Matibini urges SADC to use its wealth for development
By Kabanda Chulu
Sat 07 Dec. 2013, 14:00 CAT
SPEAKER of the National Assembly Patrick Matibini has challenged SADC countries to utilise their natural resources to drive their socioeconomic development agenda.
And Southern Africa Development Community Parliamentary Forum (SADC-PF) secretary general Esau Chiviya says there is need to change the current practice where the executive arm of government dominates the agreements on the exploitation and utilisation of mineral resources.
Officially launching the Southern Africa Development Community Parliamentary Forum Barometer for natural resource governance and monitoring in the region, Dr Matibini yesterday said the scramble for access to natural resources had intensified due to increased demand from emerging economies.
"This is reflected in commodity prices, which are currently at historic highs. This has opened up an opportunity for commodity-producing countries such as those in Southern Africa to utilise their natural resources to drive their socioeconomic development agenda," he said.
He said natural resources belonged to all the citizens of a country.
"Citizens therefore have legitimate expectations that exploitations of their natural resources will result in improved livelihoods. Thus, citizens have a right not only to be involved (through their elected representatives) in how these resources are exploited but also to benefit from such exploitation," Dr Matibini said.
"However, these expectations, legitimate as they may be, must be balanced with the need to ensure sustainability in the utilisation of these resources."
He said the Barometer was an instrument that parliaments, civil society groups, labour organisations, media and communities could use to monitor how governments and companies are managing natural resources.
"The Barometer has the potential to increase transparency, accountability in the management of natural resources as well as respect for human rights and protection of the environment," said Dr Matibini.
And Chiviya said there was need to change the current practice where the Executive arm of government dominates the agreements on exploitation and utilisation of mineral resources.
"The constitutional role of Parliament in exercising oversight on the utilisation and exploitation of the mineral resources is not recognised. Yet the three core functions of Parliament that include representing constituent interests, legislating and oversight on the activities and performance of the Executive are essential if the exploitation of mineral resources by mining companies is to benefit SADC citizens," said Dr Chiviya.
Southern Africa Resource Watch (SARW) director Claude Kabemba said the Barometer was designed primarily for parliamentarians.
"Due to nature of politics in many African countries, parliamentarians have little knowledge of what is happening in the extractive industries sector. They contribute very little to the debate on these issues and are disconnected from the demands of their people. Therefore, the Barometer will help parliamentarians to be able to ask serious questions about natural resources," said Kabemba.
Labels: PATRICK MATIBINI, POVERTY, SADC
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Revocation of SI 89 may delay revenue to treasury - Chikwanda
By Abel Mboozi
Sat 02 Nov. 2013, 14:01 CAT
FINANCE minister Alexander Chikwanda on Thursday told Parliament that the reversed SI89 was issued as a cash flow management measure to avoid a situation where the government will be compelled to resort to short-term borrowing at high cost or curtailing expenditure to institutions due to non-receipt of mineral royalties.
And Chikwanda says the revocation of Statutory Instrument number 89 will not occasion any revenue losses but may only result in further delays of revenue to the treasury.
He explained that the rationale of SI 89 was to ensure that revenues from the mines to the national treasury were not unduly delayed as a result of the stockpiling that was currently going on.
He said according to section 134 of the mines and minerals development Act, mineral loyalty was due when minerals were sold either in raw or processed form.
"Given that mining companies have been producing and stockpiling, the government has not been able to receive revenues as projected to fund its operations," he said.
"The issuance of SI 89 was part of the cash flow management so that government could not be compelled to resort to short term borrowing at high cost or curtailing expenditure to institutions due to non receipt of mineral royalties."
Chikwanda said the delay in receiving mineral royalty on copper ores and concentrates was dependent on the time it would take the mining companies to process and sell copper.
On Wednesday, Speaker of the National Assembly Patrick Matibini directed Chikwanda to provide an explanation on the SI 89 of 2013 and implications of its re-alignment at the behest of President Michael Sata.
Speaker Matibini gave the directive following a point of order by Mwandi MMD member of parliament Michael Kaingu who asked what the financial implication of the realigned SI was.
Earlier in the week, Chikwanda told the parliamentary committee on estimates that reversal of the SI would cost the country revenue because of inadequate smelting capacity.
On Monday, President Sata cancelled Statutory Instrument Number 89 which Chikwanda signed on October 4.
SI 89 which was to be in force up to September 30, 2014 was to reverse the November 2011 decision of the PF government to impose a 10 per cent export levy on copper concentrates and ores to encourage value addition to copper exports and improve accountability in the vast mining sector.
SI 89 has since been replaced with SI 99 which has reinstated the 10 per cent export duty on copper concentrates and ores which Chikwanda briefly abolished after being lobbied by First Quantum Minerals and Lubambe Copper Mines.
And local government minister Emmerine Kabanshi told Parliament on Thursday that her ministry had received K50 million to pay off constituencies that had not received their Constituency Development Fund.
In her policy debate on the budget, Kabanshi dispelled allegations that the government was segregative in the way it administered CDF.
"MPs that have not received CDF should remain patient, besides the treasury has just released K50 million and the 38 remaining constituencies will be paid off. There is no segregation in the way this fund is administered," said Kabanshi.
Labels: ALEXANDER CHIKWANDA, PATRICK MATIBINI, STATUTORY INSTRUMENT 89, TAX EVASION
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Revocation of SI 89 may delay revenue to treasury - Chikwanda
By Abel Mboozi
Sat 02 Nov. 2013, 14:01 CAT
FINANCE minister Alexander Chikwanda on Thursday told Parliament that the reversed SI89 was issued as a cash flow management measure to avoid a situation where the government will be compelled to resort to short-term borrowing at high cost or curtailing expenditure to institutions due to non-receipt of mineral royalties.
And Chikwanda says the revocation of Statutory Instrument number 89 will not occasion any revenue losses but may only result in further delays of revenue to the treasury.
He explained that the rationale of SI 89 was to ensure that revenues from the mines to the national treasury were not unduly delayed as a result of the stockpiling that was currently going on.
He said according to section 134 of the mines and minerals development Act, mineral loyalty was due when minerals were sold either in raw or processed form.
"Given that mining companies have been producing and stockpiling, the government has not been able to receive revenues as projected to fund its operations," he said.
"The issuance of SI 89 was part of the cash flow management so that government could not be compelled to resort to short term borrowing at high cost or curtailing expenditure to institutions due to non receipt of mineral royalties."
Chikwanda said the delay in receiving mineral royalty on copper ores and concentrates was dependent on the time it would take the mining companies to process and sell copper.
On Wednesday, Speaker of the National Assembly Patrick Matibini directed Chikwanda to provide an explanation on the SI 89 of 2013 and implications of its re-alignment at the behest of President Michael Sata.
Speaker Matibini gave the directive following a point of order by Mwandi MMD member of parliament Michael Kaingu who asked what the financial implication of the realigned SI was.
Earlier in the week, Chikwanda told the parliamentary committee on estimates that reversal of the SI would cost the country revenue because of inadequate smelting capacity.
On Monday, President Sata cancelled Statutory Instrument Number 89 which Chikwanda signed on October 4.
