A day after President Sata swore in the tribunal headed by Malawi high court judge Lovemore Chikopa, Zambian high court judge, Flugence Chisanga, ruled against it in an injunction in a move that inevitably pitted the judiciary against the executive.

President Sata swears in Malawian Judge Lovemore Chikopa to head the tribunal probing three Zambian judges. Picture courtesy of State House via Zambian Watchdog

Ms Justice Chisanga said:

Upon hearing counsel for the applicants and reading the affidavits of Judges Mutuna and Kajimanga respectively, it is hereby ordered that the applicants be and are hereby granted leave to apply for judicial review.

And it is further ordered that the leave so granted shall operate as a stay of the decisions of his Excellency the President to appoint a tribunal, to suspend the applicants and any adverse measures against the applicants in relation to the performance of their Constitutional duties as duly appointed Puisne Judges pending determination of this matter or further direction by this court.

Justice Minister, Sebastian Zulu, quickly issued a statement that was placed on the state house website saying the judiciary was panicking, ordering the Solicitor-General to overturn the ruling:

I have ordered the solicitor General to immediately have that stay revoked on the ground that under section 16 of the state proceedings Act. An Injunction may not be granted against the state.”
“An Order of stay is in fact a mandatory injunction which is ordering that the  tribunal should not take off, That is what the law does not allow. It (law) doesn't allow such an order as far as I a[m] concerned.

Zulu also told a press briefing that the court’s decision was illegal and amounted to a direct attack on the president’s decision.

One of the three suspended judges, High Court Judge Philip Musonda. Photo courtesy of statehouse.gov.zm.

Ruling in the matter after the application by the State to have the injunction against the tribunal dismissed was set for hearing on May 24.

The matter also engulfed the Chief Justice whom the University of Zambia Students Union called upon to step down.

Netizens have followed this matter keenly on social media forums.

Ms Justice Chisanga won kudos for her courage. Commenting on a related post on Zambian Watchdog, Solicitor wrote:

What a galant lady this Chisanga is she. Fearless and sticks to then law without looking at who is involved. this how judiciary should be. The weak judges must learn from this judge who can’t succumb to executive presure. I hope she will be the next chief justice after [Enerst Sakala] as she will uphold the rule of law. Pf cadres on blogging should stop trivializing such bluntant abuse of eecutive powers by its president and some of those in his party. Zambia doesn’t belong to MCS nor to his party and the likes of membe and Nchitos but to all of us.We need a relaible judicial system which will defend the rights of fair justice for every one without looking at the faces of those involved and this is what lady Chisanga has just demonstrated…

MUKUKA MBULU – AYANGA NA MAKA on the development under the same story wrote, wrote:

The measure of any Judiciary is whether it can stand the pressure from the Executive and in this case Judge Chisanga has more than redeemed the Juciary. The measure of any corruption fight is whether you can confront and arrest not just your enemies but also your friends and in this case Mr. Sata has failed completely by refusing to confront his friends to compel them to pay back the K14bn owed to DBZ or even to talk about it. Contrast this to what the President would have said and done if the K14bn was owed by Henry Banda. The Corruption fight is DEAD because it is targeted only at enemies and this case proves it. Thank you Judge Chisanga. The coutry owes you the same way it owes Christon Tembo who gave up the Vice Presidency of Zambia to fight the Chiluba Third term bid while the same Mr. Sata was supporting Chiluba.

In one exchange between two tweeps, the following was gleaned:

@munshyamunshya: My advice to Zulu & Co. don't pick a fight with the entire judiciary.

@imatambo: @munshyamunshya: are the supreme court judges above the law? In the interest of separation of powers they should be checked by the executive

@munshyamunshya: @imatambo No, judges aren't above law. And so when they are corrupt you report them to ACC and Judicial Complaints commission!

One sceptic tweep doubted the authenticiy of the judicial review:

@sandaykc: @Zambia_Reports @missbwalya @gndhlovu @the_josephk @VOAAfrica Good attempt for judicial review but we all know by now this is all academic.

Written by Gershom Ndhlovu · comments (0)
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President Sata recently sued United Party for National Development leader Hakainde Hichilema, the Daily Nation newspaper, radio station Hot FM and University of Zambia lecturer Cholwe Beyani for defamation of character and demanded to be paid K1.2 billion or US$ 266,667 in damages.

Artistic depiction of Michael Sata as Zambia's Black Moses. Image source: 90 Days Countdown Facebok group.

President Sata also indicated that he wanted Hichilema to retract the defamatory story published in The Daily Nation newspaper edition of May 16, 2012, in which the paper quoted the opposition leader as saying Sata awarded a K600 million contract to his friend to renovate State House.

The Lusaka Times story quotes the letter to the Daily Nation as saying:

We have been retained by Mr. Michael Chilufya Sata, the current president of Zambia and of the Patriotic Front political party, to act for him in a matter concerning your defamation of him in the article in the Nation Newspaper edition published on 8th of May, 2012 (Vol. 2, Issue 175) entitled ‘Sata Shielding Crooks.’

President Sata also demanded a retraction, an apology and K500 million from a University of Zambia (Unza) lecturer Cholwe Beyani for defamation who for saying the removal of lawyer Vincent Malambo from representing the Development Bank of Zambia (DBZ) was an attempt by the head of state to shield his friends from prosecution.

Sata also filed a defamation suit against Hichilema over alleged defamatory remarks the UPND leader made when he featured on Hot FM’s Hot seat live programme on April 26. President Sata is demanding K500 million as compensation.

Sata in his suit also also demanded another K500 million from Hot FM Radio as the publisher of the alleged defamatory remarks and for the radio station to retract the defamatory remarks made by Hichilema.

According to instructions sent to his lawyers Ituna Partners, Hichilema has been given 7 days to apologize and retract the statements he made.

On May 11, the offices of international lawyer Robert Amsterdam, representing former President Rupiah Banda’s son, Henry, wanted in Zambia for questioning on allegations of various crimes that may have been committed during his father’s reign, received correspondence from President Sata’s legal representatives threatening litigation and demanding compensation in response to public statements made by Mr Amsterdam on the PF’s government’s pursuit of political opponents.

Said the sharp-tongued Amsterdam (this author has interviewed him before):

President Sata’s crude efforts to silence and bully opponents with threats and intimidation will not work, and we would in fact welcome the opportunity to lead a serious public debate on the unlawful conduct of this administration… As a public figure, I had no idea that President Sata was so sensitive to criticism, but given this government’s stance toward freedom of the press, it shouldn’t come as a surprise.

While President Sata is suing citizens, he himself is constitutionally immune from civil and criminal prosecution as head of state. Netizens have added their voice to the President suing his critics.

Commenting on the Zambian Watchdog, Mambwe wrote:

Close friends of Sata (Guy Scott, GBM, Kambwili) should pluck up some courage to advise their President that his Republican status does not allow him to behave like an ordinary man in the streets of Lusaka, Kitwe of Ndola where he can exercise the luxury of making money by sueing percieved enemies to courts. A President must learn to absorb cruel and well-meaning criticism from the public. The Speakers Corner in London’s Hyde Park have preserved such a facility where the Queen can be criticised severely. If Sata is sensitive to honest criticism, then he must resign, declare to forego his presidential immunity and face his colleagues on a level playing ground. His lawyers will have to fight it out with other sharp-shooting talented legal minds.

Advocate wrote:

If the nation had to sue for the unfulfilled promises within 90 days,how many cases could there be.I thought a President should have thick skin to critism and other comments.There should be a well designed system to rebut various accusations inorder to inform the public about the truth.That is what leadearship is all about.Are people expected or forced to be quite even if they suspect something has gone wrong within the Executive.Dictatorships start this way.

