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Monday, May 13, 2013
Stop political tension, Magande pleads with Sata
Speaking on Sunday Interview on ZNBC Television on May 13, 2013, Magande who served as Minister of Finance under late Levy Mwanawasa’s MMD Administration what was currently prevailing in the country was not encouraging. He said the arrests of politicians and those perceived to be critical of the Sata government must be stopped.
Magande appealed to President Sata to give space to other political players so he could leave a good legacy when his time is over. He said this as he was cut due to time at the end of the programme.
Earlier Magande charged that the ruling PF was taking the country to One Party State of governance.
“We are getting back to one-party-state where it was said publicly that if you don’t vote for us, we will not bring development,” said Magande in reference to statements made by President Sata that he will only develop areas where there are Members of Parliament from PF.
The NMP leader explained that a political party is just a club while a government is broad for all Zambians even those who did not for vote for it. He said the PF is supposed to embarrass all Zambians since it has the mandate to run the country. He said developing only areas that vote for the party in government only happens in a dictatorship type of government.
When asked why his party was not taking part in the by-elections, Magande said the exercise is costing the country alot of resources that could have been put to needy sectors. He said the by-elections that are being initiated have since exhausted the allocation from the budget adding that his party would not waste resources in such an exercise.
“Why would I waste resources where I know the output is not going to be with me?” asked Magande. “These by-elections are not helping us at all.”
Magande said as an economist he will not waste resources in by-elections where even after wining the Member of Parliament will be taken by Patriotic Front. He said his party will not participate in any by-elections until 2016.
Asked whether he will join or merge with opposition UPND or MMD, Magande said he may think of that in future.
Magande said he was ready to serve the country in any capacity provided he retains his professionalism. He said he will would not hesitate to leave if he joined government found that the ideas being advanced would not impact positively in developing the county.
He said the current politics is too materialistic and that people are their just for their benefit as veteran politician Daniel Munkombwe puts it.
Magande said a number of people joined him when his party was formed with a view of benefiting as they thought he had lots of money as former Minister of Finance. He said these people thought they would get subsistence allowances during campaign tours and when this never happens they left.
“They thought as Finance Minister I had alot of money in some Swiz account but they did not know who Magande is,” explained Magande adding that his party executive was affected when they lost elections.
Magande praised his late boss Mwanawasa of having laid a good economic foundation which he said the current regime is ridding on. He said Mwanawasa introduced National Planning which he (Magande) and his team produced.
He said much as infrastructure development in terms of Road network was a good idea there was also need to come up economical programmes that would help to uplift lives of the majority Zambians who cannot even avoid three meals in a day. Zambian Eye
Sunday, May 12, 2013
Mopani Copper Mines in tax evasion scandal
Zambia is said to have lost millions of US dollars in export earnings in the way MCM is reported to have
engaged in tax evasion with its major shareholder, Glencore, of Switzerland.
This was the second time that Glencore had been cited for tax evasion. The UK government had investigated allegations surrounding Zambia’s lost tax revenues from foreign-owned mines, including claims that Glencore avoided paying up to £76 million a year in tax on its Mopani Mine in the country.
The Africa Progress Panel comprises 10 distinguished individuals from both the private and public sector and notable on the panel were Gracia Michel the wife of Nelson Mandela and late Mozambique president Samora Michel and former Nigerian President, Olusegun Obasanjo.
Zit was on record according to the Guardian of the United Kingdom (UK), that Zambia lost more than KR41 billion (K41 trillion) in the past 10 years through tax evasion, which could be traced mainly to mining multinationals.
The Guardian reported that the huge sums had been illegally siphoned out of the country, with most of it ending up in offshore banks and tax havens, according to a report by financial transparency campaigners.
It was noted that MCM was selling Copper to Glencore, which is registered in the town of Zug, at prices “far” below those on the international markets, a practice the team identified as “plausible
evidence of transfer pricing”.
Glencore is the world’s largest commodity trading company, which holds controlling stake through Carlisa Investments, a company based in the British Virgin Islands owned in turn by Glencore Finance, Bermuda.
The European Investment Bank, which had extended a loan to MCM, expressed serious concerns about Glencore’s governance but its executives “strenuously” denied any wrongdoing.
“Attempting to estimate the overall losses associated with mispricing has been described as an exercise in night vision,” the report said.
It said several governments in the region have been sufficiently concerned about transfer pricing to investigate individual companies.
One of the most detailed analytical studies, carried out by Global Financial Integrity, put the average annual loss to Africa between 2008 and 2010 at US$38 billion.
The report said to place this figure in context, it was slightly higher than the flow of development assistance to the region over the same period.
Put differently, Africa could double aid by eliminating trade mispricing. Another US$25 billion was lost through other illicit outflows.
It said African revenue authorities were facing difficulties in ensuring adherence to tax obligations.
