda needs media freedom more than anyone else. Vice-President and minister of justice George Kunda will learn this when he leaves office offices, as he will learn shortly. Once you are in office, the next step is to come out and it will happen to the current Vice-President and Minister of Justice. African leaders must strive to leave the world better than they found it.”
Prof Hansungule said self-regulation of the media was the general practice in all democracies around the world. He said all Zambia needed most was to deepen media and other freedoms in order to enhance good governance.
“Zambia needs to develop the media into a truly independent mouthpiece of the people. We need a truly biting media which barks authorities irritatingly and ceaselessly, more especially in safeguarding rights. It is important Zambia legislates the right to information, including personal information in the hands of the state,” Prof Hansungule said. “People should feel free and freer to approach government demanding for information in its custody.
There is therefore no need to subject the natural right to information to expansive claw back clauses, which effectively amount to denial of that right.
“In all democracies, the media regulates itself. Self-regulation and not regulation by the Vice-President is the rule of media practice.
It is utterly wrong for the government in our case, for the almighty Vice-President and Minister of Justice George Kunda to decide what we should not read on Sunday, who should write the editorial, what question a journalist should ask President Banda, etc. We want and we have the natural right to read free information. George Kunda and President Banda's information they can give to their cadres; it's fine that way. But they have no right, absolutely none, to dictate information and how it should be disseminated.”
Prof Hansungule challenged information minister Lt Gen Ronnie Shikapwasha to resign if he were not comfortable with media freedom.
“If the media does not effectively regulate itself, there are courts. Anyone who feels unfairly treated by the media has a right to go to court and complain and this is where George Kunda should have been putting his attention, how to empower the vulnerable have effective access to court and how to make the courts efficient in dispensing this and other justice!” Prof Hansungule said. “We want the media to write and report about everything that goes on at State House and at Mfuwe.
Every little thing that takes place among our politicians should be reported freely by our young men and women because it is our right to know. If minister Shikapwasha does not like this, resign sir; go into retirement where you were. Instead of what Vice-President George Kunda is trying to do, the law should be strengthened to protect journalists and the journalism profession so that besides merely reporting, it can dig out all the dirt.”
Prof Hansungule said Vice-President Kunda would not survive in a truly independent media going by his stifling of the little media freedom that exists in Zambia.
“There is a lot of dirt in society especially in corridors of power. The Constitution guarantees our right to know all the dirt there is. We should not only know. In fact, we don't need to know or see on television that President Banda has gone to Mfuwe or has returned. Democracy is built on the basis of several dissenting voices and opinions.
We all know that an essential aspect of democracy is freedom. Freedom from state control in our case in Zambia freedom from the unbridled control of the media by Vice President George Kunda is the definition by which democracy is known,” said Prof Hansungule.
“I often wonder how George Kunda would manage as Vice-President in a free country with a thriving press. I bet he cannot last seconds. Think of a free country and George Kunda not with one free paper, radio or television but with several screaming headlines! It would be a terrible, terrible dream for him to find himself in.”
Labels: GEORGE KUNDA, MICHELO HASUNGULE
Read more...
Attacking Lungu is wicked intimidation - Prof Hansungule
By Ernest Chanda
Sat 26 Dec. 2009, 04:01 CAT
Law Association of Zambia (LAZ) president Stephen Lungu
PRETORIA-based Professor of law Michelo Hansungule has described the government’s attacks on Law Association of Zambia (LAZ) president Stephen Lungu as wicked intimidation.
In an interview from his base in South Africa, Prof Hansungule encouraged LAZ to continue protecting the people of Zambia.
“LAZ and Stephen Lungu should continue developing Zambia through their fearless voices on matters of public interest. MMD must understand that statements from their ministers against Lungu in particular and LAZ in general is wicked intimidation which is very disappointing really for a party which came to power on the bandwagon of democracy,” Prof Hansungule said.
“In Zambia, we need not just LAZ voice but a million voices of free men and women including children to develop. No country where the government intimidates its people has developed. Look around at history and tell me one which did. The different views and discourses especially against government is the raw material by which development is made.”
Prof Hansungule wondered why the government should call for Lungu’s blood when he was operating professionally.
“It is amazing how politics make people drunk with power. Power corrupts, absolute power corrupts absolutely. It's a long time since a wise man uttered these words. Today, they sound exactly like they were uttered this morning. Why should our politicians itch for Stephen Lungu's blood? You want the blood of someone who is saying the right thing?
What exactly is wrong with us humans?” he asked. “The Law Association of Zambia has a right to comment on issues of public interest in the way they not MMD see it. I thought the MMD should surprise us at least once by coming out to congratulate Stephen and his colleagues for being true to themselves and doubt DPP Mchenga. More than forty years after independence, the ruling party still cannot tolerate different views! When are we going to 'grow up' politically and celebrate different and opposite views?”
He said there was nothing wrong with people questioning Chiluba’s acquittal since the former president plundered public resources.
“The right of participation is enshrined in the Constitution and it is so in all major political systems. A key element of this is the freedom of expression and I am glad deputy ministers Todd Chilembo and Gaston Sichilima know it hence always press conferences and press statements to castigate those who try claim it to communicate their views.
Holding dissenting opinions from the ruling party is precisely the stuff freedoms of opinion and expression is made of,” he said.
“Did the ministers really think that we should all share their opinion on such a divisive issue as Chiluba's acquittal? If they have chosen not to oppose the acquittal for whatever reason (s), should all Zambians and their various professional and non-professional bodies not think differently from the MMD? What exactly is wrong with calls for appeal in Chiluba's acquittal or for LAZ to question Mchenga's stance?”