Written by Gershom Ndhlovu · comments (0)
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The Indeni plant is where imported crude delivered via the Tazama pipeline is processed into finished products; diesel, petrol and kerosene. Zambian citizens are incensed by the fact that President Michael Sata’s PF government donated five million liters of fuel to Malawi barely a month ago. This seems to evoke feelings of bitterness especially in those who did not vote for the president during the previous elections.

Fuel cans. Image by Stanley Kubrock from eufrika.org (CC BY-NC-SA 3.0).

The Zambian Watchdog reports:

The crude oil importation deals entered by the PF government are finally being felt in various parts of the country through fuel shortages.
In Kabwe, motorists have been queueing for Petrol and Diesel for four days now whilst brothers and sisters in Malawian are enjoying the abundant fuel ‘donated’ by the generous neighbouring PF government in Zambia.

The story continues:

Sources in the Ministry of Energy have told the Watchdog that the situation is likely to worsen as the ship carrying crude oil imported by the PF government suppliers has not docked in Tanzanian port of Dar-es-Salaam forcing the Indeni plant to shut down the refinery on Monday.
The PF [ruling Patriotic Front] government is giving a few litres of fuel to selected oil marketing companies for the Zambia consumers and industries as they also have to fulfil the fuel promise to Malawi ‘within 90 days’.

Supporters in a truck celebrate the victory of opposition leader Michael Sata as he was sworn in as the fifth Zambian president. Image by Owen Miyanza, copyright Demotix (23/12/2011).

Rio, Zambian Watchdog reader, responds:

It is not only Kabwe; some filling stations in Ndola have either no diesel or Petrol: I filled up my fuel tanks for the cars to be safe!

Another reader, Kapyololo, thinks that fuel shortages is a sign of poor governance:

Now fate is catching up with these PF goats. they thought things will be well with them when they secretly donate five million liters of fuel to Malawi. we call this carelessness. Jesus in the bible was very clear when he said do not give food meant for children to dogs otherwise your children will die of hunger. what now, fuel shortage is looming in the country. will Malawi give us our fuel? even the alleged cheap fuel which this kabimba with his mathani crookman are planning to bring in the country is not enough. come on people, lets not experiment with governance.it is costly.
don’t say kapyololo did not warn. we saw this comig

Czar has a logical explanation:

PF’s lies are what got them into government. Those of you who believed their lies and voted en mass for them should swallow your pride and admit you got it wrong. Mismanagement is the order of the day. Politics done to appease kaponyas (hustlers) will not develop this country.

Royd Moonga shares his displeasure on Zambian People’s Pact Facebook group:

WHAT A PRESIDENT :Shamelesly Kabwe hit wth FUEL SHORTAGES barely a month with PRESIDENT Sata shocking 5m litres of Fuel donation to Malawi!

Royd's sentiment is echoed by a few others such as Timothy Tslubaby Chimpangu:

it was sad,i was in kabwe that day,it was hell,we were buying fuel from the changanyas.shame on this man with his decisions.

Archritius Mwanakayaya says:

the man is shameless,the economy is hanging due 2 lack of direction by this govt

Mubiana Sitwala disagrees:

Before you call anyone shameless, identify, understand and analyse. If the issue is country wide your concern can be genuine, but this is an issolated case of Kabwe. Find out if the shortage is caused by the donation of fuel to Malawi. May i beg you to be rational in your attacks on the president.

Kanyanja writes on his Facebook wall:

The crude oil importation deals entered by the PF government are finally being felt in various parts of the country through fuel shortages.
In Kabwe, motorists have been queueing for Petrol and Diesel for four days now whilst brothers and sisters in Malawian are enjoying the abundant fuel ‘donated’ by the generous neighbouring PF government in Zambia.

Gift Mbewe reminds Zambians that this is not the first time Zambia experiences fuel shortages:

Its not the first time this is happening. It used to happen even in MMD. But the point to note is that so far no change, still the MMD mentality.

The 5 million litres of fuel were donated by Zambian government following the death of Malawi's president Bingu wa Mutharika.

Written by Isabella Mukanda-Shamambo · comments (0)
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A day after the glitch, Zambian Watchdog reported that its website was a target of a sustained attack allegedly by the PF government. Reported the website popularly known as ZWD among Zambian netizens:

PF government agents last Wednesday carried out their most ambitious attack on the Zambian Watchdog website with view of  destroying it.

“The site has been attacked using denial of service and no personal information has been compromised”
The attackers have used Optima/Darkness DDoS botnet that is popular in the Russian-speaking cybercrime black market.
The Attack caused inaccessibility to the news for close to 8 hours.
Other websites like http://www.tumfweko.com were also brought down that day.

President Sata looking at the Facebook page of opposition MMD MP Dora Siliya. Picture courtesy of McLan Mkuni on the Bemba vs Nyanja: Miponto Sha Ci Mbuya group page.

Although difficult to prove that the attack was carried out by the PF government, the relationship between the Zambian Watchdog and the PF has not been all rosy even as an opposition party before the 2011 elections. President Michael Sata’s statement when he swore in Attorney General Mumba Malila shortly after he took up the president did not help matters.

President Sata told Mr Malila who had once held the same position under the defeated MMD government:

“Last year when we were preparing for elections, these so called unregistered internet sites reported that Mr Sata had collapsed, Mr Sata is very sick, Mr Sata has died…

“So, I am not asking for a witch- hunt, but you as Attorney-General, let us enforce the laws of this country because all these internets are all orchestrated by the UPND. Last year the Watchdog website lied that he was dead, he was too sick, when in fact not. “

Chilling though, was a story that was reported earlier this year that the government had released K5 billion or US$1 million to send police and security staff around the world to train them to hack the targeted websites.

The Independent Post, which was also hit by a similar attack, quoting an email it got from Zambian Watchdog  quoted from the Cyber War Zone website, reported:

Watchdog comment: The Watchdog is aware of the hackers sponsored by the PF government to wipe out all Independent news websites in Zambia.

About K5 billion tax payers money has been released to government agents and some have been sent to China and other countries to learn how to hack websites. Even though we hear that most of this money has been used on beer and prostitutes.

Graph of the distribution of DDoS attacks on Zambian Watchdog. Image source: zambianwatchdog.com.

A Wikipedia entry claiming that President Sata had been assassinated did not help matters in the relationship between citizen news websites and the government. It was shortly after that incident that the reported K5 billion was released for the war against recalcitrant news websites.

Commenting on the Zambian Watchdog attack story, Mufana Wamahafu wrote:

The PF will soon run out of cash in their quest to close critical online publications.Even if ZWD is brought down today, another one will immediately be setup by the same owners. The PF will have to subcontract the Vietnamese and Russians at what cost? Because we all know that PF has no capacity to even learn how to go about this whole process.Its a party of thick heards. I mean the president is a grade ZERO ZERO ZERO. Please hear this: ONLINE NEWS IS HERE TO STAY. FINITO!!! This is just a tip of the iceberg, ZWD and the rest of these online newspapers has’nt even reached their optimum. Its too early to press the panic button ba kaponya imwe [you louts].

Reacted a reader calling himself Say What?:

DoS attacks don’t come cheap and are difficult to sustain.
If the PF really is behind this then some great use of our tax money, huh? No price too high to pay for suppressing freedom of speech? Guess I missed that line in the PF Manifesto.

But one reader, Jackson, had a different view:

I DONT THINK A SERIOUS GOVT. CAN LOSE SLEEP OVER A SMALL,BIASED,TRIBAL AND UNETHICAL WEBSITE. THESE ALLEGATIONS ARE TOTALLY BASELESS.

On 2 April, 2012 Zambian Watchdog reported that the government has intensified crackdown on Internet users:

The PF government has heightened its internet crack down on citizens who use to discuss matters that affect them.

But the crackdown on the Internet may land the Zambian government in trouble as it risks being listed as one of the Internet enemies.