SI 89 which was to be in force up to September 30, 2014 was to reverse the November 2011 decision of the PF government to impose a 10 per cent export levy on copper concentrates and ores to encourage value addition to copper exports and improve accountability in the vast mining sector.
SI 89 has since been replaced with SI 99 which has reinstated the 10 per cent export duty on copper concentrates and ores which Chikwanda briefly abolished after being lobbied by First Quantum Minerals and Lubambe Copper Mines.
And local government minister Emmerine Kabanshi told Parliament on Thursday that her ministry had received K50 million to pay off constituencies that had not received their Constituency Development Fund.
In her policy debate on the budget, Kabanshi dispelled allegations that the government was segregative in the way it administered CDF.
"MPs that have not received CDF should remain patient, besides the treasury has just released K50 million and the 38 remaining constituencies will be paid off. There is no segregation in the way this fund is administered," said Kabanshi.
Labels: ALEXANDER CHIKWANDA, PATRICK MATIBINI, STATUTORY INSTRUMENT 89, TAX EVASION
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Matibini calls for intra-Africa trade
By Masuzyo Chakwe
Sat 17 Aug. 2013, 14:01 CAT
SPEAKER of the National Assembly Dr Patrick Matibini says Africa needs to eliminate the unfortunate legacy of conducting more trade with other continents when there is very little intra-Africa trade. And Speaker Matibini says Africa's present state is due to colonialism.
Speaker Matibini, who is currently attending a conference at the Pan-African Parliament (PAP) in South Africa, said yesterday that to enhance trade on the continent, Africa needed to address the question of eliminating barriers by harmonising policies and legislation, stressing that that was one of the subjects being looked at during the ongoing meeting.
He said what needed to be looked at was taking advantage of each country's competitive advantage and maximise their use in the region.
Speaker Matibini cited the development of telecommunications, the road and rail network as some of the key infrastructure that needed to be rationalised in order to push the agenda for the region.
"The unfortunate legacy that needs to be replaced is where most of the trade is actually done with other continents; Europe, Americas, the Asia and so forth; and yet among Africa countries there is very little trade going on," Speaker Matibini observed in a statement issued by first secretary for press at Zambia's High Commission in South Africa, Patson Chilemba.
He stressed the need for the development of strategies within the legislative branches of government that would assist their counterparts in the Executive to accelerate the integration of African economies, thereby increasing trade which would then translate into poverty reduction and wealth sharing.
Speaker Matibini said the Zambian Parliament was part of the broad strategy to ensure that Africa harmonised its policies and programmes for increased international trade on the continent, adding that in the absence of legislative power, PAP could come up with prototype laws which could then be adopted by member countries.
"Through participation of the Speakers and delegates to PAP, members of parliament, together they can develop legislation which would be sold, so to speak, to the national Parliaments so that we develop a common approach and standards towards legislation," Speaker Matibini said, adding that this was feasible.
"You see we have so much in common than differences. And as you know Africa in its present state, boundaries etc, is actually a legacy of colonialism…I think it would be beneficial if we use all our comparative advantages to ensure that we promote trade amongst African countries."
Speaker Matibini was leading a Zambian delegation to the 2013 Conference of Speakers of African Parliaments in Midrand, South Africa. The conference which started on Thursday ended yesterday.
Other members of the delegation included Doris Katai Mwinga, Clerk of the National Assembly; Roy Ngulube, executive assistant to the Speaker, and John Chelu, aide-de-camp to the Speaker.
Labels: COLONIALISM, PATRICK MATIBINI
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Matibini calls for intra-Africa trade
By Masuzyo Chakwe
Sat 17 Aug. 2013, 14:01 CAT
SPEAKER of the National Assembly Dr Patrick Matibini says Africa needs to eliminate the unfortunate legacy of conducting more trade with other continents when there is very little intra-Africa trade. And Speaker Matibini says Africa's present state is due to colonialism.
Speaker Matibini, who is currently attending a conference at the Pan-African Parliament (PAP) in South Africa, said yesterday that to enhance trade on the continent, Africa needed to address the question of eliminating barriers by harmonising policies and legislation, stressing that that was one of the subjects being looked at during the ongoing meeting.
He said what needed to be looked at was taking advantage of each country's competitive advantage and maximise their use in the region.
Speaker Matibini cited the development of telecommunications, the road and rail network as some of the key infrastructure that needed to be rationalised in order to push the agenda for the region.
"The unfortunate legacy that needs to be replaced is where most of the trade is actually done with other continents; Europe, Americas, the Asia and so forth; and yet among Africa countries there is very little trade going on," Speaker Matibini observed in a statement issued by first secretary for press at Zambia's High Commission in South Africa, Patson Chilemba.
He stressed the need for the development of strategies within the legislative branches of government that would assist their counterparts in the Executive to accelerate the integration of African economies, thereby increasing trade which would then translate into poverty reduction and wealth sharing.
Speaker Matibini said the Zambian Parliament was part of the broad strategy to ensure that Africa harmonised its policies and programmes for increased international trade on the continent, adding that in the absence of legislative power, PAP could come up with prototype laws which could then be adopted by member countries.
"Through participation of the Speakers and delegates to PAP, members of parliament, together they can develop legislation which would be sold, so to speak, to the national Parliaments so that we develop a common approach and standards towards legislation," Speaker Matibini said, adding that this was feasible.
"You see we have so much in common than differences. And as you know Africa in its present state, boundaries etc, is actually a legacy of colonialism…I think it would be beneficial if we use all our comparative advantages to ensure that we promote trade amongst African countries."
Speaker Matibini was leading a Zambian delegation to the 2013 Conference of Speakers of African Parliaments in Midrand, South Africa. The conference which started on Thursday ended yesterday.
Other members of the delegation included Doris Katai Mwinga, Clerk of the National Assembly; Roy Ngulube, executive assistant to the Speaker, and John Chelu, aide-de-camp to the Speaker.
Labels: PATRICK MATIBINI, REGIONAL INTEGRATION, TRADE
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Opposition walkout not appropriate - Matibini
By Mwala Kalaluka and Mukosha Funga
Fri 19 Oct. 2012, 14:00 CAT
SPEAKER of the National Assembly Dr Patrick Matibini said it is not appropriate for legislators to abdicate their function.
Only two opposition members of parliament and MMD parliamentarians appointed into the PF cabinet remained in their seats after a bulk of legislators from the MMD and the UPND walked out of the House over finance minister Alexander Chikwanda's absence.
During resumption of debate on the 2013 national budget in the House on Wednesday afternoon, Nalikwanda MMD member of parliament Professor Geoffrey Lungwangwa asked whether it was in order for Chikwanda, who is also acting President, to be absent from the chamber when the motion he had moved was under debate.
Prof Lungwangwa, who earlier addressed a caucus of MMD members of parliament on the balcony at Parliament building during the 16:15 tea break, said Chikwanda should have been present in the House to take note of the pertinent issues raised by the legislators during the debate.
"We have not been informed as to who is the Minister of Finance in this House," said Prof Lungwangwa. "Is it in order for the procedure of the House to be handled in this manner, which to a large extent is highly unsatisfactory?"
In his ruling, Speaker Matibini said the subject had been raised the previous day but he reiterated that issues of government portfolios in the House were a preserve of the leader of government business, the Vice-President.