“Tracking value-added through a maze of interconnected companies linked through shell companies, holding companies and other intermediaries registered in centres from the British Virgin Islands
to Switzerland and London is challenging for even the most developed tax bodies, and governments have identified transfer pricing as a threat to their tax base,” the report added.
It said for authorities in Africa, enforcing tax codes was often impossible.
Additionally, Zambia was reported to have collected only US$240 million in tax revenue from the mines out of US$10 billion that the mineral exports generated in 2011.
The figure which exposed the unfair tax regime against resource-rich countries in Africa represented only 2.4 per cent of the total export value of Zambia’s major export earner.
Get the best news; On Tuesday KCM a small god in Chingola
Don't sell maize to briefcase buyers-CB Minister
 |
| Mwenya Musenge |
Officiating at the 18 Chingola District Agriculture and Mining show at Gymkhana yesterday the Minister said Government would buy all the maize from the farmers hence the reason not to panic and sale to unscrupulous business executive.
Mr Musenge was speaking in a speech read for him by Chingola District Commissioner George Sichula under the theme, ‘Mining and Agriculture for continued development and prosperity.
He advised the farmers to wait until when the Food Reserve Agency (FRA) has announced the marketing price.
“You have already done the hard work, so wait on my Government to buy maize from you so that we can improve the food security both at household and national level,” he said
The Minister said the show dubbed,” Mining and Agriculture for continued Development and prosperity’ was a better platform for interaction and sharing of experiences.
He urged the farmers to implement adaptive measures to sustain productivity in view of the climate change that results in unpredictable rainfall pattern.
Mr Musenge also called on the civil service to exercise efficiency in implementing government policies in the agriculture sector to ensure increased food production.
The Minister said it is government policy to encourage the farmers to engage in agricultural diversification to ensure food security at household level. .
He promised the farmers that his Government would work on feeder roads in the district to improve transport accessibility, deliver of fertilizer and seeds on time.
Mr Musenge said agriculture could be the solution to unemployment levels especially that the land in Zambia was fertile with abundant water resources.
He said his Government will promote irrigation kind of farming in order to improve food security.
And Chingola show society chairperson Wilson Kafwimbi called on Government to increase the number of fertilizer bags to eight from the current figure of four per pack.
Mr Kafwimbi said also asked the Minister to ensure the inputs were delivered on time in order to fight hunger as a hungry community was a vulnerable one.
He appealed to government to set up more satellite depots in the district to ensure farmers sell their produce to FRA with relative ease as opposed to the long distances which farmers have to cover to reach the three existing depots
The challenge the show society is facing is delayed payment by the FRA, and this derail season planning for farmers.
“We are also asking Government to help us secure title deeds for this facility which we want to start erecting the boundary wall,” he said.
Manchester United midfielder Scholes to retire at end of season
 |
| Paul Scoles |
The Red Devils legend will make his final ever
appearance for the side against Swansea on Sunday as he follows his
manager, for whom he had plenty of praise, into retirement
Manchester United midfielder Paul Scholes has confirmed that he will retire from football at the end of this season. The 38-year-old picked up an injury in January and has not featured for the Red Devils since then, making only 14 league appearances in Manchester United's title-winning campaign.
Scholes will, however, make his 717th and final appearance for the side against Swansea on Sunday as he follows his manager, Sir Alex Ferguson, into retirement, who was effusive in his praise of the veteran midfielder.
“Paul is a truly unbelievable player. He has always been fully committed to this club and it has been a real privilege to work with him for so many years," he told the official website. "Paul will play at Old Trafford on Sunday against Swansea and will collect an unbelievable but well-deserved 11th Premier League medal."
Scholes, who retired two years ago only to make a dramatic return six months later, also laid testament to his manager's influence, while he predicted a similarly successful reign for new manager David Moyes.
“Yes, I am finally hanging up my boots for good!" he told the official website. "Playing football is all I have ever wanted to do, and so to have had such a long and successful career at Manchester United, under the greatest manager of all time, has been an honor.
"The team has the right balance and will continue to thrive under the leadership of David Moyes.”
Gossip-over 1,000 employees at KCM to loose jobs
The employee who spoke on condition of anonymity said the company had already started calling employees above 50 years at the Mine Club to encourage them to go on voluntary separation.
The employee could not state the reason for the move but said many had been invited already to go on voluntary service separation (VSS)
KCM spokesperson said she could not comment on the matter because it was bordering on an internal memo.
Catholic Church says PF Govt is selfish
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| ZEC president Ignatius Chama |
Zambia Episcopal Conference (ZEC) president Ignatius Chama said that the Catholic church will will continue to not only speak for the poor but serving them through the building of hospital, schools and other social amenities.
Bishop Chama said that this is what GOD expects the church to be doing.
And Archbishop Ignatius Chama has called on Catholics in Zambia to emulate Pope Francis by showing compassion top the poor in society.