The government through its secret service is now monitoring and gathering Internet Protocol (IP) addresses of people who regularly comment on political matters on popular news websites or social media like Facebook and Twitter.

As example, the Zambia Media Forum, a private discussion group has been invaded by state agents who are passing on details of group members to the state.

Zambia Medium Forum is a discussion group whose members are mostly Zambian journalists and Civil Society activists. Some of the members work for government and parastatal companies.

Last week, at least three members of the Forum were interrogated by OP [Office of the Predisent] agents from their respective offices.

Written by Gershom Ndhlovu · comments (2)
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Zambian Bloggers with the help of HIVOS are setting up a BLOG Ring for the Zambian Blogosphere to help in the generation of local content. We hope to work virtually and also meet in person during the monthly meetings to network on many issues. We hope to generate funds through micro payments, doing some relevant jobs to content creation and management and also through adverts. We still welcome grants, any donations and sponsorships to cover a lot of costs including high internet costs.

Zambian Bloggers hope to redress some of the inequities in the traditional media by leveraging the power of citizens’ media. We believe in freedom of expression and hope to focus our attention on the most interesting issues around Zambia by linking to social media, blogs, photos, podcasts, video and other forms of grassroots citizens’ media.

It is hoped that with the BLOG RING, Zambian Bloggers Network can grow to be consistent in it’s news coverage and regular in blogging and also become visible to Zambians and the world over. To critically reflect on the Zambian society issues, the bloggers hope to enlarge spaces of expression. It is hoped that bloggers may receive appropriate training in all forms of blogging and web 2.0 applications.

The network's description on its website reads:

Brenda Zulu - Zambian journalist and blogger. Photo courtesy: Brenda Zulu.

This is a community of Zambian Bloggers who are to bring reports from blogs and citizen media, with emphasis on voices that are not ordinarily heard in mainstream media.

We hope this space will enlarge spaces of expression for bloggers to critically reflect on the Zambian society.

The platform hopes to provide bloggers with capacity building in WEB 2.0 applications and introduction to new media.

Florence Gichoya was one of the participants at the network´s first meeting in Lusaka. She wrote:

Most of the bloggers are journalists interested in new media, they blog about health, politics, gender, environment etc. There are also two photo bloggers and a cartoonist.

What I gathered from the meeting was that there is a gap in Zambia in areas of podcasting and video blogging.
The rate of blogging in Zambia has also been very low. And the main objective for the network is to strengthen the Zambian blogosphere. Brenda emphasises that as bloggers “we are stronger together”. There are many voices that are not heard in the mainstream media therefore the bloggers give those issue a voice.
During the strategy meeting members decided to create a blog ring and blog collectively on contentious issues for instance, gender based violence, homosexuality, abortion and early marriages. They also agreed to have more online interactions on blogs, dgroup and other social networks.

The network plans to start mentoring and training programs:

What’s the future?
The future projects that they came up with were: They plan to have more mentorship programs for the upcoming bloggers. Also training on new media is imperative for every blogger in order to ensure more readers access their articles. Impart skills on how to make money through blogging. Training on web page designing and create general awareness on blogging. Creation of more Zambian content and to set the agenda for Zambia on issues affecting the citizens e.g. water, road safety, HIV and AIDS and gender development.

Writing about the state of Zambian blogosphere in 2010, Zambian Economist observed:

A strange thing has happened in the Zambian blogosphere. Rather than grow, it appears to have shrunk in recent times. In the early days of this blog we saw all kinds of other Zambian blogs popping up. Today very few Zambians blogs are update or maintained. Many people discovered that starting a blog is quick and easy. Few realise how difficult it is to maintain one. This incidentally is not a Zambian phenomenon. Today, millions of blog start-ups still exist on the web, but much of the blogosphere is beginning to look like a graveyard. Huge gaps in posts posted and the phrases “Sorry I haven’t posted lately” is the first line of many a front-page post.

The state of Zambian blogosphere looked promising in 2007:

The Zambian blogsphere is growing. Two years ago one would struggle to find a regularly updated blog covering any meaningful issues. I am happy to report that is now changing. New blogs are being created at pace faster than I can count. And the good news is that what were personal entries are now being transformed into meaningful blogs that seek to encourage dialogue and trading of ideas.

On 12 July, 2012 Global Voices published an interview between Soneka Kamuhuza and Brenda Zulu about the state of Zambian blogosphere. When asked about the current attitude towards blogging in Zambia, Brenda noted:

Well there is a number of Zambian bloggers but most of them live in the Diaspora. Many Zambians living in the Diaspora blog frequently than Zambians living at home. This is also associated with issue of access to the internet for Zambians at home. Many Zambians can now access internet on their mobile phone where they can mostly do micro-blogging. Otherwise, some even connect their mobile phones to their computers if they would like to do some blogging. Others access the internet from internet cafes, libraries, use mobile dongles, rabbits, wifi, etc. Internet access in Zambia is not cheap even with the coming of optic fibre networks. As one moves away from the city to rural areas access to the internet doubles while losing mobile networks.

Zambians living at home are not prolific bloggers. There are many Zambian blogs online but most of them are dead blogs as they are not updated frequently. Many Zambians are good at micro-blogging and the use of Facebook. Zambians use Facebook more than any other social media platform. Very few Zambians are on Twitter and among the few that have Twitter accounts very few use their accounts. Many claim that they don’t know how to use Twitter.

Zambian Bloggers Network can also be found on Facebook.

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President Sata suspended Supreme Court Judge Philip Musonda, along with High Court judges Nigel Mutuna and Charles Kajimanga for allegedly improperly transferring a civil case in which state-run Development Bank of Zambia (DBZ) had sued the Director of Public Prosecutions Mutembo Nchito with his lawyer brother Nchima Nchito and private newspaper The Post owner, Fred Mmembe over an unpaid debt of K14 billion or US$2.5 million in their capacity as directors of defunct airline, Zambian Airways. Justice Mutuna, in his judgment, ruled that the defendants pay back the debt.

Supreme Court of Zambia building. Picture courtesy of Wikipedia

The airline’s and it’s directors’ woes started under the then MMD government whose leaders under President Rupiah Banda called the company’s debts it owed DBZ and the National Airports Corporation, a state company that runs major airports, apparently because the Nchitos had been in the forefront prosecuting Zambia’s second president Frederick Chiluba who had been appearing in court for plunder of national resources. The former president’s cases were discontinued after his successor, Levy Mwanawasa, who initiated the cases, died.

Mmembe, on the other hand, was also and still is The Post’s managing editor. The newspaper has over the years single-handedly exposed corruption and shortcomings of government officials and was instrumental in having Chiluba’s immunity lifted, arrested and prosecuted.

Reporting on the suspension and subsequent appointing of the tribunal, the Independent Post wrote:

One of the three suspended judges, High Court Judge Philip Musonda. Photo courtesy of statehouse.gov.zm.

The head of State noted that his office has received numerous complaints about Justices Philip Musonda who is a Supreme court Judge, Charles Kajimanga and Nigel Mutuna who are High court Judges, from the Law association of Zambia, Lawyers within the judiciary and members of the public.
President Sata noted that the terms of reference would be based on the allegations that the trio interfered with a case involving the Post newspapers, Development Bank of Zambia (DBZ and JNC holding limited and Mutembo Nchito.

Fred M’membe is also the editor and proprietor of The Post, the main daily independent newspaper in Zambia that supported the PF in last year’s elections while Nchito  is the Director of Public Prosecutions (DPP).

A fortnight ago, Mutuna delivered a landmark judgement in which he ordered The Post and JCN to pay back K14 billion   which they owe

A citizen news website, Tumfweko, reported the threat by opposition political parties to impeach President Sata:

A consortium of opposition Political Parties in the country says impeaching President Michael Sata remains an option as it is evident that he has seriously breached constitutional and warrants the President to be impeached according to Zambezi fm.