Prof Hansungule said Chiluba’s acquittal would be a subject of public discussion for a long time.
He said Chiluba had up to now not explained how he acquired the US $8 million he deposited in the Zamtrop account.
“MMD must accept that this issue will be a subject of public discourse for a long time to come. Chiluba whom they are supporting has not explained how he came to be in possession of eight million United States dollars. He has not explained and I seriously doubt if he can.
To my knowledge, there is no Christian who is a Christian who cannot be bothered to explain how he or she came to possession of such a large sum of money. Chiluba claims to be a Christian.
His salary as president for ten years is public knowledge. If this cannot be established in the established courts of law up to the highest court using institutions of state, can we still claim Zambia is a democracy based on the rule of law?” asked Prof Hansungule.
“Given the clear stand the MMD and President Banda have taken on Chiluba and his acquittal, this matter should be taken to the people for them to make their verdict in 2011.
We are dealing with the issue of corruption here and it is important all voices are heard on the issue. We must go to the people with Chiluba's salary for the ten years he was president which is public knowledge at Government Printers in Lusaka; add 20 per cent for his allowances and deducting it from eight million USD, ask people to ask the MMD who know him better to explain for him where he got the rest?
The $8 million is the money Chiluba himself admitted to have in the infamous Zamtrop account therefore he must be able to shed light on through his personal and political friends. 2011 should be an interesting year. The elections should be decided on Chiluba's case. Let's ask people to make their decisions against this background.”
Labels: MICHELO HASUNGULE, STEPHEN LUNGU
Read more...
Attacking Lungu is wicked intimidation - Prof Hansungule
By Ernest Chanda
Sat 26 Dec. 2009, 04:01 CAT
PRETORIA-based Professor of law Michelo Hansungule has described the government’s attacks on Law Association of Zambia (LAZ) president Stephen Lungu as wicked intimidation.
In an interview from his base in South Africa, Prof Hansungule encouraged LAZ to continue protecting the people of Zambia.
“LAZ and Stephen Lungu should continue developing Zambia through their fearless voices on matters of public interest. MMD must understand that statements from their ministers against Lungu in particular and LAZ in general is wicked intimidation which is very disappointing really for a party which came to power on the bandwagon of democracy,” Prof Hansungule said.
“In Zambia, we need not just LAZ voice but a million voices of free men and women including children to develop. No country where the government intimidates its people has developed. Look around at history and tell me one which did. The different views and discourses especially against government is the raw material by which development is made.”
Prof Hansungule wondered why the government should call for Lungu’s blood when he was operating professionally.
“It is amazing how politics make people drunk with power. Power corrupts, absolute power corrupts absolutely. It's a long time since a wise man uttered these words. Today, they sound exactly like they were uttered this morning. Why should our politicians itch for Stephen Lungu's blood? You want the blood of someone who is saying the right thing?
What exactly is wrong with us humans?” he asked. “The Law Association of Zambia has a right to comment on issues of public interest in the way they not MMD see it. I thought the MMD should surprise us at least once by coming out to congratulate Stephen and his colleagues for being true to themselves and doubt DPP Mchenga. More than forty years after independence, the ruling party still cannot tolerate different views! When are we going to 'grow up' politically and celebrate different and opposite views?”
He said there was nothing wrong with people questioning Chiluba’s acquittal since the former president plundered public resources.
“The right of participation is enshrined in the Constitution and it is so in all major political systems. A key element of this is the freedom of expression and I am glad deputy ministers Todd Chilembo and Gaston Sichilima know it hence always press conferences and press statements to castigate those who try claim it to communicate their views.
Holding dissenting opinions from the ruling party is precisely the stuff freedoms of opinion and expression is made of,” he said. “Did the ministers really think that we should all share their opinion on such a divisive issue as Chiluba's acquittal? If they have chosen not to oppose the acquittal for whatever reason (s), should all Zambians and their various professional and non-professional bodies not think differently from the MMD? What exactly is wrong with calls for appeal in Chiluba's acquittal or for LAZ to question Mchenga's stance?”
Prof Hansungule said Chiluba’s acquittal would be a subject of public discussion for a long time.
He said Chiluba had up to now not explained how he acquired the US $8 million he deposited in the Zamtrop account.
“MMD must accept that this issue will be a subject of public discourse for a long time to come. Chiluba whom they are supporting has not explained how he came to be in possession of eight million United States dollars. He has not explained and I seriously doubt if he can.
To my knowledge, there is no Christian who is a Christian who cannot be bothered to explain how he or she came to possession of such a large sum of money. Chiluba claims to be a Christian.
His salary as president for ten years is public knowledge. If this cannot be established in the established courts of law up to the highest court using institutions of state, can we still claim Zambia is a democracy based on the rule of law?” asked Prof Hansungule.
“Given the clear stand the MMD and President Banda have taken on Chiluba and his acquittal, this matter should be taken to the people for them to make their verdict in 2011.
We are dealing with the issue of corruption here and it is important all voices are heard on the issue. We must go to the people with Chiluba's salary for the ten years he was president which is public knowledge at Government Printers in Lusaka; add 20 per cent for his allowances and deducting it from eight million USD, ask people to ask the MMD who know him better to explain for him where he got the rest?