"There is no requirement to announce the various changes," Speaker Matibini said. "As far as the Office of the Speaker is concerned, no such changes have been made and notified...So on that premise, I shall proceed on the basis that the substantive holder is still performing that portfolio as Minister of Finance."
Speaker Matibini said apart from the leader of government business, all ministers had deputies.
"Since yesterday (Tuesday) the deputy minister of finance has been present and I certainly believe and I don't have the slightest doubt that he has the ability to follow through the debate," Speaker Matibini said. "As far as I see it, there is no lacuna in terms of functioning of the House. I empathise that obviously the presence of the Minister of Finance is quite inspiring in the House, very reassuring but there is no dysfunctionality here at all."
Speaker Matibini said he did not see any constitutional crisis arising from Chikwanda's absence and he ordered that the debate on the budget should proceed upon which the opposition legislators stood from their various vantages on the left side and left the House.
Ruling on another point of order raised by deputy minister in the Office of the Vice-President Harry Kalaba over the opposition's walk out, Speaker Matibini said it was inappropriate for parliamentarians to abdicate their function.
"Is it in order for all those on your left to continue at government cost... and receiving allowances from taxpayer's money to come here and not doing the business they are supposed to? Not representing the people they should?" Kalaba asked Speaker Matibini who responded:
"We will continue doing our business in the manner we are. It is not clear why they left but it might be because of the ruling I have rendered that the debate should go on even in the absence of the finance minister. No dysfunctionality and once the ruling is made, it should be respected. I expect all Members of Parliament on the left and on the right to attend to the business of the House. It is not appropriate to abdicate that function."
But Nangoma UPND member of parliament Boyd Hamusonde and his Kabompo East MMD counterpart Danny Chingimbu remained in the House.
Outside the debating chamber, Chadiza MMD member of parliament Allan Mbewe loudly complained that whatever issues the opposition legislators raised before the Speaker were regarded as nonsense.
Other opposition members of parliament converged in the car park on the eastern side of the building before driving away from the premises.
Meanwhile, contributing to the 2013 budget debate, Kamfinsa member of parliament Moses Chishimba said the opposition had nothing to say over the budget hence their resolve to stage walk outs whenever the issue was tabled.
"The reason why my colleagues left, they knew I would be hammering them," said Chishimba. "They are not only punishing the PF government but they are also punishing their relatives."
Labels: BOYD HAMUSONDE, MMD, OPPOSITION, PATRICK MATIBINI, UPND
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FRA's mandate under review
By Kabanda Chulu
Fri 09 Mar. 2012, 11:59 CAT
THE government is in the process of revising operations of the Food Reserve Agency (FRA) so that it reverts to its original mandate of buying strategic food reserves only, says agriculture minister Emmanuel Chenda.
And Parliament unanimously supported and approved the motion moved by Solwezi Central MMD parliamentarian Lucky Mulusa that government urgently develop a broadly shared economic and human development strategy that can translate economic growth into tangible benefits to improve livelihoods.
Parliament also approved President Michael Sata's directive to abolish and establish government ministries and departments.
And justice minister Sebastian Zulu tabled the Anti Corruption Bill that will come up for presentation and reading on March 23, 2012.
Responding to Kalomo member of parliament Request Mutanga's question on what government was doing to address challenges faced in executing the Farmer Input Support Programme (FISP), Chenda on Wednesday said the process of revising the programme had been done and was waiting Cabinet approval.
"The FISP has been revised in order to promote and market other cash crops apart from maize and we are also in the process of reviewing the operations of the FRA so that it reverts to its original mandate of purchasing food crops for strategic national reserves only," he said.
And Mulusa, when moving the motion, said Zambia needed to implement economic policies that were designed and owned by Zambians in order to address the current situation where inadequate benefits accrue to local people despite positive economic growth.
He said there was need to put measures that would allow Zambians to reap benefits from its mineral wealth, rich soils and tourism potential.
"Zambia is wealthy but where is the wealth of the nation? Where does it go? The method of funding of public goods is in form of loans and grants and very little from taxes and other forms of government income so where does Zambia's wealth go?" asked Mulusa.
Opposition chief whip Felix Mutati said the motion was not controversial and shouldn't be over-debated while finance minister Alexander Chikwanda said the government was all-inclusive and would support the motion without any reservation.
Earlier, Speaker of the National Assembly Patrick Matibini guided the House on the subject of points of order.
He said points of order were frequently being misused and abused, resulting in detracting the House from considering business before it.
"Points of order ought to primarily relate to interpretation or enforcement of the rules of procedure and conduct of business in the House. So members can invite my attention to any instance when a breach of order of any law of the House has been committed," said Matibini.
"But in very exceptional circumstances, if a matter is grave, urgent and of utmost national importance, I may allow a point of order to be raised and members should ensure that facts are accurate before raising any point of order."
Labels: FRA, PAC, PARLIAMENT, PATRICK MATIBINI
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Cabinet to give position on Rupiah's entitlements
By Moses Kuwema
Sun 04 Mar. 2012, 12:00 CAT
PRESIDENT Michael Sata says Cabinet will soon give a position regarding former president Rupiah Banda's entitlements and benefits.
According to a statement from his special assistant for press and public relations George Chellah, President Sata said the law relating to the pension and other benefits conferred on a former Head of State by the benefits of former presidents Act Cap. 15 of the Laws of Zambia as amended by Act No. 21 of 1998 and the circumstances under which the said entitlements and benefits can be withdrawn was irrefutably clear.
"Therefore, in view of the fact that Mr Banda has continued to play an active role in politics under the party which he leads, the Movement for Multi-party Democracy (MMD), the matter of his continued entitlement to draw benefits from the State will be tabled before Cabinet for a decision shortly," President Sata said.
Speaker of the National Assembly Dr Patrick Matibini on Thursday ruled that Banda had been abrogating the benefits for presidents Act by continuing to engage in active politics and told Parliament that the onus of forfeiting his emoluments and other benefits he was entitled to, was on the Executive.
The Speaker's ruling followed a point of order raised by Chongwe member of parliament Sylvia Masebo on the government's failure to implement the law in relation to Banda over his continued involvement in active party politics.
Dr Matibini ruled that the legislation on benefits and conditions which apply for one to benefit as a former president was very clear.
And information minister Fackson Shamenda, who is also chief government spokesperson, said the government will begin working out modalities to stop supporting Banda.
Shamenda said the government would soon start working-out mechanisms to remove Banda even from the payroll.
Meanwhile, President Sata has terminated the contract of Samuel Chibuye, the director general of the Zambia Public Procurement Authority (ZPPA).
"I have found it expedient in terms of public interest to terminate your contract of employment with immediate effect. I wish to thank you most sincerely for the services you have rendered during your tenure from 19th April, 2009," read President Sata's letter to Mr Chibuye in part.
The President wished Chibuye success in his future endeavours.
Labels: CABINET, PATRICK MATIBINI, RUPIAH BANDA
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Government to stop paying Rupiah
By Kombe Chimpinde
Sat 03 Mar. 2012, 12:00 CAT
INFORMATION minister Fackson Shamenda says the government will begin working out modalities to stop supporting former president Rupiah Banda.
