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PRESERVE DEMOCRACY
THAT Zambia has won international recognition as a functioning democracy should be a matter of pride to all Zambians.
This has been highlighted by the country’s ability to peacefully transfer power from one political party to another.
Not only has power transitioned peacefully, Zambians have equally embraced democracy as a form of government for the country.
Zambia has emerged as exemplary when it comes to the smooth transition of power in Southern Africa, the international thinktank Afrobarometer has observed.
The Afrobarometer is a pan-African, independent, non-partisan research network that measures public attitudes on economic, political, and social matters in Africa.
The survey according to the organisation also noted that 87 percent of Zambians prefer democracy to any other form of government.
Touting the country’s democratic credentials, the survey also noted that 87 percent of Zambians prefer democracy to any other form of government.
Non-democratic alternatives such as one-party rule was also rejected by 87 percent, while 91 percent were against military rule and almost everyone surveyed (95 percent) were against a dictatorship.
Zambians must in this vein ensure that they uphold democratic tenets by promoting peaceful co-existence despite the political differences.
It is incumbent upon all political players to ensure that they preach unity in the nation without resorting to violence.
The violence that was witnessed during the recent Youth Day celebrations in some parts of the country should not be the norm.
Zambians should therefore ensure that they use the Afrobarometer survey as a marketing tool to woo foreign investors to the country.
There is a lot that the country has to offer – political stability, an ideal climate with plenty of water and the government’s commitment to economic growth.
Thus, events like this year’s Land linked Zambia Conference slated held at Lusaka’s Mulungushi International Conference Centre are a direct result of the country’s stability.
About 400 delegates from 14 countries are expected to attend this year’s Land linked Zambia Conference which has drawn private and public sector players in the transport and logistics industry.
It is expected to create a platform for information sharing, networking and formation of synergies among the different countries.
Next week’s Summit for Democracy that Zambia will co-host provides another opportunity not only to help build the country but strengthen the country’s democracy as well.
Delegates to the conference will be able to observe at first hand how Zambians have embraced democracy and allowed it to evolve through the years.
It is thanks to the Zambians that the country still remains as a beacon of peace in Africa providing a safe haven for those escaping civil strife in their countries.
We must preserve democracy.
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MPS to protest Democracy Summit
By NATION REPORTER
About fifty opposition Members of Parliament along with their constituents have declared to undertake protest procession against the upcoming Summit on Democracy, Leader of Opposition in Parliament Brian Mundubile has announced.
Mr Mundubile said that he was called by about 50 of his fellow lawmakers who have indicated that they were preparing their constituencies to protest over the Summit on Democracy which he has described as a veil to promote the Lesbians, Gays, Bisexual, Transgender and Queer (LGBTQ) agenda.
He said that the MPs had indicated that they were ready to go ahead with the protest because they strongly believed that the conference was an agenda by the US to push for the LGBTQ rights.
“Madam Speaker, I was called by your Members of Parliament on the left…50 members called me that they are preparing their constituencies to protest against the upcoming Summit on Democracy, which they feel is a veiled plan by the US to promote the LGBTQ agenda,” Mr Mundubile said.
And tempers flared in Parliament yesterday after the Deputy Speaker Attractor Chisangano curtailed Mr Mundubile’s debate on grounds that she had earlier ruled over the matter.
This infuriated Mr Mundubile who charged that the Deputy Speaker was not being sincere in her deliberations that bordered on the country’s values, norms and cultures.
He charged that the Deputy Speaker was not being magnanimous over the matter which he said was very important and of national interest.
In the melee of things, an argument ensued between Chilubi Member of Parliament Mulenga Fube and his Bweengwa counterpart Kasautu Michelo who exchanged hot words.
The argument brought Parliament to a standstill, forcing the Deputy Speaker to chase the two MPs out of the house after which order was restored.
ConCourt petitioned to annul appointment of 20 Judges
THE Constitutional Court has been petitioned to annul the recommendations and eventual appointment of 20 judges of the Superior Courts as notified by State House because their appointment was in contravention of the Constitution.
Isaac Mwanza and Maurice Makalu have petitioned the ConCourt that the process to select and recommend the 20 Judges of the Superior Courts for appointment was done in contravention of the principles of the Constitution that required merit, adequate and equal opportunities for appointments.
Mr Mwanza and Mr Makalu are seeking an interpretation on whether in the absence of the provisions in the Constitution and the law designating authority to appoint, the offices of the President and Deputy President of the Court of Appeal were administrative in nature whose vacancy was filled by appointment from among other Judges by the Chief Justice.
In their affidavit in support of the application for conservatory order, the duo is seeking an order to preserve the status quo on the number of Judges in the Superior Courts until the final determination of the main matter and any other interim reliefs.
“The exercise of the power by the President to appoint the President of the Court of Appeal has not been granted to the President by the Constitution. And that the appointment of Judge Siavyapa was done without regard to merit and seniority on the bench as it did not give adequate opportunities to suitably qualified persons to be appointed President of the Court of Appeal,” Mr Mwanza and Mr Makalu submitted.