Speaking during the thanks giving ceremony on the election of Pope Francis at the Cathedral of the Child Jesus in Lusaka today, Archbishop Chama urged Catholics to fight for the rights of the poor in society, and stand up for peace, truth, and justice.
He explained that the mass was held to introduce Pope Francis to the Zambian church as well as to pray to God to grant him strength in his journey as the leader of the Catholic church.
The Archbishop said the mass was also to appreciate Pope Benedict XVI for his service to the church during his reign as Pope.
Archbishop Chama said the church has the responsibility to spread God’s love and compassion as a way of evangelism.
He called on Catholics to also emulate Saint Francis of Assisi after whom the new Pope is named, whom he said sent out his disciples to evangelize with the instruction that they are only to use words when necessary.
The Archbishop said it is unfortunate that many Christians in Zambia only profess to be Christians when they do not show it by their lives.
He said Christians need to make their lives be a tool of evangelization by showing compassion and helping the needy.
And speaking at the same function, Zambia’s Apostolic Nuncio, Julio Murat commended Pope Benedict for his good leadership which he has displayed in the short time he has been in office. Lusaka Times
Link Zambia creates ’14,000 jobs
About fourteen thousand (14,000) jobs have been created so far
under the Link Zambia 8000 Road project since its launch by President
Michael Sata in September last year.
The project which is expected to take about five to eight years was
projected to create about twenty four thousand jobs in the construction
sector mainly for young people.Road Development Agency (RDA) Director and Chief Executive Officer Bernard Chiwala has told Qfm in an interview that under the Link Zambia Project, the RDA has been creating not less than two hundred jobs per month.
Mr. Chiwala adds that the ambitious road project which will link various parts of the c
Saturday, May 11, 2013
Chingola district Agriculture show prize Winners
COPPERBELT Minister Mwenya Musenge has called on farmers in Chingola not to sale their maize to briefcase business executives.
Officiating at the 18 Chingola District Agriculture and Mining show at Gymkhana yesterday the Minister said Government would buy all the maize from the farmers hence the reason not to panic and sale to unscrupulous business executive.
Mr Musenge was speaking in a speech read for him by Chingola District Commissioner George Sichula under the theme, ‘Mining and Agriculture for continued development and prosperity.
He advised the farmers to wait until when the Food Reserve Agency (FRA) has announced the marketing price.
“You have already done the hard work, so wait on my Government to buy maize from you so that we can improve the food security both at household and national level,” he said
The Minister said the show dubbed,” Mining and Agriculture for continued Development and prosperity’ was a better platform for interaction and sharing of experiences.
He urged the farmers to implement adaptive measures to sustain productivity in view of the climate change that results in unpredictable rainfall pattern.
Mr Musenge also called on the civil service to exercise efficiency in implementing government policies in the agriculture sector to ensure increased food production.
The Minister said it is government policy to encourage the farmers to engage in agricultural diversification to ensure food security at household level. .
He promised the farmers that his Government would work on feeder roads in the district to improve transport accessibility, deliver of fertilizer and seeds on time.
Mr Musenge said agriculture could be the solution to unemployment levels especially that the land in Zambia was fertile with abundant water resources.
He said his Government will promote irrigation kind of farming in order to improve food security.
And Chingola show society chairperson Wilson Kafwimbi called on Government to increase the number of fertilizer bags to eight from the current figure of four per pack.
Mr Kafwimbi said also asked the Minister to ensure the inputs were delivered on time in order to fight hunger as a hungry community was a vulnerable one.
He appealed to government to set up more satellite depots in the district to ensure farmers sell their produce to FRA with relative ease as opposed to the long distances which farmers have to cover to reach the three existing depots
The challenge the show society is facing is delayed payment by the FRA, and this derail season planning for farmers.
“We are also asking Government to help us secure title deeds for this facility which we want to start erecting the boundary wall,” he said
Officiating at the 18 Chingola District Agriculture and Mining show at Gymkhana yesterday the Minister said Government would buy all the maize from the farmers hence the reason not to panic and sale to unscrupulous business executive.
Mr Musenge was speaking in a speech read for him by Chingola District Commissioner George Sichula under the theme, ‘Mining and Agriculture for continued development and prosperity.
He advised the farmers to wait until when the Food Reserve Agency (FRA) has announced the marketing price.
“You have already done the hard work, so wait on my Government to buy maize from you so that we can improve the food security both at household and national level,” he said
The Minister said the show dubbed,” Mining and Agriculture for continued Development and prosperity’ was a better platform for interaction and sharing of experiences.
He urged the farmers to implement adaptive measures to sustain productivity in view of the climate change that results in unpredictable rainfall pattern.
Mr Musenge also called on the civil service to exercise efficiency in implementing government policies in the agriculture sector to ensure increased food production.
The Minister said it is government policy to encourage the farmers to engage in agricultural diversification to ensure food security at household level. .
He promised the farmers that his Government would work on feeder roads in the district to improve transport accessibility, deliver of fertilizer and seeds on time.