The $8 million is the money Chiluba himself admitted to have in the infamous Zamtrop account therefore he must be able to shed light on through his personal and political friends. 2011 should be an interesting year. The elections should be decided on Chiluba's case. Let's ask people to make their decisions against this background.”
Labels: MICHELO HASUNGULE, STEPHEN LUNGU
Read more...
Chief Justice’s contract raises more questions
Written by George Chellah
Tuesday, July 21, 2009 6:35:03 PM
SOUTH Africa-based human rights lawyer Professor Michelo Hansungule yesterday observed that President Rupiah Banda is the real culprit regarding the embarrassing incident of Chief Justice Ernest Sakala's expired contract.
Prof Hansugule noted that the embarrassing incident regarding Justice Sakala's expired contract was squarely in President Banda's domain.
"The Constitution left this crucial matter up to the President to decide in his absolute discretion to extend the contract of a judge including the Chief Justice who has reached mandatory sixty-five (65) years retirement. Like most things in Zambia, everything is left to the President to decide as he wishes. There is no proper guidance in the Constitution how the President would exercise his discretion to renew or to extend or to refuse to extend the expired contract. It is a bad constitutional precedent and this particular problem demonstrates it beyond doubt," Prof Hansungule said. "This is a very serious matter most of all because it directly implicates the Constitution. Besides being a sacred instrument, the Constitution is the soul of the nation. Anything that borders on the Constitution naturally should be taken seriously. John Sangwa and his law firm should be congratulated for boldly raising such an important issue and enabling the general public to know about it. Government, of course, would not have wanted us to know. Sangwa deserves praise for raising it."
However, Prof Hansungule said the issue provokes several critical questions. "For instance, should it have been John Sangwa and his firm who should have raised it? Is this right? In the circumstances of this case, John Sangwa had a case before the court which, it turned out did not go his way and after that he filed the complaint. It is important that the complaint wasn't filed before filing the appeal but after and only following the negative ruling. It is a good point to think about. If the case had gone his way, what could have been his reaction in relation to the issues of the incompetence of the Chief Justice and justice Peter Chitengi? Yet another good question to think about?
"But if the facts are as stated, Sangwa is quite clearly right the duo did not have the necessary competence to preside the court as appeal judges. It goes to the grain of the rule of law that for justice to be seen to have been fair, the court or forum that dispenses it should be seen to have been properly constituted. Again, if the facts are as explained in Sangwa's letter of complaint, then the two jurists ought not to have sat to entertain the matter due to lack of jurisdiction. It will depend very much on the facts whether the superior court justices had no jurisdiction in this particular case owing to their expired contracts. Generally, a judge whose contract has expired has no jurisdiction to preside over a new case post-retirement. So, more than anything else, facts are crucial to the determination of the matter."
He said the real culprit in this case was not the two justices as most would believe.
"Because a judge does not appoint himself or herself to the Bench, it is the appointer who should be blamed if anything regarding the appointment or subsequent appointment on contract goes wrong. President Rupiah Banda in particular being the one mentioned by the Constitution as being responsible to extend the Chief Justice's contract should bear the entire blame for the debacle. Though I am not privy to the 'behind the curtains' goings-on, I am quite sure Chief Justice Sakala and justice Chitengi would not sit on the bench post-retirement were it not have been that they were promised by the President that they would have their contracts extended as provided for in the Constitution," Prof Hansungule said. "I honestly don't think they would appoint themselves to their positions one day longer than their contract without an indication from Mr Banda that they will stay on for a further seven years. Therefore, the culprit for me is President Banda who dismally failed to comply with the minimum constitutional provisions, among other things, requiring him to take this matter to Parliament for ratification. The President must explain why this was not done. In the absence of the explanation, we would be perfectly in order to speculate that either the President has no respect for the Constitution, Parliament or he is so incapable of the basic minimum needed to discharge the functions of his office."
He said judges also must learn to not disappoint the public they were appointed to serve.
"A judge who is a judge upon retirement would refuse to step in his or her office one day more than provided in the expiring contract except with constitutional blessing. Most people in Zambia have great confidence in our judiciary. This is why peace has prevailed in the country impossible in other countries. Judges have a duty to reciprocate this and one way is to play the highest moral conduct. These politicians and their senior public servants need not be blindly followed; they can lead you to uncalled for embarrassment as in this case," Prof Hansungule said. "In any case, most of them [politicians and senior civil servants mandated to extend expired contracts] are far well-after retirement but still clinging to their positions and they would see nothing wrong with others doing the same. Almost everyone from the Secretary to the Cabinet 'retired' long time ago but they can't go. It is a culture not to go but to stick around for as long as possible. But judges must be different by insisting that they will re-occupy the office only after the sacred rules in the Constitution had been complied with to the letter."
He said the compulsory age-limit rule for judicial officers derives from what Heritage Party leader Brigadier General Godfrey Miyanda calls "curious carbon copy of the British system."