Commenting on the Speaker of the National Assembly Dr Patrick Matibini's ruling on Friday that Banda had been violating the benefits for presidents Act by continuing to engage in active politics and that the onus of forfeiting his emoluments and other benefits he was entitled to was on the Executive, Shamenda said the government would soon start working out mechanisms to remove Banda even from the payroll.
"We shall implement the law. It's (matter) administrative so the government will just sort it out quietly. I can't state when this will be done however, but it's got to be implemented as soon as possible," Shamenda said.
"We have got to work out mechanisms first. For example, when an employee leaves a company, management has to remove them from the payroll and look at all the benefits which can be withdrawn. If one is entitled to benefits, immediately it is discovered that they are not entitled, it is supposed to be withdrawn immediately."
On Friday, Speaker Dr Matibini ruled that Banda had been violating the benefits Act by continuing to engage in active politics and told Parliament that the onus of forfeiting his emoluments and other benefits he was entitled to, was on the Executive.
The Speaker's ruling was as a result of a point of order raised by Chongwe PF member of parliament Sylvia Masebo who questioned the government's failure to implement the law in relation to Banda even when he had continued to involve himself in active party politics.
Last week, Banda declared during card renewal exercise that he was still MMD president.
Labels: PATRICK MATIBINI, RUPIAH BANDA
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Speaker rules on Rupiah's benefits
By Kombe Chimpinde and Ernest Chanda
Fri 02 Mar. 2012, 11:00 CAT
SPEAKER of the National Assembly Dr Patrick Matibini yesterday ruled that Rupiah Banda had been violating the benefits for presidents Act by continuing to engage in active politics and told Parliament that the onus of forfeiting his emoluments and other benefits he was entitled to was on the Executive.
The Speaker's ruling comes in the wake of a point of order raised by Chongwe Member of Parliament Sylvia Masebo last Friday on the government's failure to implement the law in relation to Banda over his continued involvement in active party politics.
Dr Matibini ruled that the legislation on benefits and conditions which apply for one to benefit as a former president was very clear.
"To this effect, the benefits of the former presidents Act chapter 15 of the Laws of Zambia as amended by Act No 21 of 1998 or rather as follows, section 85: (1) The pension and other benefits conferred by this act shall not be paid as assigned or provided for the former president who (A) is in receipt of a salary from government, or (B) engaged in active politics, (2): the former President shall be disqualified from the pension and other benefits conferred by this act (a) if he ceases to hold office or on ground of willful violation of the constitution or of misconduct or (B) if he is convicted of an offence and he is sentenced to imprisonment for a term exceeding six months and the National Assembly through a motion supported by not less than two thirds of the members of the assembly, resolves that the former President shall not receive the whole or such part of the pension and other benefits," he stated.
"Therefore honorable members the law is clear on this matter and the onus is on the executive to implement the law."
Last Friday, Speaker Dr Matibini saved ruling on a point of order raised by Masebo on the matter.
Masebo had questioned the government payment of emoluments to Banda even when the former president is actively involved in politics.
Banda last week said he was still the MMD president until the party held its convention.
Labels: PATRICK MATIBINI, RUPIAH BANDA, SYLVIA MASEBO
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Speaker saves HH from prosecution
TIME PUBLISHED - Saturday, December 24, 2011, 7:34 am
United Party for National Development (UPND) leader Hakainde Hichilema has been saved from prosecution for breach of parliamentary privileges and contempt of the house for ridiculing Parliament and the office of the Speaker.
This follows an article in the Daily Mail 9th December, 2011 headlined “Arrest me, HH dares Sata” in which he cast aspersions on the Speaker by doubting the credibility of the Speaker and questioning his impartiality by accusing him of siding with ruling Patriotic Front MPs.
In his ruling following a point of order raised by Kawambwa Member of Parliament Nickson Chilangwa whether the conduct of the UPND leader did not constitute a serious breach of the constitution and Chapter 12 of the Laws of Zambia and whether it was not a serious affront against the integrity of the Speaker and the whole House, Speaker of the National Assembly Patrick Matibini questioned how he has been siding with PF MPs when records show that of the 109 points of order raised in the house, opposition MPs the raised the majority.
QFM News reports that Dr Matibini stated in his ruling that Mr Hichilema not only ridiculed the house in his statement but also caused to publish misleading information which amounts to contempt of the house, which upon conviction would attract a penalty of 5,000 units or to imprisonment for a term not exceeding twelve months or to both.
The Speaker said he has graciously decided to counsel Mr Hichilema and the general public to desist from attacking the house and the office of the Speaker, despite the breach committed by the UPND leader warranting his prosecution.
QFM
Labels: HAKAINDE HICHILEMA, PARLIAMENT, PATRICK MATIBINI
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Own up, State House tells Musokotwane
By Times Reporter
STATE House has advised former Finance minister, Situmbeko Musokotwane and ‘his colleagues’ to
own up and stop trivialising the serious and glaring illegalities that the MMD government perpetrated.Meanwhile, Speaker of the National Assembly, Patrick Matibini, has directed Minister of Finance and National Planning, Alexander Chikwanda, to
issue a statement in the House on reports that the previous regime illegally printed money using two printers other than the country’s officially approved printers.
In taking a swipe at Dr Musokotwane, special assistant to the president for Press and public relations, George Chellah said it would soon dawn on the former Finance minister that there was nothing to defend about the “many excesses of the past regime’s unpatriotic conduct”.
He said it was not surprising that Dr Musokotwane had disputed a factual account that the previous regime illegitimately printed money.
“Not so surprising, Dr Musokotwane has gone further to describe the facts laid bare by this office as “false, shameful and embarrassing.
”
“These are very serious charges from a man whose locus standi on this matter and many other oversights unearthed concerning the previous administration, is extremely hard to comprehend,” Mr Chellah said.
He said the former minister seemed to be acting like a useful, but out-of-control spokesperson of a troubled group seeking to confuse the due process of law with politics.
Mr Chellah said Dr Musokotwane’s incessant outbursts provided helpful pointers, especially to the investigators pursuing the many leads into the wrong-doing that went on under the previous regime.
“For the avoidance of doubt, we wish to make it abundantly clear that the biggest and most serious challenge facing Zambia today, whether Dr Musokotwane and his colleagues agree or not, is excessive greed and corruption, he said.
Mr Chellah said under the previous administration which Dr Musokotwane served with pride, corruption assumed endemic proportions as authorities turned a blind eye to it for obvious reasons.
He said no reasonable person privy to the rot that went on under the immediate past leadership could ignore the deplorable state of affairs under which the MMD left Zambia.
“Dr Musokotwane and his colleagues must not panic and resort to half-truths but instead wait for the due process of the law to take its course.
“The Republican President, His Excellency Mr Michael Chilufya Sata has repeatedly stated that this is not a witch-hunt but a legitimate search for the truth. Let it be known that the president would definitely be the happiest to see that our former leaders are cleared of possible wrong-doing by law-enforcement agencies,” Mr Chellah said.
On the ministerial statement, Dr Matibini issued the directive following a point of order raised by Monze Central Member of Parliament Jack Mwiimbu (UPND) in Parliament yesterday.