The opposition political parties being led by Alliance for Development and Democracy President Charles Milupi said Mr. Sata has breached the supreme Law of the land on several occasions and the recent one being the suspension of three Judges.

Opposition National Restoration Party president and lawyer, Elias Chipimo Jr, whose speech one citizen newspaper claimed had been distorted by state owned media, said at a press briefing that was reproduced on Facebook:

THE APPOINTMENT BY PRESIDENT MICHAEL SATA OF A JUDICIAL TRIBUNAL TO
LOOK INTO THE ACTIONS OF A JUDGE OF THE SUPREME COURT AND 2 JUDGES OF THE HIGH COURT COUPLED WITH HIS DECISION TO SUSPEND THESE JUDGES PENDING THE OUTCOME OF THE TRIBUNAL HEARINGS, IS BASED UPON A COMPLAINT FROM PERSONS CONSIDERED PUBLICLY TO BE CLOSE ASSOCIATES OF THE PRESIDENT.

Another politician and lawyer, Sakwiba Sikota, a State Counsel equivalent to a Queen’s Counsel in Britain, told an internet-based citizen radio, CrossFire Blogtalkradio, that there was an “incestuous relationship” between the complainants, the appointing authority and the Malawian chairman of the tribunal, Justice Lovemore Chikopa.

Commenting on the judgment published by the Zambian Watchdog, Sauzande wrote:

You voted for Sata. Now Zambians will see in real life what a corrupt government actually looks like and how it works. People used to complain about corruption, but now they will realise that many of those times in the past people used to be just too suspicious even when things were straight. Now, you have in government a party that openly practices corruption. You don’t have to be an expert to see this and whoever is supporting Sata on this case is plainly stupid and corrupt himself. Even Dora Siliya’s case is chicken feed compared to this mammoth corruption where the President is openly supporting his people to steal from a public development Bank that is funded by public tax payers…  Very annoying and disappoiting at the same time. This is the first time when a President has practiced OPEN CORRUPTION in the history of the country. Even Chiluba was not as arrogant as this. It is unacceptable and should not be allowed to continue.

A reader signing himself as It’s a worry, wrote:

This whole case stinks of irregularities and the crafty dealings of people like Nchito within the legal fraternity. It seems the issue is not the judgement but the circumstances in which the case was moved from Judge Albert Wood and also the fact that DBZ had submitted a notice to discontinue the case.

Well the first issue raises serious questions. How did Nchito and M’membe come to know that there were dubious circumstances surrounding the moving of the case from one Judge to another? Surely, this is an internal matter for the Lusaka high court to address and I imagine Judge Wood would have taken steps to report is concerns to the Judge in charge or follow laid procedure…

It also appears that the notice to discontinue the case is one that was hatched in order to frustrate Justice knowing that with the case aware from Justice Wood, the likelihood of an unfavourable outcome was looming. With Sata coming into power, it was easy for a decree to be issued directing, with immediate effect, DBZ to discontinue with the debt recovery case…

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The consolation about the document, which has been given 40 days for public discussion, is that it would not be submitted to government which has in the past rejected recommendations in draft constitutions through Cabinet white papers.

Zambian coat-of-arms. Courtesy of nKani News.

Paul Shalala, reflects on the constitution making processes Zambia has gone through in the past:

Reading through the 227 pages of the Michael Sata-appointed Technical Committee’s first draft constitution, am reminded of the struggles, pickets, war of words and insults that the people of Zambia have gone through over the past years on this seemingly unending constitution making process.

This draft constitution has come at a time when most Zambians seem to be tired with the words “a constitution which will stand the taste of time.”

He notes the inclusion of what have been contentious issues in the past:

It is however, interesting to note that almost all those contentious issues are included in the first draft constitution released by the Technical Committee in April 2012. These are the 50 plus one presidential election threshold or the majoritarian electoral system, the Vice Presidential running mate, proportional representation, the appointment of ministers from outside parliament and others.

The other contentious issue is the Christian nation clause.

He concludes:

In its current form, the first draft constitution is progressive, it appeals to most people’s aspiration despite a few shortcomings. Therefore, stakeholders who will take part in conventions, should ensure that all progressive clauses are maintained so that a constitution we all want can be enacted into law and will “stand a test of time.

But some Zambian netizens could not help but express pessimism with the draft constitution considering that the country has undergone four constitution review processes including the last exercise whose draft constitution was in early 2011 defeated in parliament by the opposition led by the Patriotic Front (PF) now in government and leading the constitution-making process.

Commenting on the Facebook group, Zambian People's Parliament, Nawa Mukwati Sibongo, writes:

My speaker sir, like many I am pleased to see the draft constitution. But I need to remind the house this is only a draft. As members we need to make a strong and solid representation for articles that we approve and voice concern where we feel the constitution has fallen short with well thought and articulated alternatives.

Another netizen, Isaac M. Mwanza notes the absence of women and youth representation in parliament in the draft:

Mr. Speaker, I am concerned that the 1st draft Constitution has not provided for women and youth representation in parliament by numbers. So far the constitution is so vague on women and youth representation and with a complicated PR system, it is possible that we may not have numbers in parliament if the Constitution does not specifically provide for number of seats for women and youth. I beg to move.

Elisha King Musoma, commenting on the Zambian Peoples Pact Facebook group disagrees with the removal of the parental clause that exists in the current constitution barring citizens whose parents were not born in Zambia from ascending to the presidency:

CURRENT PARENTAGE CLAUSE SHOULD STAND
The current parentage clause which forbids Zambians with foreign parents to stand for president in Zambia should not be tempered with as it didn’t come from late president Dr Fredrick Chiluba, but from the majority Zambians at large which included Sata himself, and Dr Kaunda just happened to be a victim. It was a cry of many Zambians for too long that Zambia like any other sovereign state should be ruled by indigenous Zambians and that’s why when MMD came into power, they enacted the law accordingly.
They were not targeting KK as such as his sympathisers are trying to portray, as he was no longer a factor after he left office in the manna he did, very embarrassing indeed. Was it going to make sense for the country to fail to heed the cries of the people because of one person? I believe it was going to be utter stupidity on our part, as it is going to be if we go ahead and amend this clause in order to please a few people like Mr Simon Zuka, Dipak Patel and Dr Guy Scot among others just because they are friends to the Post News Paper and Sata.

On Twitter, most tweeps pick out elements they agree with in the draft constitution:

@luchi7: 50 plus 1 included in the draft constitution #Zambia

@MadridistaLombe: So Finally Zambia will allow Dual-Citizenship if this Draft Constitution is approved. Oh, The endless possibilities.

One politician, writing on the Zambian Watchdog website, was however harsh with his verdict of the draft constitution:

The draft constitution released by the Patriotic Front Technical Committee of Experts on Constitution is a corrupt version of the National Constitution Conference –NCC version which the National Assembly rejected not long ago. When you compare the PF-TCE draft constitution with the one that was rejected by the National Assembly, you will notice that, the earlier version had people at heart. Unlike the current constitution under review which is politically motivated by way of giving the central government more power, the earlier version was flexible and had provisions of democracy in it.

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The report states that almost 5% of Africa's agricultural land has been bought or leased by investors since 2000, and emphasizes the fact that this is not a new issue, yet points out that the number of such land deals has increased tremendously in the past five years.

Many observers are increasingly worried that these land deals usually take place in the world's poorest countries and that they impact its most vulnerable population, the farmers. The benefits seldom go to the general population, partially because of a lack of transparency in the proceedings of the transactions.

An additional report by Global Witness, entitled Dealing with Disclosure, emphasizes the dire need for transparency in the making of land deals.

World's poorest nations targeted 

The Global Witness report lists that 754 land deals have been identified, involving the majority of African countries for about 56.2 million hectares.