"In fact, the General should have mentioned that the entire state system he served as Vice-President and before that in the army is essentially nothing but British copy. Therefore, the rule against judges serving in perpetuity derives from Western judicial traditions. In the United States of America, virtually each State as well as federal Constitution entertains the rule. In New York state, this policy i.e. fixing by constitutional provision a limitation of age to judicial service was first established in 1822, abandoned in the Constitution in 1846, was re-established in 1869. The reason for age-limit was extensively discussed by the Court of Appeal in the United States' Gardner case (45 New York, 812, 819-820 (1871) in this case, it was explained that 'the natural decay of the powers of man might at times leave upon the bench an ineffectual judge'. As a result, a 1966 amendment authorized retired Appellate Division Justices to serve in the Appellate Division," Prof Hansungule explained. "However, that same year, the state voters rejected the amendment to allow the retired judges of Appeal Court to continue serving on that court. This [natural decay of the powers of man] was the apprehension that led the authorities at the time to introduce 'age-limits' to judges' appointments. Of course, mandatory retirement treats all judges who reach the prescribed age as if they were unfit to perform their judicial functions beyond that point. This is both inequitable and quite frankly unwise. Under the current age restriction, the country is denied the experience and ability of jurists working at the peak of their productivity and intellectual powers. This demarcation does not bear a scintilla of relationship to the country's goal of maintaining experienced and effective Judiciary.
"It comes from a concern expressed more than a century ago by the drafters of the American constitutions and was solely based on the lone argument that 'the natural decay of the powers of humanity might at times leave upon the bench an inefficient judge'. This was at a time when life expectancy was very low compared to the present day when due to phenomenon scientific advances, people in developed countries live long. Age alone does not determine a judge's functional ability. Each person ages differently. Nor does mandatory retirement consider the value of accumulated wisdom and experience on the bench. A prominent jurist and scholar who has studied the issue at length said: Judging is a late peak occupation in that judicial performance improves with age is at its best late in life and remains stable for many productive years after 70 ...' (Richard A. Posner, Aging and Older Age, University of Chicago Press (1995) at 180-181). So, it is not that simple. There are many factors involved to be a good, stable judge with a requisite temperament."
He explained that medical research strongly supports and counters the contrary view.
"It refutes the constitutional presumption that disabilities in man begin appearing at 70 years of age which is the mandatory retiring age under New York state constitution. Studies have shown that there is no decline in average intelligence until the age of 80, and that healthy older adults perform better than younger people in select areas such as knowledge about their profession and life (Staudinger, Cornelius & Baltes, The Aging of Intelligence: Potential Limits, 503 The Annals 43, 45 (1989)," Prof Hansungule said.
"On the other hand, courts have upheld the need to enact mandatory retirement laws to remove from the bench judges in which age-related disabilities are most likely to occur. While acknowledging that the premise that post-70 old judges were more likely to suffer from disabilities, the US Supreme Court has endorsed the general principle that judicial performance can deteriorate sufficiently by the age of 70 to justify mandatory retirement. However, it being not a legislative body, the Supreme Court wisely deferred the matter to the state prerogative to which it belonged (Gregory v. Achcroft 501 US 452 (1991)"
Prof Hansungule said in Zambia, the constitution opted to fix the age of mandatory retirement for judges including that of the Chief Justice at 65.
"The same document provides for the possibility to extend the retired judge's contract by an absolute seven years. Many judges have benefited from this extension while others have opted to retire. The process in which the extension has been handled lacks transparency and can even invite accusations of unfairness the way it has been handled or rather mishandled by the President and his officials. Since post-65 judges continue to perform their functions effectively and in view of the lack of proper administration system to administer this provision, the Constitution should be amended to extend the mandatory retiring age for all judges to at least 70 years," he said.
Prof Hansungule said President Banda must be made to account why this problem had happened.
"Since he is the one at the moment occupying the office of President, why did he allow retired judges to continue rendering their functions? This is important given the political nuances around this particular situation. There is an unhealthy perception that all this is happening due to the interferences by the Executive and the President in particular in the conduct of the Judiciary. This is unfortunate. President Banda's remarks recently ordering police to arrest The Post journalist and the Police's unprofessional conduct following that is an example of this interference," said Prof Hansugule.
"There are many other similar cases where the justice systems have been abused to do the bidding of the head of state. President Banda owes the nation explanation on what happened in this case. Ignoring the Constitution in this contemptuous and scandalous way calls for stiff constitutional sanctions against the President and his appropriate officials. If the Constitution, as I have indicated already, is not just useless pieces of paper, it must be used to 'fix' the one who unfixed the mandatory retirement age requirements for the Chief Justice and Supreme Court Judge. It's the only way for the rule of law and not Banda's rule to prevail."
Labels: ERNEST SAKALA, MICHELO HASUNGULE, RUPIAH BANDA
Read more...
Judge Musonda has instead damaged himself – Hansungule
Written by Ernest Chanda
Sunday, June 28, 2009 4:45:57 PM
SOUTH Africa-based human rights lawyer Professor Michelo Hansungule has said Lusaka High Court judge Phillip Musonda has not compromised or damaged the Judiciary but has instead damaged himself over the Dora Siliya matter.
Commenting on President Rupiah Banda's defence of education minister Siliya's reappointment soon after she was cleared by Lusaka High Court judge Musonda of breaching the Constitution as found by the judge Dennis Chirwa-chaired tribunal, Prof Hansungule said looking at the President's defence of Siliya it was easy to understand why Judge Musonda ruled in her favour.
"People have suggested that the Supreme Court has been damaged or compromised through the Siliya case, quite the contrary. It is not possible for the Supreme Court or the Judiciary for that matter to be damaged by this Siliya and Banda thing. The Judiciary in Zambia, and the Supreme Court in particular, is larger than Siliya or judge Musonda. It is not possible that judge Musonda can damage or compromise the Zambian Judiciary," observed Prof Hansungule, a lecturer at the University of Pretoria.