Mr Mwiimbu said pursuant to Article 51 of the Constitution of Zambia, he wanted to find out from the vice-president whether the Government was in order to remain quiet over a serious issue that had been made public by President Sata on illegal currency that was in circulation in the country.
He said the issue had raised a lot of anxiety among the people of Zambia, especially in Monze Central Constituency.
“I have in possession a K50,000 note which was not printed by the official Government money printer, Thomas De La Rue, which I got as an allowance from the National Assembly. Is Government in order to raise anxiety like this,” Mr Mwiimbu asked.
He later laid the K50,000 in question on the table of the House.
Earlier in the day, Dr Musokotwane, at a Press briefing in Lusaka yesterday, denied that the MMD Government illegally printed money using two other printing companies instead of Zambia’s official printers, Thomas De La Rue.
He was reacting to President Sata’s revelations on Monday that the MMD illegally printed money which it was now using to destabilise the Patriotic Front (PF) Government.
Dr Musokotwane challenged President Sata to constitute a commission of inquiry to substantiate his assertions that the MMD illegally printed money.
He advised that Mr Sata should stop making wild allegations, which may be misconstrued by the outside world.
Dr Musokotwane said issues to do with the country’s currency were a serious matter.
He challenged Mr Sata and BoZ staff to come out in
the open and tell the nation about what could have transpired.
He said BoZ should have printed the said money following the needs and tender procedures at the time and that the MMD government had nothing to do with it.
Dr Musokotwane said during his tenure as deputy BoZ governor, he knew the other two companies that were believed to have printed the money as reputable.
Labels: CORRUPTION, GEORGE CHELLAH, KWACHA, MMD, PATRICK MATIBINI, SITUMBEKO MUSOKOTWANE
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Hakainde fails to install his friend as Speaker
By The Post
Fri 07 Oct. 2011, 15:00 CAT
We congratulate judge Dr Patrick Matibini, State Counsel, on his election as Speaker of our National Assembly.
Our members of parliament made a very good decision in electing judge Matibini Speaker even though it was by one vote. That was a very important one vote. But even the World Cup is sometimes won with one goal and that single goal has never diminished the value of a World Cup victory.
This is a sweet victory for all Zambians of goodwill because the man who has been elected Speaker is a very outstanding citizen, a very progressive citizen who represents the dreams and aspirations of our people. He is a man who is above narrow, sectional or partisan interests. Judge Matibini is an intellectual who at the same time is a very ordinary and humble man, he is one of us.
Michael Sata and his government must be given all the credit that is due for supporting such a man for this important job. It shows that they are prepared to look for talent wherever they can find it and deploy it in the service of our people. Michael is beginning to prove that he is above petty and narrow sectional interests.
He is a nationalist. Our country needs more nationalists, patriots who will put common interests above their cheap egocentricities. In choosing judge Matibini, Michael has voted for public interests rather than mere political convenience. Judge Matibini is non-partisan, he is not a member of any political party. He was simply a judge of our High Court. And this is what the job of speaker needs. The Speaker must be an individual who is prepared to serve all members equally.
The Speaker is responsible for controlling the floor of House business and acts as referee during debates. It is the Speaker's duty to ensure that the rules of the House for conducting business are followed and that all members of the House have an opportunity to take part in debates. Balancing the right of the majority to conduct business with the right of the minority to be heard is one of the Speaker's most difficult tasks. And because of this, it is essential that the Speaker is seen to be above party politics.
From this, it can be seen that a Speaker requires a broad range of skills and personal qualities to successfully fulfill the duties of the position. It is therefore easy to understand why we celebrate the election of judge Matibini as Speaker of our National Assembly.
It marks the dawn of a new era in our politics, a promise of what could be if we all rose above narrow sectional or partisan interests. Such a situation would enable us to obtain services from the best brains in our country who might not have partisan connections or be inclined to partisan politics but still have something to offer. Michael is showing us how it should be done.
In a short time, he is assembling a team of respectable luminaries to assist him in delivering on his promise to change Zambia forever. Michael is not a young politician but he has not been afflicted by the cynicism that sometimes corrodes those who have spent too much time in politics. He is a pragmatist but his patriotism directs that pragmatism to the benefit of the people. Michael does not hesitate to change strategies and tactics, without compromising any principles, when the circumstances dictate so.
There is a lesson that those who are vying to run the politics of our country should learn from this man. Although it may not be very apparent in his personality, at the core of his heart, he is a servant of the people. He is looking to deliver what the people need and want. Michael has a keen ear for public opinion and seems to instinctively respond to it in a skillful way.
But in contrast to Michael, there are pitfalls in the character and politics of Hakainde Hichilema that should be avoided by those who want to serve our people. Hakainde is an opinionated politician who should not be followed by those who are serious to get to their destination. We say this because it seems that the only thing that matters to Hakainde is his ego and how he feels about himself.
He does not care about the feelings of those who are around him and their wishes and aspirations. Hakainde's political journey is about satisfying himself and nothing else. He has been blinded by ambition. This is why he sees nothing wrong in being a braggart, a cheap braggadocio, to borrow George Mpombo's words.
Our people should be cautious with politicians who are ready to subordinate public interests to their personal egos. There is something wrong with such people. Beyond that, there is something evil and dangerous about such people.
In everything, Hakainde looks for what is in it for him. We think that human beings should never draw away from the honest goals they seek and let themselves be influenced by ego, self-importance or even vanity. Human beings tend to make a fool of themselves if they think too much about the positions they should occupy in life, in things.
It would be wiser to aspire to a modest, simple or even anonymous place in life, in things, because if you have a true measure of the power of people as individuals, you know it is so fragile and such a small thing that it doesn't really make sense to magnify the role of any individual, no matter how intelligent, brilliant or able they may be. There have been many able, intelligent, meritorious figures in the course of history. It is therefore necessary that we value ourselves at our true worth (Sirach 10:28).
It worries us that Hakainde is ready to use the limited political influence he has to marginalise a whole people. We say this because Hakainde is working very hard to keep the Tonga-speaking people Balkanised and excluded from our national politics. This is why we have kept saying Hakainde wants to keep Southern Province like a Bantustan to deliver his wishes. This is wrong. Look at the way he has behaved over the election of Speaker of the National Assembly!
If we were to carry out an opinion poll within his own party, we would find that more than 90 per cent of his colleagues believed that judge Matibini was the best candidate for that job and not his friend Richard Kapita. But Hakainde, to satisfy his own ego, was determined to give that job to his friend. The Patriotic Front behaved in a patriotic manner by bringing a candidate that they thought was best suited for the job. Hakainde wanted to give a job to his unemployed friend.
This is the kind of person we are dealing with. We hope that his behaviour is beginning to show those of our people who wondered why the PF-UPND pact didn't work, the reason it failed. Hakainde can only be his own partner. This is not a person who can work with others unless he comes out on top.
This is why even though the MMD had more seats in parliament than UPND, Hakainde ensured that UPND provided the candidate for Speaker in their pact with MMD. This is the kind of person we are dealing with. Although he was a leader of a small Bantustan party in the PF-UPND pact, Hakainde wanted to emerge leader of that pact. How that was going to be done, only he knows.