Target countries of land deals from the Land Matrix Project

The nations targeted are usually some of the poorest in the world. The countries with the most deals in place are Mozambique (92 deals), Ethiopia (83), Tanzania (58) and Madagascar (39). Some of those deals have made headlines because they were conducted to ensure control over food imports, when the targeted regions faced major food crises.

The NGO GRAIN has already explained in detail the gist of their concerns in an extensive report released in 2008:

Today’s food and financial crises have, in tandem, triggered a new global land grab. On the one hand, “food insecure” governments that rely on imports to feed their people are snatching up vast areas of farmland abroad for their own offshore food production. On the other hand, food corporations and private investors, hungry for profits in the midst of the deepening financial crisis, see investment in foreign farmland as an important new source of revenue. As a result, fertile agricultural land is becoming increasingly privatised and concentrated. If left unchecked, this global land grab could spell the end of small-scale farming, and rural livelihoods, in numerous places around the world.

In Malawi, land deals have grown increasingly prevalent to the detriment of the local farmers. A report from Bangula explains the challenges faced by Malawian farmers, Dorothy Dyton and her family:

Like most smallholder farmers in Malawi, they did not have a title deed for the land Dyton was born on, and in 2009 she and about 2,000 other subsistence farmers from the area were informed by their local chief that the land had been sold and they could no longer cultivate there. […] Since that time, said Dyton, “life has been very hard on us.” With a game reserve on one side of the community and the Shire river and Mozambique border on the other, there is no other available land for them to farm and the family now ekes out a living selling firewood they gather from the nearby forest.

Land construction in Madagascar. Photo by Foko Madagascar, used with the author's authorization

Farmers in Madagascar share similar concerns because they do not own the rights to the land they farm and an effective land reform is yet to be implemented. The Malagasy association Terres Malgaches has been at the forefront of land protection for the local population. They report that [fr]:

 Les familles malgaches ne possèdent pas de document foncier pour sécuriser leurs terres contre les accaparements de toutes sortes. En effet, depuis la colonisation, l’obtention de titres fonciers auprès de l’un des 33 services des domaines d’un pays de 589 000 km2 nécessite 24 étapes, 6 ans en moyenne et jusqu’à 500 dollars US. (..) .  Face aux convoitises et accaparements dont les terres malgaches font l’objet actuellement, seule la possession d’un titre ou d’un certificat foncier, seuls documents juridiques reconnus, permet d’entreprendre des actions en justice en cas de conflit.

The association also reports on the practices of a mining company Sheritt, in Ambatovy, which have created a buzz in the local blogosphere because of environmental concerns for the local population and business malpractices (via MiningWatch Canada):

Sherritt International’s Ambatovy project in eastern Madagascar – costing $5.5 billion to build and scheduled to begin full production this month – will comprise a number of open pit mines (..) it will close in 29 years. There are already many concerns about the mine from the thousands of local people near the facilities. They say that their fields are destroyed ; the water is dirty ; the fish in the river are dead and there have been landslides near their village. During testing of the new plant, there have been at least four separate leaks of sulphur dioxide from the hydro-metallurgical facility which villagers say have killed at least two adults and two babies and sickened at least 50 more people. In January, laid-off construction workers from Ambatovy began a wildcat strike, arguing that the jobs they were promised when construction ended have not materialized. The people in nearby cities like Moramanga say that their daughters are increasingly engaged in prostitution.

Video of a worker's testimony in Ambatovy.

Solutions for the local population? 

The plight of Madagascar's farmers' plight may be slowly changing though. Land reform discussions are in progress, according to this report:

 According to a paper presented at the 2011 International Conference on Global Land Grabbing, about 50 agribusiness projects were announced between 2005 and 2010, about 30 of which are still active, covering a total land area of about 150,000 ha. Projects include plantations to produce sugar cane, cassava and jatropha-based biofuel.
To prevent the negative impacts of land grabbing, (The NGO) EFA has set up social models for investors, with funding from the UN Development Programme (UNDP). The goal is to help investors negotiate with the people in the area where they want to implement projects, as a way to prevent future problems.

Joachim Von Braun, formerly  of the International Food Policy Insitute (IFPRI), wrote the following regarding land deals:

 It is in the long-run interest of investors, host governments, and the local people involved to ensure that these arrangements are properly negotiated, practices are sustainable, and benefits are shared. Because of the transnational nature of such arrangements, no single institutional mechanism will ensure this outcome. Rather, a combination of international law, government policies, and the involvement of civil society, the media, and local communities is needed to minimize the threats and realize the benefits.

The need for transparency in land deals is further emphasized by  Megan MacInnes, Senior Land Campaigner at Global Witness:

Far too many people are being kept in the dark about massive land deals that could destroy their homes and livelihoods. That this needs to change is well understood, but how to change it is not. For the first time, this report (Dealing with Disclosure)  sets out in detail what tools governments, companies and citizens can harness to remove the shroud of secrecy that surrounds land acquisition. It takes lessons from efforts to improve transparency in other sectors and looks at what is likely to work for land. Companies should have to prove they are doing no harm, rather than communities with little information or power having to prove that a land deal is negatively affecting them.

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These spirits are mostly sold by street vendors in informal outlets known as “tuntemba” but are consumed by both the poor and well-to-do. The satchets can easily be concealed in in palms and sipped surreptitiously.

Tujilijili on sale on a kantemba. Picture courtesy of nKani.com.

Blogger Henry Nasilele wrote at the time:

In our towns and cities the availability of alcohol for sale is common. Anyone can walk into many bottle stores and bars to buy beer or spirits without questions asked.

The latest problem has been the availability of spirits that are sold in 60ml plastic satchets commonly known as to “Tujili jili”. These are even sold on the streets and the youths are the major consumers of this type of alcohol.

This 60ml empty satchet of brandy, found thrown after consumption, is a common sight on roadsides and footpaths.

Through their packaging, “Tujilijili” have not only been an environmental hazard through littering with the empty packets but also a cause of deaths of consumers through alcoholic poisoning or through accidents caused by drunkenness.

Writing on his Facebook page after the ban, Nasilele said:

Nearly two years after I wrote on the notorious “Tujilijili” our Lord has answered our prayers for the killer drink to be banned by the Govt.
One wonders who was benefiting from this vice ?

Reacting to Nasilele's remark, Lizzie Mubangalala Mumba said:

It was long long overdue!

Winstern Banda agreed:

Indeed the govt should ban this so called tujilijili coz its very cheap n strong.

Reacting to the story on Lusaka Times, Sharon wrote:

Folish thinking, you don’t ban, you regulate and phase out slowly, what happens to all jobs, what happens to all stocks still available? What happens to the machines? Poor planning, if you gave pipo a license, you also need to give them time to re direct their businesses,meanwhile u increase on taxes to ten fold, so that the product become expensive immediately, that’s how we ran a country..

Another contributor, Veteran, brought an unequality element to it:

Absurd!, Zambia can make millions exporting Tujilijili to the world! What is needed is just improved packaging and certification. The same woman baning Tujilijili will be drinking imported spirits and alcohol ! Unbeleivable!

On Twitter, a tweep thought that this was the second time government was banning the sale of tujilijili:

@luchi7: GRZ bans tujilijili…..is it just me or isn't this the 2nd time #Zambia

Another tweep added some humour to the banning of the cheap but popular alcoholic beverage:‏

@Sali_Fyanji: lmao there there, its gonna be okay RT @mwimbu: Tujilijili banned! Im inconsolabe, cant stop crying #zambia

Currently, there are two anti-tujilijili groups on Facebook: STOP TUJILIJILI DRINKING CAMPAIGN FOR THE GOOD OF TOMORROW LEADERS and youths against tujilijili.

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The predominantly Lozi people of the province, bordering Angola, Namibia and Botswana, met on the 26 March, 2012 under the auspices of the Barotse National Council (BNC) and resolved, among other  things, that:

Barotseland coat-of-arms. Courtesy of the Barotseland web portal.