Mr Musenge said agriculture could be the solution to unemployment levels especially that the land in Zambia was fertile with abundant water resources.
He said his Government will promote irrigation kind of farming in order to improve food security.
And Chingola show society chairperson Wilson Kafwimbi called on Government to increase the number of fertilizer bags to eight from the current figure of four per pack.
Mr Kafwimbi said also asked the Minister to ensure the inputs were delivered on time in order to fight hunger as a hungry community was a vulnerable one.
He appealed to government to set up more satellite depots in the district to ensure farmers sell their produce to FRA with relative ease as opposed to the long distances which farmers have to cover to reach the three existing depots
The challenge the show society is facing is delayed payment by the FRA, and this derail season planning for farmers.
“We are also asking Government to help us secure title deeds for this facility which we want to start erecting the boundary wall,” he said
Friday, May 10, 2013
Agriculture answer to Youth unemployment
Amid high unemployment levels among youths Chingola District Commissioner George Sichula feel agriculture can be the answer to the problem the youths were facing.Mr Sichula told The Independent Observer that the land in Zambia was fertile and the government was giving farmer inputs to assist such ones to excel.
Big Bother Season 8 returns with ‘The Chase’
By Marlon KanandaThe biggest reality show in Africa is back and AfricaMagic can reveal that season 8 of Big Brother Africa has been dramatically titled The Chase. 28 housemates from 14 countries will not only be chasing after the 300 000 USD cash prize but the chance of becoming a household name and perhaps even finding romance.
Launching on Sunday 26 May, Big BrotherThe Chase will combine electrifying twists and big surprises that will require housemates to use their charm to get ahead, possibly leaving room for cupid’s arrow to connect two hearts or more.
Setting the tone,in line with theme,the showcases a glittering and slightly flirtatious feel with chic, edgy gold plated lines. The iconic Big Brother eye has an enchanting gold dust finish with a dazzling diamond centre, featuring a teasing hint of ruby red.
More good news is that the witty and entertaining IK Osakioduwa returns once again in 2013to host The Chase. He has won many fans across the continent for his ability to speak openly with housemates and allow them to be at ease at their most vulnerable moments.
“Big Brother Africa is a pretty unique show. Every season has its own special moments and features. I'm super excited to be invited back to host the show.I have thoroughly enjoyed the past seasons and I look forward to bringing a fresh and energetic approach to The Chase,” says the popular TV and radio presenter.
Commenting on the new seasonM-Net Africa Managing Director Biola Alabi says, “Without revealing too much, I cansay that AfricaMagicalways strives to deliver the best in entertainment and Big Brother Africa remains at the forefront of our plans. We want to give audiences and loyal fans of the show, a truly unforgettable viewing experience once again. This season audiences can expect a show encompassing suspense, emotions, drama, fun, excitement and quite possibly, as we have seenin previous seasons, a little romance.
Having produced Big Brother Africa from season one, Endemol promises a sterling edition ofThe Chase, “Endemol is excited to present another season of Big Brother in Africa. Another vintage season lies in store with fresh new twists and surprises and ultimately great reality entertainment” adds Managing Director of Endemol South Africa Sivan Pillay.
With less than four weeks remaining to the big launch night, audiences can get the latest Big Brother Africa updates on www.bigbrotherafrica.comas well as on Facebook and Twitter.
For 91 days, Africa biggest reality series will be screened live 24/7 on DStv channels 197 and 198 while GOtv audiences will be able to see highlights. So stay tune…Biggie has returned and the fun is about to begin!
Youth unemployment; don't wait for solution be the solution
By Mumba Soko
May I add my voice on the issue of youth unemployment which is a worldwide problem resulting from some structural weaknesses in the capitalist's monetary and fiscal policies being implemented in line with the tenets of a liberalised economy, coupled with corruption.I must be quick to point out here that one of the policies that have led to this is the focus to make short term maximum profits by investors who quickly cut down the costs of production and heavily invest in hi-tech machinery to enhance profitability.In my opinion, the levels of unemployment soured further when developing countries implemented structural adjustment programs (SAP) in a bid to have loan debts cancelled by donors, International Monetarily Fund (IMF) and World Bank.In Zambia, this was coupled with pravitisation of parastatals by the Dr Chiluba government and this had a direct impact on the micro-economic activities at household level in terms of life expectancy, health among others.
This was due to a loss of ownership by the locals of institutions which had a positive macro-economic impact on Zambia like mining, agriculture, banking, electricity and transport.Suffice to say, this was the beginning of high levels of unemployment, poverty and corruption in Zambia and as at the year, 2000 the industrialised towns like Ndola, Kabwe, Kitwe, Lusaka and luanshya had virtually become ghost towns in the name of meeting HIPC conditions (Highly Indebted Poor Countries) set by creditors.But the questions now are; can a creditor prescribe you with ways and means on how to make money and leave you alone, when their riches lies in you?