"Rather, judge Musonda's judgment especially the comments he made on his seniors damages him and President Banda and his government. Everyone knows how this case came about and what President Banda said in his first remarks in support of Siliya. Therefore, it goes without saying what kind of judgment the President wanted and with these facts, I doubt if judge Musonda would have arrived at a different decision. The Supreme Court cannot be compromised by this strange case. It is a particular case anyone who read what was said by the President and his vice [George Kunda] cannot fail to understand why it has turned out the way it has."
Prof Hansungule said the people of Zambia were now left with a choice to judge who was wrong between the tribunal and the High Court.
"The three judges on the tribunal sat for hours listening to evidence and watching the demeanor of witnesses before coming to the conclusion they did. A judge who did not have the benefit of witnesses talking to him or her cannot come up with a decision bearing on facts he was not privy to. The particular judges on the tribunal are among some of the most respected judicial minds in the legal circles in the Commonwealth. Given what has happened, one must make their own minds as to which between the tribunal and the court was right," he said.
Prof Hansungule charged that President Banda was encouraging indiscipline in the public service.
He said the act of re-appointing Siliya to Cabinet was regrettable.
"Now that President Banda has shed light on his controversial decisions particularly with regards to the Dora Siliya case, it is important to make some observations. This is a very regrettable development that a clear case of indiscipline has been handled so badly by President Banda who should have approached it just like any other case," said Prof Hansungule.
"The only reason why President Banda can afford to be so hard-headed as in the instant case is that democracy has not yet matured in Zambia. He cannot dare this in matured democracies. It is unfortunate but all this adds to the poverty in the everyday life of majority of people."
Recently, judge Musonda cleared Siliya of breaching the Constitution when she ignored the legal advice of the Attorney General on the engagement of RP Capital Partners to value Zamtel assets as found by the tribunal. A day later, President Banda, who initially defended Siliya on the matter, appointed her as education minister.
However, various stakeholders expressed concern over the President's swift decision but the head of state last week proudly made it clear that he did not need permission from the opposition political parties and students to make appointments, saying he was happy that Siliya had been cleared by the court.
Labels: MICHELO HASUNGULE, PHILLIP MUSONDA
Read more...
Rupiah was unpresidential over Dora – Hasungule
Written by Maluba Jere in Livingstone
Monday, April 27, 2009 3:25:37 PM
IT is unpresidential for President Rupiah Banda to support Dora Siliya even after being found guilty of breaching the Constitution in her involvement in the RP Capital deal, University of Pretoria human rights law professor Michelo Hansungule has said. And Prof Hansungule has advised lawyers to uphold the truth because the community holds them in high esteem.
In an interview at the just- ended Law Association of Zambia (LAZ) annual general meeting in Livingstone, Prof Hansungule said President Banda should not have rushed to support former transport and communications minister, Siliya, because the public had a right to demand accountability from their leaders.
“His response was unpresidential, a President does not try to jump to conclusions, he should have waited for the final outcome,” he said. “The public has a right to demand accountability from the President and his ministers, so they were right in demanding an explanation from the public officials. The president cannot come from behind to provide evidence that was not before the tribunal that the minister was misled by the Attorney General’s chambers, the tribunal did not say that in its findings.”
Prof Hansungule said President Banda should have dismissed Siliya and not allowed her to resign.
“Her resignation means that she will go with benefits because she has not been subjected to disciplinary action,” he said. “It also means that the President has refused to act based on the tribunal findings. This means no action has been taken because Siliya should have been dismissed and not her resigning.”
And Prof Hansungule said LAZ is an important association which should uphold the truth at all times. He said LAZ played an important role in guiding society on a number of issues such as democratisation.
“Yesterday [Friday] when I addressed the lawyers, I expressed disappointment that when lawyers go into politics, they vacillate, they change and that is not how they are supposed to behave,” Prof Hansungule said. “They should remain lawyers because of the trust the community has in them, they are held in high esteem.”
He also urged the executive of the LAZ to be exemplary and inspire people to take up leadership roles in society.
“The leadership of LAZ is a critical component of democratisation and it is important that that leadership is exemplary,” said Prof Hansungule.
Labels: DORA SILIYA, MICHELO HASUNGULE, RUPIAH BANDA
Read more...
Hansungule tells Rupiah to consider resigning
Written by Ernest Chanda
Wednesday, March 11, 2009 5:05:49 PM
UNIVERSITY of Pretoria Human Rights Law lecturer Professor Michelo Hansungule has asked President Rupiah Banda to leave public office if he does not want to be criticised by the media.
Commenting on President Banda's relentless threats to close The Post newspaper, Prof Hansungule said the President's conduct does not befit a public officer.
"From his remarks, it is quite clear that President Banda wants to be left alone to govern without any criticism from the media. He does not want the media to put him under scrutiny for his inactions and actions as a public official. I would actually agree with him that he and his officials must be left alone but then they must leave public office in order to enjoy their privacy," Prof Hansungule said.
"I personally do not understand why a person who is so sensitive to criticism should leave his or her private domain and venture into public office? President Banda should be aware of the elementary principle of governance that the public are entitled to know how they are governed by those they supposedly put in power and how those in power make their decisions.
"If you think The Post, for instance, has accused you unfairly, you have every right to hurl them before courts and let them prove their allegations. I don't think President Banda is so broke that he cannot afford to drag Fred M'membe to court to ask him to test his allegations. Why has President Banda not gone to court to challenge The Post's allegations, which have been running since the election campaigns? Could it be that there is something in the allegations that he may find difficult to disprove? As long as he will not go to the courts but choose to clear his name through rented cadres, doubts about his credibility will remain."