We the people of Barotseland declare that Barotseland is now free to pursue its own self-determination and destiny

We are committed to a peaceful disengagement with the Zambian government in the same manner that we attempted integration as a state within Zambia.

We call on the international community to support our legitimate right to self determination as a people and nation by resolving as follows:

1. That all the people in Barotseland shall continue to enjoy the centuries old harmonious peaceful co-existence by all the ethnic groups as had always been the case.

2. That the people of Barotseland shall not, in any way, take kindly to any individual, authority or groups of individuals bringing the institution of the Litungaship into public ridicule and disrepute by making derogatory remarks with intent to undermine the authority of the Litunga and Barotse Government.

3. The Zambian government to immediately refrain from committing actions of violence and intimidation against the people of Barotseland.

4. That no part of Barotseland shall be ceded to any other country.

The Barotseland Agreement 1964 issue has been brewing for sometime now but it came to prominence once again in the run up to the 2011 elections when the then opposition Patriotic Front (PF) leader, Michael Sata, promised that once elected, he would restore the agreement. In partial fulfilment of his election promise, he set up a Barotseland Commission of Inquiry to look into the grievances of the people of Western Province but rejected the recommendations saying they would open a pandora’s box.

A number of Zambian netizens have weighed in on the issue as it has been unfolding. One such netizen is former Zambia’s ambassador to Libya and blogger, Mbita Chitala who gave three options of how to resolve the Barotse question and recommended the following:

To re-negotiate the Barotse Agreement so as to ensure more regional autonomy of all the regions of Zambia anchored on liberal democratic values and federalism. This will require that the PF government provides for Zambia a new constitution that entrenches federated structures in our governance. The Technical Committee appointed by President Sata can be requested to negotiate with the Litunga and the BRE and other Royal Establishments together with all civil society on the historical necessity of devolution and recommend in the new draft constitution the federated way in which Zambia would be governed. It is a notorious fact that no country has ever developed under the so called unitary state structures. In fact, this is a colonial legacy that suited despots. All serious countries only developed when they federated. This is true for the UK, Germany, Japan, India, RSA, Brazil. USA, France, Russia, India even small countries like South Korea, Switzerland and so on.

How Zambia would look like without Western Province. Image courtesy of Matongo Kanenga Musiba Maumbi's Facebook page.

On the Zambia Peoples Pact group page on Facebook, Derrick M Muwina questioned the sincerity of President Michael Sata for not fulfilling his election promises:

No matter which side you are on the Barotseland issues, is it not true that President Sata promised to “honor/restore” the agreement whatever he meant? Is he now paying the price for making promises he could not fulfill to get votes only to renege after the election? Should we not be holding the President to accountability on this one?

The Barotse issue, whose BNC resolutions was being debated in the national assembley brought despondency among netizens. Rueben Lupupa Lifuka, a well known governance activist, after watching the proceedings, presumably on TV, wrote:

Watching the MPs debate the resolutions of the Barotse National Council in Parliament, confirms my worst fears- the calibre of some of our representatives leaves much to be desired. in part, it explains the reason why this country is lagging behind in its development

There were a number of reactions to Vice President Guy Scot’s ministerial statement in parliament on the issue in which he said that the resolutions by the BNC to breakaway from the rest of Zambia would have to be considered by all Zambians through a process that involves elaborate and credible consultation because the resolutions of the BNC have severe consequences and ramifications if not correctly managed.

Commenting on Zambian Watchdog website, Kafue Province Advocate wrote:

Well said Mr. VP. These Lozis are fraudsters, how do they claim that all the seven districts have indorsed there nonsense when Nkoya Chiefs did not attend the silly and tribal meeting.

The fraud they have committed in now is the same as the fraud that was committed during the BA64 signing by making bogus claims.

The VP and indeed the President are alive to the fact that Nkoyas will NEVER indorse any rubbish coming from the Litunga and the BRE.

In fact the VP even attended Kazanga Ceremony of the Nkoya people in Kaoma last year so he is personally aware of the official position of the Nkoyas and others on this BA64 matter.

These are just acts of desperation from the BRE since most of them are now unemployed since PF took over government.

Another reader calling himself Dagga, in support of secession, wrote:

Guy [Scott]. A salute you for helping keep peace in western because fat fat [Defence Minister Geoffrey Bwalya Mwamba] and [Home Affairs Minister] sakeni I would have acted emotionally to attack the lozi.

However, I disagree with you when you condense lozi people for choosing to secede as irresponsible and unacceptable and yet you do not condemn the Zambian government for abrogating the agreement as irresponsible and unacceptable.

Lozi people chose to live with northern Rhodesians through trust and love, and today the must pay the price of condemnation for doing such a humble thing.

For forty seven years, they have tried to ask you to honour the agreement so that we Ramon the same, but pride has failed all reasoning.

Now,vyou still want to tell us that we are wrong, why?

This is wrong.

Come back to the table and negotiate. Otherwise we are going to our sand

Surelyz, you guys can’t be so stubborn and proud. We shall surely perish together.

The Barotseland Agreement 1964 was signed on 18 May, 1964 by Litunga Mwanawina III, King of Barotseland and Kenneth Kaunda Prime Minister of Northern Rhodesia to establish Barotseland's position within Zambia in place of the earlier agreement between Barotseland and the British Government.

Barotseland activists have created an official web portal to make it easy for the public to get Barotseland Government information and services online.

On 29 March, 2012 Barotseland Prime Minister Clement Wainyae Sinyinda was arrested by the Zambian security forces.

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President Sata, known for his brashness and disregard for protocol, was reported by the citizen online news site, the Zambian Watchdog, to have had a question and answer session with Zambians residing in Botswana where he allegedly told them that former President Rupiah Banda whom he defeated in the 2011 elections wanted to include dual citizenship in the failed constitution because he was from Gwanda in Zimbabwe.

President Sata, before and after he took office. Photo source: Zambian People

Part of the question and session went like this:

Questions- whats the status of the Dual citizenship?

Sata: Which town are you from? Monze [a town in Zambia]? Do you want to belong to Monze and Namwala [a town in Zambia]? Because RB [Rupiah Banda] was from Gwanda in Zimbabwe that’s why he wanted Dual citizenship

Question: it is difficult for us living in Diaspora to get land back home, what is the Govt doing about it?

Sata: What are you doing in Botswana?

Answer: I am a teacher!

Sata: Go back to Zambia and teach your relatives then you will get Land

Question: Mr President, you never consulted on the Ithezhi tezhi and Chirundu districts [the two districts are being moved from Southern Province to Central and Lusaka Provinces respectively]

Sata: Whom did you consult to come to Botswana?

Concluding remarks- President Sata

All of you who are here with fake questions am very disappointed with you and embarrassed, are you not even ashamed of yourselves? You ran away from Zambia and thought we couldn’t find you and now today we have caught you. You are refugees in Botswana being exploited by the Botswana Govt. You left Zambia to come and work here for an extra K1?

On teachers and doctors working in Botswana where many flocked to from the late 1980 to the early 2000s, President Sata said:

You are busy educating Tswanas leaving your own relatives in Zambia uneducated and you are proud? All of you were educated by your parents who never even finished standard 7 and struggled to educate you and you run away from them?

Doctors

Your relatives are dying in Zambia you are busy saving tswana lives?

Accountants

Botswana has only 5 shops and you call your self an accountant when Diamond mines want a consultant they will call a South African and not a Zambian, what are you still doing here?

President Sata’s responses and earlier statement at another function during his Botswana visit, contrasted that of his foreign minister Given Lubinda who had told the Botswana-based Zambians that the PF government policy was that Zambians in the Diaspora did not have to relocate back to Zambia.