Can they equip you with modern technology and, does Zambia have practical economists who are not brain washed with capitalist macro-economic policies to turn around our economy and balance the unemployment levels today, especially that the country is not grappling with huge external debts?
My answer to this is first to quote what Robert F Kennedy Jr said "the USA is now a land of socialism for the rich and brutal capitalism for the poor".
My understanding of Robert's sentiments is that, democracy is a business plan for the wealthy to sacrifice the poor to harsh economic conditions in the name of government has no
business in business but in policy formulation and implementation.
Take for instance, the American credit crunch and the Euro Zone crises, the governments there intervened with bailouts, is this capitalist or socialist action?
When ANGLO & BINNAN pulled out from mines in Chingola and Luanshya respectively, the government ran the mines, was that captalism or socialism?
If our economists are to create sustainable employment, the first step should be to create Zambian macro-economic policies which are locally driven and aimed at reducing costs of production especially those to do with electricity and fuel.
There must be further reductions in interest rates to trigger cheaper internal capital borrowing by local investors to create private local wealth.
And there must be tax holidays offered to those local investors who wish to invest in capital projects like water, electricity generation and manufacturing and of course, helped by government.
This can be attained provided we accept and admit that we are the solution to youth unemployment and stop waiting for solution fro m the west.
Sata dethrone Sosala as Chief Mwamba
Mr Sata has since written to Chiefs and Traditional Affairs Minister, Nkandu Luo to send the Statutory Instrument warning to the House of Chiefs to stop paying Mr Sosala subsistence allowances.
According to the letter which was copied to the Times in Lusaka yesterday, Mr Sata using powers vested in him issued the order which was the Chiefs Withdrawal of Recognition Order of 2013.
Details were that Henry Kanyanta Sosala of Ituna area ceased to be Senior Chief Mwamba of the Bemba people of Kasama District in Northern Province.
On Wednesday, the President had ordered a stop to reference of Mr Sosala as the Senior Chief noting with displeasure the manner in which he had continued to carry the title of Senior Chief Mwamba.
He said it was not the intention of the Government to interfere in chief’s succession processes but would equally not stand idle and watch “deliberately” created confusion take root in the management of chiefs and traditional affairs.
“On his own admission, the said gentleman, Henry Sosala has confessed publicly in the media (refer to the Post newspaper edition No. 6039) where he said, “…he has not undergone the traditional initiation rituals as required by the Bemba tradition,” with the above confession, how then can Mr Sosala continue carrying the title of Senior Chief Mwamba?
“By copy of this letter I am demanding that the media immediately cease quoting or admitting any material for publication from the said gentleman, under the title of Senior Chief Mwamba until this confusion is sorted out,” Mr Sata had said. Times of Zambia
Utd boss to raid old club
Moyes will take over from Alex Ferguson in the Manchester United hotseat on July 1.
And one of his first targets will be a £15million move for England left-back Baines — with the prospect of making it a £39m double swoop for Fellaini too.
Moyes, 50, stays in charge at Everton for the last two games of this season.
And the Scot will bid an emotional farewell to Goodison Park in their final home game of the season against West Ham on Sunday.
Former Wigan full-back Baines, 28, has long been on United’s radar but the champions have never made an official approach.
That is set to change when Moyes checks in with the mouthwatering bonus of having the attack-minded Baines providing ammunition for Robin Van Persie in the middle.
Everton know they are powerless to stop him the soon-to-leave manager moving for the defender, who is already odds-on to start next term at United.
And they are equally aware it would be hard to deny a player such a move — the chance to join one of the biggest clubs in world football.
United also need to strengthen the midfield, and a £24m release clause in Fellaini’s contract means the fee is already public.
The fact Fellaini, 25, can play as an attacking midfielder or an enforcer — something United have lacked in recent years — makes him doubly appealing.
And the Belgian has openly admitted he wants to play in the Champions League.
Moyes’ appointment at United means Fergie has got his man 15 years after first trying — and sees the departing boss getting his way for one final time.
Ferguson told Old Trafford top brass — who originally feared Moyes was not a big enough name and would affect the share price — he was his overwhelming recommendation to replace him.
He first tried to tempt his fellow Scot to United as his right-hand man in 1998, when Moyes was still chasing Championship promotion as Preston boss.
And after imposing his will on the 20-time champions as his parting gift, Fergie admitted: “When we discussed candidates we felt had the right attributes, we unanimously agreed on David.
“I’ve admired his work for a long time and approached him as far back as 1998 to discuss the position of assistant manager here.
“There is no question he has all the qualities we expect of a manager at this club.”
Fergie’s decision to retire was such a bolt from the blue that Moyes only learned of United’s interest last Thursday.
Two days earlier he was still working on Everton’s plans for next pre-season.
Yet, after being handed a six-year deal at Old Trafford, he admitted he was “thrilled and delighted” by his appointment.