Anyway, he is used to that kind of manipulation. We have said this before but it bears repeating. When he worked at Grant Thornton, he was not an accountant, he was merely a holder of a bachelor's degree in economics, and yet he somehow managed to carry himself as if he was a leader of the whole firm, when in truth he was not. Even in UPND, the situation is not different. When Anderson Mazoka died, Hakainde emerged from nowhere and literally installed himself as its leader on the back of tribal sentiments aired by his supporters.
No wonder Levy Mwanawasa describes him in the following terms: "The problem Mr Hichilema is having now is that he wants to cheat, to mislead, to show that he is what he is not…" Levy narrated why he considered Hakainde a cheat: "As part of his overall theme of non-partisan politics, Mwanawasa recalled an incident in which he first met Mr Hakainde Hichilema at State House before he became president of the United Party for National Development (UPND). He was brought to him by Mr Costain Chilala, the prominent Mkushi farmer. This was sometime in February 2006, the year in which Anderson Mazoka died.
Hakainde, as a member of the business community, had a specific business issue to raise with Mwanawasa. Mwanawasa recounted the incident: ‘He said he had been disadvantaged from government contracts because people were saying that he was a member of the opposition UPND. He said he was not a politician, he was only a businessman. He asked me to treat him that way.
I told him, ‘my government does not discriminate on political or tribal lines,' I said. ‘We will give you a job because you are capable of doing it.'
‘Hakainde said, ‘when I decide to join politics, I will come and join you in MMD because I am happy with the way you are leading this nation.' He said this over lunch at Nkwazi House.
‘I said, ‘Thank you very much for that show of confidence, but I want you to feel that whether you are with us or not, to me you are a Zambian entitled to anything you want which government is able to give. But I am glad at your show of confidence that if you should want to come into politics, you will think of joining me.'
‘Two months later, Mr Mazoka died. There was talk that Hakainde Hichilema was being considered to take over from Mazoka. Initially, he was refusing, then eventually he agreed. He didn't even have the audacity to come and explain himself to me. He didn't have to, but I don't know why he gave me the assurance that if the time came for him to join politics, he would rather be with me.
‘I regret the fact that we are opponents. I have a lot of respect for that young man. He could have played a very pivotal role in the governance of this country. But he has to be trained. I would have been happy to provide counsel so that he is moulded into a true leader. Now, he has joined politics. His understanding of politics is that it doesn't matter; you can cheat provided you get your goals.
‘If you have been following my politics, you will realise that I don't cheat. Maybe that is what has got me into trouble. I believe that if you don't cheat, if you are consistent, you will be right. The problem Mr Hichilema is having now is that he wants to cheat, to mislead, to show that he is what he is not.
‘When some people alleged that he could not assume the UPND leadership because he was a newcomer, he said it was not true because he was one of the pioneers of UPND, that he started UPND with Mazoka and other people…But when he came with Chilala to Nkwazi House, he said people were saying that he was UPND…
‘And in my view, he is wasting his talent in opposition politics…But I consider Hichilema's case a very unfortunate one…'"(Levy Patrick Mwanawasa: An incentive for posterity, Amos Malupenga, p 211-212).
This is the kind of man we are dealing with. Hakainde is a man who seems to listen to nobody. We wonder if he has even one advisor that he listens to. How can one lead people he does not listen to? And this explains why UPND which had acquired a national character as a political party is today nothing but a Bantustan party of Southern Province whose only service to that great people is to marginalise them.
We are not being malicious in saying this because the figures speak for themselves. In last month's elections, Hakainde polled 506,763 votes. Of that, 266,754 or 52.64 per cent of those votes were obtained in Southern Province. This is wrong, it will take them nowhere.
Those who are around Hakainde should know that they are dealing with a selfish self-centered man who cares nothing about the nation. As long as his interests are served, we have no doubt he would even leave politics. It is therefore good that his scheme to impose his friend as our Speaker has failed even if it is just by one vote.
Labels: HAKAINDE HICHILEMA, PARLIAMENT, PATRICK MATIBINI
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Sata wants more Judiciary reforms
By Chibaula Silwamba and Patson Chilemba
Fri 07 Oct. 2011, 14:40 CAT
PRESIDENT Michael Sata says the country needs more reforms in the judiciary so that the people can receive justice. And President Sata has asked Speaker of the National Assembly Dr Patrick Matibini to exhibit maximum impartiality and allow members of parliament to debate freely.
Meanwhile, newly-elected Speaker Matibini says he will be the guardian of the rights of all members of parliament. And Vice-President Guy Scott said Speaker Matibini's first loyalty will be to the House and that he is not a servant of the executive or the judiciary.
Meanwhile, sources revealed that MMD and UPND members of parliament were ‘quarantined' at three hotels on Wednesday night to ensure that the PF does not infiltrate and persuade them to vote for Matibini.
During the swearing-in ceremony of Dr Matibini as Speaker, Mkhondo Lungu as Deputy Speaker and Chifumu Banda as chairperson of parliamentary committees of the House at State House yesterday, President Sata thanked Chief Justice Ernest Sakala for accepting Dr Matibini's resignation at short notice so that he could take up the position of Speaker.
"The same way they have treated you in electing you, whether it was unanimous or whatever it was, I expect you to exhibit maximum impartiality when you are dealing with the House. There are some people who will try to create unnecessary problems, but looking at the current Parliament I don't think you will find one," President Sata said.
"If it was in the days of Benny Mwiinga, Lanson Hantuba yes, but not the current Parliament, they won't even understand ‘filibustering'. In Parliament, let people debate freely."
President Sata said members of parliament should debate as national leaders in Parliament, and that he was grateful on the reforms in the House.
"And we need more reforms in the judiciary so that justice can go to the people, because justice delayed is justice denied. And we are told the accused must be heard. So the Chief Justice, I met him earlier on. I did not know he was going to hang around to see one of his High Court judges ascending, they are not at par, but he Speaker Matibini is head of the legislature," he said.
President Sata said the success of the government depended on a vigorous and energetic Parliament.
"When you are talking of corruption, the Speaker should not muzzle the bird on those things. Let people debate freely. The only people who are restricted, who can't debate freely are ministers. Ministers are slaves, they can't debate openly," President Sata said.
"And it's up to you, when you find a minister is debating like a backbencher, rule him out of order and if he misbehaves, kick him out like former speaker Mr Nabulyato kicked out Benny Kakoma when he was trying to be unruly."
President Sata said the road was not easy, but Dr Matibini was lucky because he had two experienced people in parliamentary affairs who surrounded him, like Lungu "who is trained in juju and traditions".
"Afford all members of parliament freedom to debate because sometimes in that House you don't catch the speakers. You can be huge like Mr GBM defence minister Geoffrey Bwalya Mwamba but you will never catch the Speaker's eye and there are some people who will always catch the Speaker's eye even if they are dwarfs. But let us try as much as we can to exhibit impartiality," he said.
President Sata said conditions of service at Parliament needed to be looked into because there was a very huge gap between conditions of service in the judiciary and those obtaining at Parliament.
He said he had authorised for Dr Matibini to continue accessing conditions of service from the judiciary until such a time the Standing Orders Committee looked into the conditions of service at Parliament.