Reacting to Sata's comments, John, a Zambian Watchdog reader, said:

The President’s speech was very personal, emotional and uneducated. It is a pity for Africa because power is increasingly being handed to the biggest noise makers through the ballot; rather than leaders with clear policies on how to govern and develop their countries. What is H.E’s level of education?

It is no longer plausible that educated people (or even uneducated ones) should live in their countries of birth. That is so 1970s when Africa continously moaned about “brain drain”. Is the Zambian president aware of something called “diaspora remittances” or “brain gain”? Is he aware that remittances from the Diaspora are currently being harnessed to build roads, airports, and technological cities in Nigeria, Kenya and recently the Republic of Southern Sudan?

Nkoya Nationalist, one of the few, agreed with President Sata:

The President elect is right, Zambia has a small population of which out of that only a small percentage are professionals in various fields and disciplines. Of those professionals, almost 3/4 are out of the country working for other nations.

Who then is going to develop the country if our professionals are all abroad working for other nations?

Why should anyone complain about substandard ministers and government officials when you professionals are not available to be considered for those same roles and positions?

Do you know that Zambia would probably be one of the best countries in the world if only our professionals would be more patriotic by coming back home to contribute towards the development of the country?

An anguished Peace Maker wrote:

Those doubting this story should think twice. You mean you dont know our President? Our President needs 24/7 monitoring because he will keep on embarrasing us. HE needs serious guidance in everything. His energy should be guided to something productive and as much as possible try not to expose him to such situations and if so do it off camera for goodness sake. So far, I think prevention is better than cure! We are already in a mess and nothing to defend but to help him! Ultimately it is not only him to experience the shame but every Zambian regardless of the Party one belongs to.

We have a task at hand!! This remains a thorn in my fresh, borrowing St Paul’s experience. There is little we can do but nurse this issue up to 2016 when, with due respect, we must plan for a smooth exit strategy for him. We cant continue like this thereafter.Its agony and terrible nightmare!

On the Facebook group, 90 days (Government thumbs up/down every 90 days, Maria Kapambwe Kasolo, gave the reason why Zambians left the country en masse:

You know why professionals left for Botswana - better salary! I know of a number of them who have done well for themselves n families. Had they stayed in zed they would not have achieved anything. GRZ should improve condtions of service n pipo will not go searching for greener pastures. Some of u r saying mCS was right in answering the way he did - I am saying the president needs to use diplomacy regardless - he should ask why they left n not castigate them - aint right at all!

Responding to Maria Kapambwe Kasolo’s post, Arnold Chinyemba wrote:

He is thinking every Zambian is a ngwangwazi (tout). Hence to him allowing street vendors is empowering Zambians. GOD HELP THIS COUNTRY.

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Registrar of Societies, Clement Andeleki, a known PF cadre who once appeared in court for allegedly forging a letter in the name of the late President Levy Mwanawasa, first threatened to deregister the former ruling party a week earlier but changed his mind. Immediately after the deregistration was announced, the MMD filed an injunction to stop the deregistration of the party which has just over 50 members of parliament, nearly a third of the 158 member legislative assembly.

Ironically, President Michael Sata served as MMD national secretary, the party's chief executive officer, between 1995 and 2001 when he left the then ruling party to form PF.

MMD logo. Image courtesy of Lusaka Times.

Netizens on various social media networks did not take kindly to the news of MMD's deregistration whose party leader and former republican president Rupiah Banda, coincidentally, stepped down on the day the action was taken.

On the Zambian People’s Parliament Facebook group page, one of the questions that was asked was the issue of by-elections that would inevitably follow after the deregistration of the opposition party.

Jude Moraes wrote:

Mr Speaker Sir, Now that the Registra of societies has de-registered the MMD what happens to all the MP's on the MMD ticket? Are we going for a 55 Bye elections?

An MMD member of parliament on Facebook, Moses Muteteka wrote:

Let me assure zambians that the deregistration of MMD is a failed coup and legally its a non startter hence relax and all is safe MMD will continue participating democratically.

On the 90 days (Government thumbs up/down every 90 days) Facebook group Kelvin Kings Mulembe lamented the deterioration of democracy, saying:

It's a “Sad Day” for Zambia and democracy in Africa! whether politically motivated or not, such a move stinks and does not register well in our country's history. I am afraid, Zambia is quickly losing its position as an example of a promising democracy in Africa. This is very disappointing. One foolish man is to blame for all this. And, I can't blame a simple Registrar.

Nicholas Mutalama, however, blamed the MMD for its predicament:

Where has this society been in the last 20yrs? Let's call a spade a spade… MMD used is political influence and ignored the fees and the registrar obviously did not want to bite the finger that fed him…okay! Now that the tables have switched round, the same registrars office is doing this to serve it's current master except only this, Pf has influenced this initiative to be the only Political Party standing! This is a sad day for Zambia and we are going to need more than a miracle to survive….!?!

On the Lusaka Times, some of the reactions were as follows:

Mphangwe wrote:

THIS REFLECTS AN OFFICIAL RETURN TO A ONE-PARTY-STATE. If this development is badly handled or mismanaged, the ensuing political events may lead to the dissolution of Parliamen,t in which case Sata will have to seek a fresh mandate to retain his Republican Presidency in Zambia. The best Legal Constitutional brains are needed to resolve this self-inflicted suicide by the PF govt. The workers murmurs will precipitate loud protests. Hence the doctrine of “DONCHI KUBEBA [Don't tell them, a PF pre-election slogan]” may also be applied by other parties to inflict negative results for the PF. GOD HEAR OUR PRAYERS.

Another contributor, GUNDIX wrote:

Why are you people complaining? What are laws for? MMD made fun of laws they were supposed to have safeguarded.

When I was a pastor in a small rural Zambia, my congregation prepared and remitted annual returns to the Registrar’s Office. Why should a huge body of people, let alone a ruling political party not be exemplary by adhering to the laws of the country?

They had it coming. The rule of law must be promoted by all Zambians whose interest is national development, which the rule of law guarantees. If this is unacceptable to some, why do we even bother to talk about a new Constitution? So that after it is written we can ignore it?

Come people, let us get serious!

On Facebook Brian Matambo wrote:

MMD blues… well, I dont believe it will be a one party state. First we are not fools just because we are Zambians. Secondly, there is NAREP, UNIP, UPND, Heritage, and Magande's party whatever its called.. and many others out there. To me MMD is expendable. If they can't even lawfully exist, they don't deserve to exist anyway.

On Twitter, Zambians also expressed various views:

@ErasmusMweene: Our economy has just been downgraded to B-minus. Do we have the money to hold 53 by-elections? #PF #MMD #Zambia.

On concerns that the PF government wanted to create a one-party state, one tweep wrote:

@livilodge: @missbwalya #Zambia I have lived here for more than 30 years, almost all of that time it has been a defacto one party state #whatdemocracy?

This was after one tweep mourned the potential demise of democracy in the country:

@missbwalya: Our democracy is on shaky ground if MMD de-registration is upheld after appeals. #Zambia

The MMD won Zambia's first multi-party elections for parliament and the presidency since the 1960s. The party controlled an absolute majority in parliament between 1991 and 2001.

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Reported the Lusaka Times:

United Nations Secretary General Ban Ki-Moon says people with different cultural backgrounds need dignity and respect. Mr. Ban notes homosexuals, lesbians and gays are people whose rights need to be dignified and respected by mankind.

The UN Secretary-General Ban Ki-moon speaking in Lusaka, Zambia. Photo courtesy of zambianwatchdog.com.

In his address to the Zambian National Assembly, Mr Ban said:

Now you have embarked on a transformation agenda – a process for a new people-driven Constitution that will be a foundation for Zambia’s progress, a Constitution that will stand the test of time.This offers Zambia an opportunity to lead once more by enshrining the highest standards of human rights and protections for all people – regardless of race, religion, gender, sexual orientation or disability.