Prof Hansungule said The Post, like any other media, had a right to inform the public on issues of public interest.
"Fred M'membe and the young people at The Post are just expressing their views about various governance issues in the editorials of their paper. This is democracy. Based on the stories they receive from the general public, they have every right to inform the public and to comment on them as they see them. Since we have a robust system of justice, why not go there to complain on an unfair publication than threaten to close them?" he asked.
"Closing a paper does not close people from talking about the wrongs that are going on. It is just a temporary setback that a critical opinion has been silenced because one cannot close the millions of critical opinions out there, which fed The Post. Since he said it to his party cadres, can I challenge the President to make real his threats and close The Post this coming week?"
He called on the MMD to condemn their leader if they truly believed in press freedom.
"The Movement for Multiparty Democracy (MMD) should unreservedly condemn their acting party president Rupiah Banda for issuing serious threats against press freedom in Zambia during his remarks to MMD party cadres. As the ruling party, the MMD cannot afford to be seen to be condoning acts which run counter to the letter, let alone the spirit of the constitution the party in government is obliged to uphold whatever the cost. Threats against press freedom undermine the fabric of the country's system of governance and raise questions about the fitness of those in government to govern. This is an unfortunate development which a party in government which supposedly cherishes democracy must never even appear to be condoning," said Prof Hansungule.
Labels: MICHELO HASUNGULE, PRESS FREEDOM, RUPIAH BANDA
Read more...
Kunda has proved himself a total letdown – Hansungule
Written by Ernest Chanda and Margaret Mtonga
Monday, February 23, 2009 4:40:15 AM
VICE-PRESIDENT George Kunda has proved himself as a total letdown on the RP Capital and Zamtel deal, University of Pretoria human rights law lecturer Professor Michelo Hansungule has observed. And UPND president Hakainde Hichilema has said Vice-President Kunda has no constitutional authority to stop Zambians from demanding Dora Siliya's resignation.
Commenting on recent revelations about communications and Transport minister Dora Siliya's engagement of RP Capital Partners to value Zamtel before its partial privatisation, Prof Hansungule said Vice-President Kunda should have been sober enough to address Siliya's misconduct.
"Vice-President George Kunda has proved himself in this case as a total letdown. Instead of addressing a very simple issue that Dora was wrong because she thought she could be minister, permanent secretary, Tender Board and Attorney General, he started lecturing on the constitution, procurement Act... and a very bad and boring lecture at that! Is that how they work? With this bad governance around, should we still look around for the enemy for our poverty?" Prof Hansungule asked.
"As I understand it from the media, the case is very simple. Dora was utterly wrong to ignore what [Brigadier] General [Godfrey] Miyanda rightly described as basic guidelines on ministerial responsibilities and particularly in this case the rules and policy governing public procurement of goods and services. LAZ [Law Association o Zambia] has properly advised the binding nature of the Attorney General's advice. What was Dora trying to achieve with her tantrums in Parliament after LAZ had spoken as frankly as it did?"
He called on President Rupiah Banda to clean up the mess created by his Vice-President.
"President Banda must sort out this mess Vice-President Kunda has created. As General Miyanda said, get Kunda out as he has completely embarrassed him. I can't even talk about Dora, she should have left 'yesterday' the minute she was exposed trying to be Attorney General which is a very serious indictment of the constitution," Prof Hansungule said.
"In the constitution, people said the Attorney General shall advise government on all matters to do with contracts but now comes another person who puts their silly interpretation which undermines this basic law!"
Prof Hansungule said it was now clear that Zambians should go for a revolution and vote out the MMD government in the 2011 election.
"The biggest lesson from this unfortunate development is that the electorate must remove the MMD from power in the next election. Nineteen years for the same party to be in power is too long. The electorate should move in and clean the room in 2011. Try another political party or parties as part of the search for good governance. Focusing on just removing individuals though important is not enough. Removing the party and trying another one is such an important principle of democracy that democracy cannot grow let alone develop without it. After staying in power for a long time, they tend to take things for granted. This is what is at play here," Prof Hansungule said.
"The important lesson from the Dora debacle is that there must be a 'mini-revolution' in 2011 to try and start again and see how the next ones will perform. In fact, it is important for the MMD to be put on opposition benches after this long because this is how democracy could be strengthened. An example of this is former ministers [Ng'andu] Magande and [Sylvia] Masebo. Anyone who has followed their debates in Parliament after they were relieved of their duties would see that they are now effectively questioning anything government brings into the House.
"They are using their experience in government to get government jacked-up. The same should happen with the MMD. It has acquired a lot of experience in the last nineteen years in government to put to good use as opposition."
Prof Hansungule said it was clear that every government official was in support of Siliya's actions.
"President Banda has shown his side here. Vice-President Kunda has shown his side here. The MMD and government have not said anything different from the President and Vice-President against Dora's misfeasance. In their silence those that have not spoken, we can see they see nothing wrong. This is terrible for the country," he said.
Prof Hansungule said it was embarrassing that the government was going against principles it sought to achieve under the Africa Peer Review Mechanism (APRM).
"It is a pity that Zambia can easily find herself in such embarrassing but avoidable incidents as the one triggered by Dora Siliya, President Banda and Vice-President Kunda's unfortunate handling of the privatisation of Zamtel. For a country that is undergoing peer review, it is a shame that government could simultaneously be fighting the very principles it seeks to achieve under the peer review," Prof Hansungule said.