"Be Speaker, be yourself," said President Sata.
And in his inaugural speech after his election yesterday, Speaker Matibini told the parliamentarians that it was a tremendous challenge and great honour for him to have been elected.
He said he would be the impartial guardian of the rights of everyone in this House.
"In accordance with the tradition, I rise to submit myself to the will of the House and in doing so, I wish to take this opportunity to congratulate His Excellency the President, His Honour the Vice-President and all of you members. I also wish to congratulate the nation at large for holding successful tripartite elections on 20th September, 2011," Speaker Matibini said. "It's, therefore, with great humility that I submit myself to the will of the House."
Clerk of the National Assembly, Doris Mwiinga, who was the returning officer, declared Dr Matibini as the new Speaker after he polled 78 votes against UPND's vice-president Richard Kapita who got 77 in a tightly contested race.
All 155 members of parliament voted in the 158 member parliament except for three constituencies where elections are yet to take place with two having been delayed on account of deaths of candidates while in Chongwe, the MMD's candidate who was declared winner opted to resign after being elected.
Ruling Patriotic Front (PF) members of parliament burst into jubilation immediately Mwiinga declared Dr Matibini Speaker. The PF parliamentarians chanted their party slogan "Don't kubeba! Shhh!" and hugged one another as former vice-president George Kunda, Dora Siliya, the MMD and UPND camps looked displeased.
Addressing the House, in his message to congratulate Dr Matibini, Vice-President Guy Scott said the office of Speaker was an essential feature of a democratic Parliament.
"As head of the legislature, you are the custodian of the rights and privileges of the members of parliament. Your allegiance is to the cause of Parliament's liberty. You are neither a servant of the executive nor the judiciary. Your first loyalty is to this House," said Vice-President Scott, who is the leader of government business in the House.
"I am positive that you will treat all members of parliament, elected and nominated, from both the opposition and ruling parties equally and that you will ensure that all members enjoy the same rights, privileges and immunities and have the same opportunities."
Vice-President Scott said he was sure that Speaker Matibini would, without fear or favour, make fair rulings on all important national issues that would be raised in the House.
MMD's Lundazi Central member of parliament Mkhondo Lungu and Forum for Democracy and Development (FDD) Chasefu member of parliament Chifumu Banda were elected unopposed as Deputy Speaker and chairperson of committees of the House, respectively. Both Lungu and Banda's constituencies are in Lundazi district.
Lungu and PF's parliamentary Chief Whip Yamfwa Mukanga ushered Speaker-elect Matibini into the Chambers. In a traditional style, Lungu and Mukanga were pulling Speaker Matibini, as he was staggering as if resisting his election. The staggering and orchestrated-resistance is part of the grand entry into the chambers by the Speaker-elect until he reaches the official chair reserved for the Speaker.
All parliamentarians and people in the press and public galleries burst into laughter and ululation as the new Speaker entered the House.
Immediate past speaker Amusaa Mwanamwambwa, who sat in the public gallery directly opposite the Speaker's seat, witnessed the whole process.
Meanwhile, sources revealed that the MMD and UPND leaders held several meetings at Chrismar Hotel for the two parties' legislators ahead of the Speaker's election.
The sources said UPND leader Hakainde Hichilema addressed parliamentarians from both parties, urging them to be united and vote for Kapita.
The sources said MMD and UPND parliamentarians were forced to sleep at Chrismar Hotel, Golden Bridge Hotel and Golf View Hotel to avoid the PF ‘polluting them' to vote for Matibini.
"We had to sleep at these three hotels because they didn't want us to mingle with the PF. Even those six MMD parliamentarians that accepted deputy ministerial posts were forced to sleep at the same hotels," the sources said. "Those six were verbally abused by their MMD colleagues for accepting to be part of the PF government. They are being mistreated."
MMD and UPND members of parliament were taken to Parliament in public buses under the watchful eye of their senior party officials to ensure they did not mingle with the PF before the vote.
Soon after their arrival in the opposition members' car park, former health minister and MMD's Senga Hills parliamentarian Kapembwa Simbao ordered all of them to gather at one place for the roll call.
Richard Taima conducted a roll call for MMD parliamentarians while the UPND did their own.
"Where is Honourable Dora Siliya," Taima was heard asking as he sounded to be panicking, complaining "the number is not enough". Siliya did not show up to join her fellow opposition legislators until later when she entered the House.
Looking sad, the one-time all-powerful ministers had to raise their hands when their names were called out.
Former minister of information and Keembe parliamentarian Lieutenant General Ronnie Shikapwasha looked sombre during the roll call while others mingled and hugged one another.
When approached for an interview, Lt Gen Shikapwasha, responded: "I don't give interviews. Ask others!"
Later, upon arrival in a private registered vehicle with tinted-windows, former vice-president George Kunda proceeded to greet other former ministers. Former community development minister and MMD Mwandi member of parliament Michael Kaingu remarked to Kunda, "you look much better today" as he straightened the former vice-president's jacket collar.
"Yes! Yes!" responded Kunda as the backbenchers consoled one another over their loss of government portfolios.
Thereafter, Kunda and Taima asked all parliamentarians from both parties to proceed to the chambers.
"Let's go and fight them now," some parliamentarians were heard saying as they walked into Parliament building.
Labels: GUY SCOTT, JUDICIARY, MICHAEL SATA, PARLIAMENT, PATRICK MATIBINI
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Sata urges MPs to back Matibini for Speaker
By Bright Mukwasa
Thu 06 Oct. 2011, 08:30 CAT
PRESIDENT Michael Sata has appealed to members of parliament to support the candidature of Judge Dr Patrick Matibini SC whom the ruling Patriotic Front is floating as Speaker of the National Assembly.
In a statement issued in Lusaka by the President's special assistant for press and public relations George Chellah, President Sata also called on the members of parliament to support Lundazi MMD MP Mkhondo Lungu as Deputy Speaker of the National Assembly.
"Patriotic Front has fully endorsed Judge Matibini's candidature as Speaker, Hon Lungu as Deputy Speaker and any candidate the opposition MMD will propose as Chairperson of Committees," said President Sata.
"Parliament needs impeccable leadership. And, above all, a person with vast legal knowledge to preside over its affairs."
And PF parliamentary Chief Whip Yamfwa Mukanga said his party was confident Dr Matibini would win the position going by his sound track record of his impartiality and public service.
"Of course Judge Dr Matibini that's our candidate. It's not a closed book, it's an open book. I am saying it publicly. We are trying to do everything possible to ensure that we have a better candidate," Mukanga said.
"Other political parties even if they float the other candidates they should look at who are level-headed.
A candidate who is qualified, a candidate who will be able to meet the trends in modern politics. A candidate who will be able to take Zambia higher realising that we are a multi-party state. So even when the other candidates come, they should be able to vote for my candidate because I believe my candidate will be the best whoever they float."
Mukanga, who is also newly-appointed Minister of Transport, Works, Supply and Communications, said his party was backing a candidate who was ‘very qualified.'
He said his party appreciated what the past speakers had done in the past, hence the decision to back Dr Matibini to ensure that they contributed to propelling the legislature to higher heights.