His statement brought back into focus the issue of homosexuality  for which the then ruling MMD nearly destroyed the then opposition leader, now republican President Michael Sata, during the campaigns leading to last September’s elections which saw him beat former President Rupiah Banda.

Zambia netizens on most social networking sites have reacted differently to Ban’s statement, with most of them invoking the “Christian Nation” tag, which is enshrined in the country’s constitution.

Reacting to the Lusaka Times story (quoted above), Mambala wrote:

hehehe!!!!! Mr Ban, we expected to hear that from you. Infact that was yo main agenda… to advance the cause of the homosexual and lesbians. Listen Zambia is a sovereign state, we dont have to be told how to live. We knw those homos and lesbians have always been part of our society. They do their acts in secrecy and we are ok with that. If they dare come out in the open to advance their evils, we will deal with them ruthlessly!!!!

A map showing penalties targeting gays and lesbians in Africa. Image source: ilga.org

Citizen wrote:

Please Mr Secretary General, we as Zambians have accepted that we are a Christian Nation, it is in our constitution and so becomes our Right. Being such means respect for all persons as they are God’s imagery creation – including criminals, homosexuals,lesbians, liars, prostitutes and the like, while at the same time condemning their sinful activities, so that they turn away. Mr SG, we know you want us to follow other nations by not criminalising homosexuality. That we shall refuse. We shall never de-criminalise such acts. Let those nations copy from us because it is the most sensible thing to do

One of the few contrary voices, Observer, wrote:

Mr Ban is talking about BASIC rights. He is not talking about gay marrriage or that kind of thing. Have some of you read the story before commenting? Basic rights is like the right to clean water or education. He is saying these people should be allowed to live life free from physical danger and enjoy same basic rights without discrimination. I do not see anything wrong with that. These are people too. Our churches and families should work hard to ensure young people stay away from homosexuality and other negative stuff. Government can not be tasked with supervising lives of individuals. It is nice to have our country visited by Mr Ban.

On Zambian Facebook group, 90 days (Government thumbs up/down every 90 days), Sidique Abdullah Gondwe Geloo made a distinction between a sin and a crime:

HOMOSEXUALITY IS A SIN, NOT A CRIME. FORNICATION IS A SIN NOT A CRIME. Should an unmarried man go to jail for having sex with another unmarried women? No. They sinned but its not a crime, they made the decision. Should gay people go to jail for dating…It is a filthy filthy SIN but not a crime…They have rights not be stoned, killed or harrassed, but they shouldnt have rights to get married, display their feelings publicly because we are a very PROUDLY HOMOPHOBIC COUNTRY…So when someone says gay people have rights, that shouldnt scare you as long as they keep their gayism at home

On Twitter, one tweep addressed Ban Ki-moon saying:

@chikwe1: Ban Ki Moona If denouncing #Homosexuality makes me a #Savage then I'd rather #Live and #Die a savage than otherwise. Stay away from #Zambia

While debate over homosexuality rages in Africa, Liberia and Uganda introduced anti-gay bills recently making homosexuality liable to a death sentence. Homosexuality is outlawed in 38 African countries and it can be punishable by death in Mauritania, Sudan, and northern Nigeria.

Written by Gershom Ndhlovu · comments (5)
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Most poignant was a satirical article on the Malawi's Nyasa Times website titled “Death Announcement An Elephant of I. Coast Killed By Copper Bullets.” The Zambia National Soccer Team is fondly known as Chipolopolo or bullet while the Ivory Coast team is known by the elephant moniker.

Matamando Manda wrote:

Image created to celebrate Zambia's victory. Image source: Zambian People's Parliament Facebook page.

A giant African Elephant was found dead in the village of Equatorial Guinea in the early hours of Monday, 13 Februray, 2012. Pathologist Pele who arrived at the scene of death immediately, suggest the elephant died of excessive bleeding from bruises and eight bullet wounds it sustained. In response, the Elephant shows to have managed seven kicks as per markings that were visible around the death spot.”

Commenting on the article, Blessings wrote:

This is great creative writing, well done! Point of correction though, the Elephant was found dead in Gabon and not Equatorial Guinea where Zambia played their group matches. The final was played in Libreville, Gabon. AMalawi, Zambia deserve our respect, they taught us football those years when AKinnah sikuluza kodabwitsa kuli Zambia (when Kinnah’s team used to lose terribly to Zambia) 6-1, 14-0, 5-0, 4-0, 7-0 until CAF (Confederation of African Football) had mercey on us, saved us from being in the same qualifying group all the time.

In another story coming from Namibia reproduced by Zambian Watchdog:

It was all-night jubilation, ululation and the unleashing of celebratory gunfire as ecstatic Katima Mulilo residents formed a convoy at the town and joined their neighbours across the Zambezi River to celebrate Zambia’s thrashing of Ivory Coast to lift the AFCON Cup.

Katima Mulilo residents and Zambian residents at Katima Mulilo jointly celebrated Zambia’s historic victory over its much-fancied rivals to clinch the Africa Cup of Nations 2012 edition.

One Namibian football administrator, according to the story, attributed the win to the Southern African Development Community (SADC):

Local soccer fan and soccer official, Ben Lumponjani, said, “I’m feeling very happy right now, like it’s Namibia which won, because these guys have made SADC proud. Other SADC countries in the competition like Botswana and Angola, exited the tournament, but Zambia stood firm.”

But Zambians themselves have continued celebrating the victory which also brought three of Zambia’s present and past presidents, the incumbent Michael Sata and two surviving past presidents Rupiah Banda who was defeated as sitting president in the 2011 elections and Zambia’s first president Kenneth Kaunda.

Rupiah Banda is reported to have danced to the now ruling PF’s campaign anthem, “Donchi Kubeba” during the celebrations at State House when the team arrived from their conquering mission.

Former Republican president, Rupiah Banda, could not resist the ‘magic charm’ of the ‘Donchi Kubeba’ fever when he joined in to dance to Dandy Crazy’s hit song at First Lady, Christine Kaseba’s luncheon held in honour of the triumphant Zambia national soccer team.

Mr Banda, who also raised his index finger to his lips in the ‘Donchi Kubeba’ style while on the dance floor, stood up to join President Michael Sata and First president, Kenneth Kaunda, among other guests who had already taken to the floor.

While the mood in the country was celebratory, others could not help but point out the shortcomings particularly with how the Chipolopolo team was received. Observed Chilufya Tayali on the 703 member Zambian Voice group on Facebook:

Wish to express my disappointment in the way the National Team was welcomed at the airport.
First of the crowd was well anticipated to the point that security wings would have done their best to control the people. People were just all over especially when the players landed. The players themselves could have been coached on how to respond to the welcoming crowd by atleast waving to the crowd as the each came out. Their dressing was also not befitting for the ocassion. I think a sports antire would have been better than an English business suite. A sports antire would have blended well with the crowd.
Then talk about ZNBC, mayooo (mother with emphasis as an expression of disappointment)…. it was bad for like of a better word. The camera people would have known exactly where the plane was going to stop and they would have positioned themselves well to take good images of each player. Owing to that long time of wait, one would expect professionals to do a far better job than what we saw. The samething happened during the swearing in ceremony of HMCS
I think we need to do some homework before we just fall in the motion of things on national events so that we can excute them well and inform the people properly.

On Twitter, tweets like the one below were not uncommon:

@fytzm: it is all sinking in now, #chipolopolo have really made us proud. memories are made of this, forever and a day… #afcon2012 #zambia

One tweep, probably comparing the star-studded Ivory Coast team in which most of the players ply their trade in the English Premier League with the Zambian whose professionals are not very well known on the world stage, wrote:

@Bradleychingobe: The #AFCON2012 player of the tournament, Chris Katongo, plys his trade in China. How bizzarre #chipolopolo #zambia

Written by Gershom Ndhlovu · comments (0)
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