Moyes confessed: “It’s a great honour and I’m delighted Sir Alex saw fit to recommend me for the job.
“I know how hard it will be to follow the best manager ever.
“I have had a terrific job at Everton, with a tre-mendous chairman and board and a great set of players. Everton will be close to me for the rest of my life.”
The news the world was waiting for finally became official in mid-afternoon, when both clubs released statements — Everton's pipping United by a few minutes.
The Blues confirmed: “David Moyes will leave at the end of the season.
“He met chairman Bill Kenwright and confirmed his desire to join Manchester United.
“Everton officials will start the search for a replacement immediately.”
That followed an embarrassing false start by United, whose Facebook page had earlier put up a picture welcoming Moyes to Old Trafford.
Bookies reacted to Moyes’ appointment by making United 15-8 SECOND favourites to retain the title, behind Manchester City.
But the new manager’s teenage daughter has no doubts that her dad will be a smash hit.
Lauren Moyes tweeted: “Ferguson has been a wonderful manager for Manchester United and my Dad will continue his success.” The Sun
No tribunal to investigate the three judges
Delivering a four-hour judgment yesterday, acting Chief Justice Lombe Chibesakunda on behalf of a bench of seven, however, ruled that President Michael Sata did not breach his Constitutional powers when he suspended the trio and the subsequent setting up of the tribunal.
The three are Supreme Court Judge, Phillip Musonda and two High Court judges, Nigel Mutuna and Charles Kajimanga.
Ms Justice Chibesakunda sitting with her Deputy, Florence Mumba, Judges, Marvin Mwanamwambwa, Hildah Chibomba, Gregory Phiri, Munyinda Wanki and Elizabeth Muyovwe advised the State not go ahead with the tribunal due to the nature of the case.
“Although we agree that the President’s decision to appoint a tribunal was not ultra vires, we believe it would be advisable for the tribunal not to proceed due to the nature of issues raised and we make no
orders with regards to costs,” she said.
She said that this was a landmark judgment in the history of Zambia claiming that the outcome would instill the sense of responsibility in the judiciary, the court’s jurisdiction as well as the conduct of the
profession.
Judge Chibesakunda said the tribunal would have accorded the three judges to give the side of their story as it was not a prosecution.
She said High Court Judge Fulgence Chisanga misdirected herself when she granted the respondents leave to apply for judicial review which also acted as a stay to the proceedings because the President had already appointed the tribunal.
Justice Chibesakunda’s judgment was followed by three dissenting judgments by Judges Mwanamwambwa, Muyovwe and Chibomba who all said that the learned trial judge was on firm ground to stay the proceedings.
The judges argued that Article 98 (3) which the President used to suspend the tribunal could be challenged through a judicial review by anyone who was not agreeable with the action because law was not static.
Commenting on the judgment, Solicitor General Musa Mwenya said it was one of the landmark judgments where judges exercised their independent minds to come up with the judgment.
Mr Mwenya said the judges could not be faulted for coming up with different views on the case.
“This is one case where judges have exercised different independent views in a serious and extremely constitutional matter. In my view the judges have acquitted themselves and they cannot be faulted with the way they have decided on this case,” Mr Mwenya said.
Attorney General Mumba Malila had appealed against Judge Chisanga's decision to stay proceedings of the tribunal appointed by Mr Sata to probe the alleged misconduct of the three Judges.
Mr Malila had indicated in his notice of appeal to the Supreme Court that the State was dissatisfied against the ruling and as such it was appealing against the whole ruling delivered by Judge Chisanga on May 24, 2012.
The Judges had sought judicial review in respect of the decision made by President Sata on April 30, 2012, to appoint a tribunal to investigate them.
But Ms Justice Chisanga in dismissing the State's application stated that she did not agree with Mr Mwenya that the investigations to be conducted by the tribunal ought not to be stayed simply because the process was investigative in nature.
"My firm position is that the investigations, being non-criminal in nature, are amenable to be stayed. It would totally defeat the course of justice not to stay the President's decision," she had said. Times of Zambia
Thursday, May 9, 2013
Buyer of Kaufman's manhood nabbed
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| Mr Kaufman |
The business lady who runs one of the night clubs in town with a fountain of customers especially Arsenal football fans is alleged to be the buyer of Mr Kaufman’s manhood.
Mr Kaufman the proprietor of Kauftech, Kaufman Ltd and Cartek body & Spray was alleged to have been killed by his Zambian wife Pergy Meleka and her sister Emily on November 24, 2012.
Sources have told The Independent Observer that the woman was in fact picked by police officers from Ndola and her whereabouts was not yet known but it was strongly believed that she was in at one of the police stations in Ndola.
The exact use and whereabouts of the manhood is unknown and the police dragnet has continued though the business man who was earlier implicated in this matter was yesterday seen the streets of Chingola free and happy.