Meanwhile the opposition UPND has been in talks with the opposition MMD to back UPND's vice-president Richard Kapita for the position of Speaker.
According to sources the UPND has been pressing MMD to support Kapita for Speaker and have offered to rally behind MMD's Lungu for Deputy Speaker.
The source said the MMD decided not to float a candidate for position of Speaker to give advantage to Kapita after the talks but cracks have emerged in the MMD over the proposals as PF has also been having talks with them.
The MMD and the UPND has been in talks to support each others' candidature for the Speaker position. The ruling PF however feels that they have also done enough preparation to guarantee them a win in the election which will be the first business of the House when they resume business on Thursday.
Parliamentarians will be voting for the new Speaker, Deputy Speaker and Chairperson of Committees when Parliament resumes sitting.
Labels: MICHAEL SATA, PATRICK MATIBINI
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Judge Matibini refuses to remove Sata's injunction
By Ernest Chanda
Fri 02 Sep. 2011, 14:00 CAT
THE Lusaka High Court has dismissed an application by Lusaka freelance journalist Chanda Chimba seeking the resumption of his Stand Up for Zambia television programme while the Supreme Court was determining his appeal on the matter.
Ruling in a case where Chimba appealed against the High Court's earlier decision to grant the injunction, High Court judge Patrick Matibini dismissed Chimba's application on ground that his defence of justification, fair comment and privilege were not likely to succeed at trial.
Judge Matibini said the defendants' conduct fell short of the standard of responsible journalism.
In this case, judge Matibini had on August 2 this year granted Patriotic Front leader Michael Sata an interim injunction restraining Chimba from defaming him through the Stand Up for Zambia television programme.
But Chimba appealed to the Supreme Court against the ruling and subsequently applied for resumption of his programme while waiting for his appeal to be determined by the Supreme Court.
Sata had in November last year sued Chimba and the Zambia National Broadcasting Corporation as first and second respondents respectively.
In the same suit, Sata included Muvi TV Limited and Mobi TV International Limited as the third and fourth respondents respectively.
Ruling on the matter yesterday, Judge Matibini said staying the injunction and resuming the broadcasting of Stand Up for Zambia would not be in public interest.
"Put quite plainly, I held in effect that the defendants did not behave fairly, reasonably and responsibly. In view of the foregoing, it cannot therefore be in the public interest to stay the injunction, and resume the broadcasting of Stand up for Zambia, pending the trial of the action," said Judge Matibini.
"Thus I have no hesitation in holding that in the circumstances, and on authority, the application for a stay of the interim injunction, must, therefore, be refused. Costs follow the event, and leave to appeal is granted."
Labels: COURTS, MICHAEL SATA, PATRICK MATIBINI
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State applies to have Mahtani case heard in camera
By Chibaula Silwamba
Tue 19 Oct. 2010, 06:40 CAT
The state yesterday applied to the Lusaka High Court to have the petition by former Finance Bank chairman Dr Rajan Mahtani be heard in camera. This is in a matter where Mahtani has petitioned the High Court to suspend the prosecution of criminal charges against him and suspend the seizure of his passport pending determination of the petition.
When the matter came up for hearing before Lusaka High Court judge Dr Patrick Matibini yesterday, the state made a preliminary application for the matter to be heard in camera so that the press and members of the public could not have access to the proceedings.
But Mahtani’s lawyers objected to the application, saying all petitions should be heard in open court where the press and the public could access the proceedings. The lawyers said the application was procedurally incorrect because petitions are supposed to be held in open court where the media and public are supposed to access them without hindrance.
Judge Matibini adjourned the case to November 22, 23 and 24 for ruling on whether or not the case should be heard in camera.
Dr Mahtani together with Finsbury Investments Limited and Leasing Finance Company Limited in a petition dated August 13, 2010 in the High Court of Zambia sought the interim and final remedies.
In this matter, the Drug Enforcement Commission (DEC) arrested and charged Mahtani with two counts of criminal offences for allegedly being in control of in excess of 25 per cent of voting shares in Finance Bank Zambia Limited without prior approval of the Bank of Zambia, money laundering, and seized monies in Finsbury Investments Limited’s accounts on allegations of money laundering.
The petitioners stated that between April and May 2010, Bank of Zambia (BoZ) held a series of interviews with some of the past and present shareholders of Finance Bank.
They stated that the Bank of Zambia said the purpose of the interviews was to establish the shareholding of Finance Bank and that Mahtani attended one such meeting with other shareholders on May 14, 2010 but was told to leave the meeting on the ground that he was not one of the listed shareholders of Finance Bank.
But in an affidavit in opposition to interim relief sought under Article 28(1), BoZ Director of Supervision Dr Austin Mwape stated that the central bank was aware that by the petition, Mahtani had challenged the constitutionality of section 31(2)(b) of the Banking and Financial Services (BFSA) Act Cap 387 of the Laws of Zambia.
Labels: COURTS, PATRICK MATIBINI, RAJAN MAHTANI
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Matibini warns MPs against media regulation
Written by Ernest Chanda
Tuesday, November 18, 2008 6:53:10 AM
LUSAKA lawyer Dr Patrick Matibini has called on parliamentarians
to consider the negative consequences of statutory media regulation before they formulate and enact such a law.
Commenting on recent calls by some members of parliament to regulate the media through a statutory body, Dr Matibini said such a move could have a negative bearing on Zambia's democratic process.
"I think that this matter needs to be approached very cautiously. We need to look at the issue very objectively, and the last thing we should allow or permit is to approach the matter in an emotive or emotional sense," Dr Matibini said.
He said press freedom was an important gift in any constitutional democracy.
"Press freedom and freedom of expression at large is a very important ingredient in any constitutional democracy. There is need to do everything possible in order to preserve the right of expression. It is very central to the promotion of democracy, to the maintenance of democracy and to ensuring that the citizens participate effectively and fully in national affairs," he said.
Dr Matibini said it was universally accepted that regulating the media was a great danger to democracy and development.
"It is generally accepted that statutory control of the media has its own obvious and inherent dangers and we need to disregard it. Speaking for myself, I think that the best mode of regulation is in fact self-regulation. I think that journalists or the media community should also make every effort to ensure that self-regulation takes root in this country," Dr Matibini said.
He appealed to all media houses to ensure a sustained self-regulation to avoid giving politicians a chance to stifle press freedom.
"In my considered view or opinion, the media community has not done sufficient work to ensure that we have sustained self-regulation. And I also believe that the only insurance, effective insurance which is better than statutory control is to have a vibrant self-regulatory mode," he added.
Dr Matibini said statutory regulation of the media could also reverse the gains the country had made so far in media freedom.
"I would like to stress again that the media plays a very critical role in the promotion and maintenance of democracy. It also plays a critical role in ensuring that the affairs of the nation are actually conducted in a transparent and accountable fashion. The moment we begin thinking of regulating the media, we may also begin reversing the gains that have been made so far in terms of consolidating democracy," said Dr Matibini.
On Thursday last week, Parliament adopted a report from the parliamentary committee on information and broadcasting that seeks to regulate the media. Most members of parliament were of the view that the media should be regulated.
Labels: MEDIA, MPs, PATRICK MATIBINI, REGULATION
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