The two have argued that the nominated Judge Siavyapa for the position of Deputy President of the Constitutional Court had no specialised training nor experience in human rights and Constitutional law.
Mr Mwanza and Mr Makalu also argue that the appointees to the position of the High Court Judge, Greeenwell Malumani dod not meet the minimum 10 years required for appointment as Judge and that the competence of Judge Kenneth Mulife was under question in an active matter before the High Court.
“Your petitioners in their originating court process are seeking a conservatory order as an interlocutory relief to stay the ratification and to preserve the status quo on the number of Judges in the Superior Courts pending determination of the petition by the Court,” Mr Mwanza and Mr Makalu submitted.
The two have submitted that the legitimacy of the appointment of Judges had been challenged and should therefore be determined because according to them, the process of the appointment of the Judges was flawed and contravened the Constitution. Mr Mwanza and Mr Makalu argued that in the event that the Court protected the values and principles for promoting Judges in its final judgement, the appointment of the Judges should be quashed.
They submitted that public interest would suffer if the appointment of the Judges was not quashed and the said officers of the Superior Courts went ahead to perform judicial authority for which they should have not.
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Every life is sacred, says Pope Francis – as the prelate stresses the need to protect life from conception to natural death
By NATION REPORTER
THE Voice of the Unborn bells are a reminder that every life is sacred and hence the need to protect life from conception to natural death, leader of the Catholic Church, Pope Francis has said.
Pope Francis has consecrated the Voice of the Unborn by the Yes to Life Foundation which is expected to peal in the Cathedral of the Child Jesus in Lusaka.
The Pope stated that as a sign of the need to protect human life from conception to natural death, the Yes to Life Foundation had donated to Zambia the Voice of the Unborn bell which he said he had blessed.
“As a sign of the need to protect human life from conception to natural death, the Yes to Life Foundation is donating to Zambia the Voice of the Unborn, a bell I have blessed. May its sound carry the message that every life is sacred and inviolable, Pope Francis said.
The Voice of the Unborn bells are already ringing Poland, Ukraine and Ecuador with Pope Francis being the first to strike them. Other Countries including France, Mexico, and Nicaragua have so far expressed interest in the initiative.
The blessings of the bell which took place outside the Paul the VI Hall was attended by Archbishop of Lusaka Alick Banda and the Vice President of the Yes to Life Foundation, Bogdan Romaniuk.
And Archbishop Banda said bell, which would go around the country before its installation at the Cathedral of Child Jesus was but hope to humanity.
Dr Archbishop Banda said he was happy to be able to participate in the birth of the bell for Zambia, stating that the Voice of the Unborn gave hope for the world, for humanity and for the future.
“All the gifts that we can have as people begin from the greatest gift, which is life,” Dr Archbishop Banda said.
44 cases go for mediation in the Livingstone High Court – Judiciary
By ANDREW MUKOMA
THE Judiciary in Livingstone has identified and referred 44 out of 182 active cases before the High Court for mediation.
Livingstone High Court Judge in Charge Chilombo Bridget Maka disclosed this during the re-launch of Mediation Settlement Week 2023 in Livingstone.
Justice Maka said the expectations of the Judiciary is that a reasonable number of cases will be settled at mediation.
“It is our hope that as more cases are settled at mediation, litigants and lawyers will come to value and embrace mediation as an effective means to settle disputes,” she said.
And Chief Justice Mumba Malila has urged lawyers to direct their clients to mediation as a solution to resolve disputes.
Dr Malila, S.C. has said that a lawyer always attempts to advise their clients to alternative solution of resolving their disputes, which is through mediation.
He said there is no need for lawyers to proceed to trial when one knows too well that there is no merit to proceed with trial.
The Chief Justice said the process of mediation is meant to satisfy both parties adding that lawyers must therefore embrace and support mediation without prioritizing a fee note.
This was contained in a speech read on his behalf by Supreme Court Judge Nigel Kalonde Mutuna who is the chairperson for the Advisory Committee on Court Annexed Mediation and Delay Reduction during the launch of the Service Charter in Livingstone on Wednesday.
Southern Province Minister Cornelius Mweetwa represented by Livingstone Mayor Constance Muleabai noted that mediation is necessary in reducing the load of cases and that it was a less costly measure. Mr Mweetwa said that mediation is one of the innovative ways the Judiciary was using to deliver justice.
Think-tank warns of rampant smuggling
By BUUMBA CHIMBULU
TRADE barriers causing significant congestion of hundreds of trucks at the Kasumbalesa Border must immediately be eliminated as this pose a threat to smuggling activities.
This is according to the Centre for Trade Policy and Development (CTPD) Researcher – Trade and Development, Emmanuel Muma.