See related stories
Bizarre turnaround in Kaufman's death; Kaufuman suspected killers arrested; Kaufman killers finally warned and cautioned
Homos deny the charge......as Holywood mood characterise Kapiri
DRAMA characterised the Kapiri Mposhi magistrate’s court yesterday when two men appeared to take plea on a charge of being in a homosexual relationship against the Laws of Zambia.
Meanwhile police in Kabwe police are holding two other men suspected to be involved in a homosexual relationship after they were allegedly found kissing.
In Kapiri Mposhi, scores of Kapiri Mposhi residents thronged the court room which was full to capacity forcing others to sit on the floor to have a glimpse of the two while others mocked them outside court calling one of them “banabwinga” meaning the bride-groom.
The matter is before Kabwe-based Principal Resident Magistrate John Mbuzi.
The two who looked shaken, took plea amid loud murmuring inside court when they pleaded not guilty to the all four counts read to them by magistrate Mbuzi.
In the first count Philip Mubiana, it is alleged that between April 11 and April 27, 2013 had carnal knowledge of James Mwape contrary to the order of nature and contrary to the Laws of Zambia.
In count two Mwape is allegedly to have permitted Mubiana to have carnal knowledge of him against the order of nature.
In count three Mubiana on May 5, 2013 is alleged to have had carnal knowledge of Mwape against the order of nature while in count four Mwape is alleged to have permitted a fellow male Mubiana to have carnal knowledge of him against the order of nature.
The two, however, after taking plea in three counts in which they pleaded not guilty, they attempted to refuse to take plea in the fourth count saying that will only be done in the presence of their lawyers, but magistrate Mbuzi guided them that their lawyer was welcome to represent them saying yesterday was just for plea and not trial to which they later agreed voluntarily take plea.
When the two appeared, the the court ordered them to face the court and not to look down and almost covering their faces as proceedings went on.
The taking of plea was characterised by murmurs immediately after they pleaded not guilty.
The court also ejected three women for making noise while the proceedings were going on while another man had his mobile phone
confiscated after he started taking pictures of accused persons inside the courtroom and was briefly detained.
Outside court scores of onlookers demanded that the two should remove their coats that were covering their faces saying they wanted to properly see their faces.
Others shouted “the newlywed couple should not be embarrassed but should be brave.”
Meanwhile, some relatives to the accused persons hurled insults at journalists and some photographers who attempted to take pictures and threatened to sue if they were to publish the pictures.
Police had a tough time to control the mob.
Trial is set for May 22, 2013 and the two were remanded in custody.
In the Kabwe incident Central Province Police Commissioner Standwell Lungu said police was holding the two men to assist with investigations but could not confirm the homosexual relationship.
He said police was still investigating the matter.Times of Zambia
Meanwhile police in Kabwe police are holding two other men suspected to be involved in a homosexual relationship after they were allegedly found kissing.
In Kapiri Mposhi, scores of Kapiri Mposhi residents thronged the court room which was full to capacity forcing others to sit on the floor to have a glimpse of the two while others mocked them outside court calling one of them “banabwinga” meaning the bride-groom.
The matter is before Kabwe-based Principal Resident Magistrate John Mbuzi.
The two who looked shaken, took plea amid loud murmuring inside court when they pleaded not guilty to the all four counts read to them by magistrate Mbuzi.
In the first count Philip Mubiana, it is alleged that between April 11 and April 27, 2013 had carnal knowledge of James Mwape contrary to the order of nature and contrary to the Laws of Zambia.
In count two Mwape is allegedly to have permitted Mubiana to have carnal knowledge of him against the order of nature.
In count three Mubiana on May 5, 2013 is alleged to have had carnal knowledge of Mwape against the order of nature while in count four Mwape is alleged to have permitted a fellow male Mubiana to have carnal knowledge of him against the order of nature.
The two, however, after taking plea in three counts in which they pleaded not guilty, they attempted to refuse to take plea in the fourth count saying that will only be done in the presence of their lawyers, but magistrate Mbuzi guided them that their lawyer was welcome to represent them saying yesterday was just for plea and not trial to which they later agreed voluntarily take plea.
When the two appeared, the the court ordered them to face the court and not to look down and almost covering their faces as proceedings went on.
The taking of plea was characterised by murmurs immediately after they pleaded not guilty.
The court also ejected three women for making noise while the proceedings were going on while another man had his mobile phone
confiscated after he started taking pictures of accused persons inside the courtroom and was briefly detained.
Outside court scores of onlookers demanded that the two should remove their coats that were covering their faces saying they wanted to properly see their faces.
Others shouted “the newlywed couple should not be embarrassed but should be brave.”
Meanwhile, some relatives to the accused persons hurled insults at journalists and some photographers who attempted to take pictures and threatened to sue if they were to publish the pictures.
Police had a tough time to control the mob.
Trial is set for May 22, 2013 and the two were remanded in custody.
In the Kabwe incident Central Province Police Commissioner Standwell Lungu said police was holding the two men to assist with investigations but could not confirm the homosexual relationship.