Vice-President Kunda last week said there was nothing irregular about Siliya's engagement of RP Capital Partners of Cayman Islands to value Zamtel.
And commenting on Vice-President Kunda's statement that there was no law or precedent, which compels the minister who is before the tribunal to go on leave, Hichilema said it was not the Vice-President's wish for Siliya to step down but the Zambian people.
"It is not Rupiah Banda's calls or the Vice-President George Kunda who wants Dora to resign. It is the Zambians," he said. "The tribunal will take a long time therefore there is need for Siliya to step down to allow non-interference of the process."
Hichilema said if Siliya exhibited professionalism, she would have stepped down without even waiting for people to tell her to do so.
"Dora should step down on her own to allow the tribunal not to be interfered with," he said. "If she cannot leave on her own Rupiah should instruct her to do so and if President Banda fails to tell her, the people of Zambia will help her to step down," Hichilema said.
He said Vice-President Kunda should not think that the matters at the Ministry of Communications and Transport were his own personal issues to handle.
"The RP Capital Partners is not a thing that [Vice-President] Kunda should handle in the manner he is doing. In fact, the whole issue of this contract of RP Capital should be cancelled because of the corruption in the way it has been conducted," Hichilema said.
He said there was no way a contractor with professional morals would continue with such a project that was associated with a lot of corruption.
"Dora and the RP Capital should both resign as they cannot continue working in such a corrupt environment," said Hichilema. "The project should be given to a Zambian because Dora and the RP Capital are not supposed to be allowed to continue with the project."
Following the acting Chief Justice's decision to set up a tribunal to investigate Siliya's alleged abuse of office, various stakeholders in the country have called on the minister to step down to avoid interference in the matter.
But on Saturday, Vice-President Kunda said there was no law or precedent, which compels the minister in question to go on leave or her suspension pending the conclusion of such an inquiry.
Vice-President Kunda said the tribunal to be set up by Justice Ireen Mambimilima would conduct an inquiry not a criminal trial as Siliya had not been charged with a criminal offence.
Labels: CORRUPTION, GEORGE KUNDA, MICHELO HASUNGULE, PRIVATISATION, RP CAPITAL PARTNERS, ZAMTEL
Read more...
Nalubamba urges govt to involve chiefs in development planning
Written by Gillian Namungala in Namwala
Monday, December 15, 2008 5:04:28 AM
THERE can never be any tangible development in the country as long as the government does not engage chiefs, Mbeza Royal Establishment chairman senior chief Nalubamba has said.
Speaking during a sitting by the establishment to discuss its rural development plan, chief Nalubamba said as long as chiefs were left out, the country would not attain any meaningful development.
Chief Nalubamba, who bemoaned the lack of flow of information between chiefs and the government, said the chiefs had no contacts with government officials.
“Some of the chiefs and subjects do not even know their MPs. How do you expect them to have access to information on what developmental projects are taking place in their areas?” he asked.
“Why is it difficult for these ministers to travel to chiefdoms to share and exchange views on development?”
Chief Nalubamba said it would be easy to implement projects if government officials could sit to listen to the problems affecting their areas.
“I told President Rupiah Banda to visit chiefs and explain his plan for this country. Knowledge is power and we need it, so let them spare time to visit areas than spending time on cell phones,” he said.
And senior headman Mark Mutonga said chiefs should stay in politics permanently.
Mutonga said it was unfortunate for politicians to refuse chiefs from participating in politics when it was chiefs that brought independence.
“During colonial times the whites found chiefs here and not politicians; even MPs are supposed to be under us because we are the owners of the land,” he said.
And at the same discussion professor of human rights Michelo Hansungule said it was unfair for chiefs not to be allowed in politics because they were the ones who started them.
“It is there on paper that chiefs were the first ones to be involved in politics as they were very much involved in getting independence,” said Prof Hansungule.
And Prof Hansungule has urged people to demand development.
He said development was a human right which the government should give to the people.
And Women for Change (WFC) Central Province facilitator Chris Chingelengele also stressed the need for chiefs to be involved in politics if rural areas were to develop.
Labels: CHIEF NALUBAMBA, CHIEFS, CHRIS CHINGELENGELE, DEVELOPMENT, MICHELO HASUNGULE
Read more...
Sata’s statements on the NCC make sense, says Hansungule
Written by Gillian Namungala
Sunday, December 14, 2008 10:03:23 AM
PEOPLE should not just think PF president Michael Sata is mad when he says the government is spending a lot of money on the National Constitutional Conference (NCC), University of Pretoria professor of human rights, Michelo Hansungule has said.
In an interview on Friday, Prof Hansungule said Sata’s statements on the NCC made sense as the government was spending huge sums of money on what was already there.
“We should not just say there is nothing Sata is saying, but the draft and the final constitution which was done by the CRC is already there. What was needed was to improve on it than restarting the whole process again,” he said
“What more is there to write which is not in the Constitution? Because everything is there. Malawi took three days and has one of the best constitutions, but here we want to spend years to come up with a document which we already have.”
He said the government should start reducing on expenditure as it was causing inflation.
Prof Hansungule, who said the current financial meltdown would be worse in the next few years, suggested the need for the government to reduce on internal and external expenditure.
“The problem we have in this country is we are too dependent on the western world. We import so much when we can just utilise our local market. So, in this global financial crisis we should try to spend money locally as one way of supporting the local industry” he said
Prof Hansungule expressed concern that a lot of people would lose employment during this financial crisis.