Mr Muma has urged Government, specifically the Ministry of Commerce Trade and Industry, to take swift action to eliminate trade barriers causing significant congestion of hundreds of trucks at the Kasumbalesa border with the Democratic Republic of the Congo.
He said the current situation, which has caused truck congestion extending up to Kitwe-Chingola Road, was highly unfavourable and must be addressed immediately.
CTPD, he said, believed that this issue must be resolved as it obstructed trade and investment between the Congo DR and other Southern African and Development Community (SADC) countries.
“CTPD is also concerned about the nation’s reputation as a trading country, especially since some of the trucks may be carrying perishable goods that are spoiling.
“Furthermore, the stranded trucks along local roads could result in an increase in illicit activities in the surrounding areas such as theft, sexual exploitation of young girls, and smuggling of goods,” Mr Muma said in a statement.
He stated that CTPD believed that it was critical for Zambia and Congo DR to devote their bilateral relations and agreements to resolving the current situation at the Kasumbalesa Border.
He pointed out that Kasumbalesa remained one of Zambia’s busiest borders and trading marketplace, and had been steadily growing in recent years, providing tremendous business and employment opportunities for both countries.
According to Mr Muma, a recent spot check between Kitwe and Chingola revealed that there were over a hundred trucks parked along the Kitwe-Chingola Road, almost reaching the Wilson Mofya Chakulya Toll Plaza.
“It was also observed that a number of local community boys and girls were now engaging in trade activities such as delivering water and other merchandise to the truck drivers, which poses a risk, particularly to young girls and women who may be exposed to sexual favours.
“Meanwhile, the affected truck drivers also complained about a lack of access to clean water and toilets, as well as the associated trade costs of taking longer than expected to reach the Kasumbalesa border,” he said.
Mr Muma noted that given that Zambia intended to increase its trading volumes through the Africa Continental Free Trade Agreement (AfCFTA), efficient customs and border clearance of goods and services was a competitive requirement.
“If the country is truly open for business, these are some of the bottlenecks that must be addressed immediately,” he said.
Capital markets need system to compel banks participate in Govt bonds
By BUUMBA CHIMBULU
ZAMBIA needs to establish a system which will involve the country’s large commercial banks being obligated to buy government bonds in the primary market.
Through a primary dealership system, banks will then quote both buy and sell prices to the market at all times, according to the Capital Market Master Plan (CMMP) 2022 launched recently in Lusaka by President Hakainde Hichilema.
The CMMP states that this would contribute to greater transparency in the government bond market.
It indicated that the system, along with the implementation of an electronic trading platform for government bonds, would likely reduce investor costs and create a more dynamic, liquid market.
“The country’s government bond issuance process is generally well-defined, with the BoZ conducting bond auctions. However, the auctions are open to members of the public, rather than being the sole domain of institutional investors.
“Furthermore, the process could benefit from greater transparency (especially with regards to the timing of the auction results) and movement towards a true primary dealership system,” it stated.
The plan however took into account some prerequisites for the establishment of primary dealership systems.
It stated that establishing a vibrant primary and secondary market for government bonds was of crucial importance as such a market was, in many ways, foundational to the development of the capital markets.
“This is particularly true as far as completing the government bond yield curve is concerned, as this serves as a benchmark for the rates on a number of other securities.
“Consequently, assessing the country’s current government bond environment and streamlining it are of great importance in order to drive capital market development,” the plan stated.
Bowman found with case to answer
By LUCY PHIRI
LUSAKA magistrate Trevor Kasanda has found former Lusaka Province Minister Bowman Lusambo with a case to answer in a matter he is facing three counts of attempting to interfere with a witness.
Magistrate Kasanda in his ruling yesterday said the court has analysed the evidence from the prosecution and also considered defense’s submission and it found a prima facie case against Lusambo.
In this matter, Lusambo pleaded not guilty to three counts of attempting to interfere with a witness contrary to Section 112 (1) (b) as read with section 389 (1) of the Penal Code Cap 87 of the laws of Zambia.
Magistrate Kasanda further ruled that the evidence of the prosecution was sufficient to place Lusambo on his defence.
“The court has established after the prosecution that sufficient evidence had been produced to prove the case beyond any reasonable doubt. A prima facie had been established to warrant the court place him on his defence to explain the side of his story on the allegations. I therefore find the accused person with a case to answer and I have put him on his defence” he ruled.
Meanwhile, the Defence team from Makebi Zulu Advocates submitted before the court that their client will give sworn evidence and call more than five witnesses to aid his defence.
It is alleged in count one that Lusambo on a date unknown but between February 1, 2022 and April 30, 2022 in Lusaka with intent to obstruct the due course of justice did endeavor to dissuade or prevent Cosmas Kapula Chalusa to give evidence as a witness before a court of law.
Allegations in count two and three are that Lusambo between April 1, 2022 and April 30, 2022 in Lusaka did endeavour to dissuade or prevent Ernest Sumani and Mundia Mataa to give evidence as witnesses before a court of law.
The court has set April, 22 for defence.