He said police was still investigating the matter.Times of Zambia
Fergie leads call for Everton chief David
ALEX FERGUSON wants David Moyes to succeed him as manager of Manchester United.
And he is backed by a host of Old Trafford legends who are calling for the
Everton boss to take over.
United were in turmoil last night after Fergie’s shock decision to retire, as predicted in yesterday’s Sun.
He has urged his board to move for fellow Scot Moyes, 50, who held emergency talks in London with Everton supremo Bill Kenwright.
Chairman Kenwright last night insisted no deal was in place and that Moyes would be in charge for the Toffees’ home game against West Ham on Sunday.
Kenwright also insisted the decision would be left with Moyes and revealed that he had not said farewell to any of the players.
But an announcement could still be made today. Moyes was the top choice among United legends Gary Neville, Denis Law and Peter Schmeichel.
Yet an exclusive Sun online poll showed most fans want Jose Mourinho.
The Special One received 40 per cent of the 65,000 votes, with Moyes getting 32 per cent.
And it is also understood there are boardroom fears of United’s share price plummeting if Moyes is put in charge of such a huge financial institution, as opposed to a glamorous appointment like Real Madrid boss Mourinho.
But former skipper Neville led the calls for Moyes to be appointed.
Red Nev said: “I would welcome the appointment of Moyes — somebody who is there for the long term.
“This club does not go for quick fixes.”
Goalkeeping legend Schmeichel, who won the Treble under Fergie in 1999, said: “When we talk about David Moyes, he’s been at Everton for more than a decade on limited funds and he’s done a fantastic job.
“You look at him and think stability and longevity — that’s an important thing for United.”
Michael Owen, one of Fergie’s shock signings when he arrived on a free in 2009, sees similarities in the United boss and Moyes.
He said: “What an act to follow. I guess only Mourinho would have the confidence to strut through the door.
“If it were me, I’d go for Moyes.”
Legends from before Ferguson’s era have also backed the Goodison manager.
Former striker Law said: “I would not be surprised if it’s Moyes. He has done a marvellous job at Everton.
“Alex had the European Cup Winners’ Cup that he won with Aberdeen but was not experienced in the European Cup either and, as we all know, he went on to win it.
“I think there is a time for all managers to be the first to do something and Moyes’ record has been excellent.”
Bobby Charlton, who will have a say in who is appointed, insists Champions League experience is not essential.
He said: “It depends who it is, everyone has different opinions.”
Former Old Trafford skipper Bryan Robson admitted: “The two on the list are Mourinho and Moyes — you’ve got the two extremes there.”The Sun
United were in turmoil last night after Fergie’s shock decision to retire, as predicted in yesterday’s Sun.
He has urged his board to move for fellow Scot Moyes, 50, who held emergency talks in London with Everton supremo Bill Kenwright.
Chairman Kenwright last night insisted no deal was in place and that Moyes would be in charge for the Toffees’ home game against West Ham on Sunday.
Kenwright also insisted the decision would be left with Moyes and revealed that he had not said farewell to any of the players.
But an announcement could still be made today. Moyes was the top choice among United legends Gary Neville, Denis Law and Peter Schmeichel.
Yet an exclusive Sun online poll showed most fans want Jose Mourinho.
The Special One received 40 per cent of the 65,000 votes, with Moyes getting 32 per cent.
And it is also understood there are boardroom fears of United’s share price plummeting if Moyes is put in charge of such a huge financial institution, as opposed to a glamorous appointment like Real Madrid boss Mourinho.
But former skipper Neville led the calls for Moyes to be appointed.
Red Nev said: “I would welcome the appointment of Moyes — somebody who is there for the long term.
“This club does not go for quick fixes.”
Goalkeeping legend Schmeichel, who won the Treble under Fergie in 1999, said: “When we talk about David Moyes, he’s been at Everton for more than a decade on limited funds and he’s done a fantastic job.
“You look at him and think stability and longevity — that’s an important thing for United.”
Michael Owen, one of Fergie’s shock signings when he arrived on a free in 2009, sees similarities in the United boss and Moyes.
He said: “What an act to follow. I guess only Mourinho would have the confidence to strut through the door.
“If it were me, I’d go for Moyes.”
Legends from before Ferguson’s era have also backed the Goodison manager.
Former striker Law said: “I would not be surprised if it’s Moyes. He has done a marvellous job at Everton.
“Alex had the European Cup Winners’ Cup that he won with Aberdeen but was not experienced in the European Cup either and, as we all know, he went on to win it.
“I think there is a time for all managers to be the first to do something and Moyes’ record has been excellent.”
Bobby Charlton, who will have a say in who is appointed, insists Champions League experience is not essential.
He said: “It depends who it is, everyone has different opinions.”
Former Old Trafford skipper Bryan Robson admitted: “The two on the list are Mourinho and Moyes — you’ve got the two extremes there.”The Sun
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