“I propose that government look internally and look up with policies that will help build internal capacity than relying on external means,” he said
Prof Hansungule has since called on the government to cut down on expenditure and begin to spend money locally as a way of helping the companies.
“It is surprising that every election this government contracts an Indian company and pays it a lot of money to print ballot papers, a job that if Government Printers were paid that money, they can buy machines and do that work and save money by helping the local companies” said Prof Hansungule.
Labels: MICHELO HASUNGULE, NCC, SATA
Read more...
Hansungule attributes SA attacks to state failure
By Brighton Phiri
Monday June 02, 2008 [04:01]
THE xenophobic attacks on foreigners in South Africa are a classical case of state failure, Professor Michelo Hansungule has said. And Prof Hansungule said President Levy Mwanawasa's reconciliation with opposition Patriotic Front (PF) president, Michael Sata is a marriage of convenience. Commenting on the xenophobic attacks on foreigners in South Africa, which have left over 50 people dead and 25,000 displaced, Prof Hansungule, who is law lecturer at University of Pretoria, said the violence confirmed that the state never existed in South Africa's townships.
"What is happening is classical case of state failure. There is no state in the townships. It is a complete shame," he said.
Prof Hansungule wondered why South African President Thabo Mbeki only condemned the violence 14 days after a lot of people had shed their lives.
"He reacted, I believe, only because the Sunday Times publicly demanded for his dismissal or resignation. For a man who talks about renaissance and all that, his personal style of governance is incredibly ineffective," Prof Hansungule said.
The attacks, which started on May 11 in Johannesburg's Alexandra, have spread to seven of South Africa's nine provinces.
On Friday, acting home affairs minister George Mpombo said more than 100 Zambians were trapped in various camps following the violent attacks.
On Saturday, Zambia's High Commissioner to South Africa Leslie Mbula said the number of Zambian nationals affected by the attacks had reached 114 following a discovery of eight people at the temporary shelters set up in various parts of Johannesburg.
High Commissioner Mbula said apart from damage to property, there had been no deaths or serious injuries reported among the Zambian community.
According to the mission, there are 57 Zambians sheltering at Jeppe Police Station, 44 at Cleveland Police Station, one at Alexandra Police Station, eight at Primrose Methodist Church and four at Johannesburg Central Methodist Church.
High Commissioner Mbula said of the 114, 30 had expressed willingness to return to Zambia and that the mission was negotiating with bus owners to see how they could be assisted.
Hundreds of Mozambicans and Malawians have since returned to their countries while the Zimbabwean government has sent buses and trucks to repatriate that country's victims who are the majority.
And on President Mwanawasa and Sata's reconciliation, Prof. Hansungule said the sudden 'marriage' between the two leaders was nothing more than a marriage of convenience.
"In my life, I have never believed politicians, never. If they can 'marry' so easily after so many years of personal outbursts against each other on things only themselves know about and can understand, I have no doubt they can break as easily as they connected," said Prof. Hansungule. "I think it is important for people not to be overly concerned about what they do as individuals towards each other.
The most important thing is how to think beyond each one of us, how to think Zambia! If there are any differences and there should be, they should be on big things like the policy and strategy against poverty or governance. They say there are no permanent enemies in politics. If this is the case, then it follows there are no permanent friends either."
Labels: MICHELO HASUNGULE, XENOPHOBIA
Read more...
Hansungule asks stakeholders to meet their expenses at NCC
By Brighton Phiri
Friday October 19, 2007 [04:00]
Proffesor Michelo Hansungule has asked all stakeholders to pay for their participation in the National Constitutional Conference (NCC) in order to avoid any undue influence by the government Prof Hansungule, who is law lecturer at University of Pretoria, said it was possible to find committed women and men in the country, who would pay for their expenses during the NCC sessions.
“We need women and men who will pay for their expenses instead of being paid by the government for participating in NCC so that they are above any influence. Money is the source of all evils and we can see that even if the NCC Act is reconstructed to provide a much more fairer ground, money will still influence the process,” he said.
Prof Hansungule said money takes away the sacredness of the constitution and reduces the document and its content to a mere paper and ink, respectively.
“Stakeholders must work flat out to fight this because it is a serious danger to the whole concept. It should be possible, for example, to find women and men particularly the chairman and executive members of the Conference that will declare in advance that they are not in it for money,” he said.
Prof Hansungule said the constitution-making process should reflect certain minimum values.
“It being the most important activity the country engages in as a collective, it is hardly surprising that values must come first. It is important to recognise that more than the narrow provisions of the NCC Act, the real outcome of the Conference will flow only from its values,” he said.
“In other words, in reading the NCC Act, one must try and go beyond the provisions to the values beneath it to fully understand the whole story.”
Prof Hansungule said Zambians should be cautious with the government’s announcement that a sum of money had been set aside to fund the process when they had been, for many years, using the lack of money argument as the main obstacle against the holding of the Constituent Assembly demanded by various stakeholders.
“This is not exactly good news. It is good that money has been found to pay for the venue, paper, logistics like transport costs, etc. What is seriously worrying is that a big chunk of it will go towards compensation to the delegates,” he said.
“This is worrying because it is equal to corruption. All through Zambia’s constitution making processes, government has paid those appointed for writing the Constitution. The Constitution is a sacred document. It should not be driven by money. Hefty allowances paid to commissioners in the past and to be paid to the delegates grievously affects this sacredness.”
Labels: MICHELO HASUNGULE, NCC
Read more...
