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ZAMBIA NEWS ONLINE/ZAMBIA NEWS ONLINE/ZAMBIA NEWS ONLINE
Edition: #22 7 July 1997
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In this edition:
Feature:
ZAMBIA'S JUDICIARY AT CROSSROADS
Stories:
1.A. KAUNDA LAUNCHES CIVIL DISOBEDIENCE WITH BURNING OF VOTERS CARDS
1 B. INTER-PARTY TALKS HEADED FOR FAILURE
2. FUEL PRICES REDUCED
3. SALE OF MINES A REALITY
4. NATIONAL BUDGET RUNS INTO DEFICIT
5. DNA TEST CALLED FOR ON CHILUBA
6. UNIVERSITY ADMINISTRATORS SUSPENDED
7. SALE OF GOVERNMENT HOUSES SUSPENDED
8. MEDICAL COUNCIL IN TIFF WITH PROFESSOR CLAIMING CURE FOR AIDS
9. ZAMBIA GETS NEW NATIONAL SOCCER EXECUTIVE COMMITTEE
10. ZAMBIA LOSES ANOTHER BID FOR A MAJOR BOXING TITLE
Feature:
ZAMBIA'S JUDICIARY AT CROSSROADS
The high esteem in which the judicial system has been held in the past three
decades is diminishing. News on the judiciary and on judges has in recent
months increased and often it is on negative issues. Judges who have in the
past stood above and independent of local disputes are now increasingly at
the centre of conflicts. Unity within the judiciary is also on the wane as
accusations and counter accusations are made by some judges.
Politicians are also fueling the fire by accusing some of the judges of
political bias in their rulings.
Until last year, the judicially retained a great measure of respect and the
general public had confidence in getting a fair hearing. But now, some
opposition parties contend that some judges have taken political
inclinations towards the ruling MMD. The opposition believes that it cannot
possibly get a fair hearing before such judges especially in politically
related cases. Differences within the judiciary have also gone public with
pandora's box opening late last year when the Chief Justice, Mathew
Ngulube, was accused of raping a cleaner at his offices. The allegation has
never been substantiated.
At the time the allegation was made, Justice Ngulube, came under great
pressure to resign or be fired. He was also accused of being a sympathiser
of the former ruling political party UNIP and its president Kenneth Kaunda.Some
members of the ruling MMD also accused other supreme court judges of also
having inclinations for opposition party members. Ngulube, who was appointed
chief justice soon after the MMD came to power in November 1991, brushed aside
all accusations levelled against him.
However, pressure on Ngulube has resurfaced. This time it has comes from a
suspended high court judge who contends that there is a conspiracy among
some senior judges to force him out of his appointment. Early this month,
Judge Kabazo Chanda issued a 31-day ultimatum to President Chiluba to
suspend or dismiss Ngulube to facilitate investigations on allegations made
against the Chief Justice.
Some opposition parties charged that the renewed attacks on Ngulube were
being orchestrated by the MMD in an effort to discredit him and find a
justification for removing him. The Zambia Democratic Congress president,
Dean Mung'omba, reportedly said that Chanda's approach of 'attacking' Ngulube
was unprofessional, especially as there has already been a tribunal
appointed to probe allegations made against him (Chanda). Mung'omba says
that Chanda can take advantage of the tribunal to bring out any evidence to
back his charges.
Registrar of the High Court, Timothy Kabalata, dismissed Chanda's
allegations, saying that the decision to suspend him was constitutional and
one which was done in the interests of the nation. He said the judiciary had
nothing to do with Chanda's suspension, noting that the decision was made by
the president, who is the appointing authority.
President Chiluba appointed the tribunal to probe Chanda over his decision
to release 53 remandees in January. He said then that he had no option but
to set them free because the prosecution was taking to long in bringing
their cases up. Recent robberies in Lusaka have been blamed on some of the
men released by Chanda. Chanda contends that he is innocent and that
some judges want to cause his downfall because of his contributions to
restoring democracy in Zambia. In the run up to the 1991 elections that saw
the return of multi-party politics, Chanda came into the limelight with
daring judgements that built him up as a fearless judge in the then autocratic
state.
Chanda has now withdrawn his ultimatum to President Chiluba and has
offered his apologies. He said he had done so after consultation with his
lawyers. But observers note that the damage has already been done and it is
evident that there is no harmony among Zambia's senior members of the
judiciary.
The intra-judicial conflicts are being fueled by some opposition political
parties which contend that some judges are biased. Already some opposition
party leaders are saying that their Supreme Court petition against President
Chiluba's legibility for the presidency cannot be won, allegedly because the
judges have been bribed. The opposition parties, including UNIP, the ZDC and
the Agenda for Zambia, argue that the recent awarding of increased salaries
to Supreme court judges was evidence of bribery for a favourable ruling.
However, the Judicial Service Commission states that Chiluba was justified in
awarding the increments of up to 191 per cent. Commission secretary,
Timothy Katanekwa, said the salary increments were not worked out by the
president but were as a result of negotiations between the Commission and
the government though it cabinet.
The Law Association of Zambia (LAZ), has also said the salary increments
were justified as they would help instil confidence and avoid corruption in
the judiciary. LAZ president, George Kunda, said judges must be properly paid
to ensure the independence of the judiciary. He also condemned politicians
for trying to use the issue of judges emoluments for their selfish
political ends.
The government recently exonerated judges from accusations of being biased
and delivering unfair judgements. Legal Affairs minister, Vincent Malambo,
said it was not true that judges dealt with cases on the basis of which
political party an individual represented. Malambo cited a landmark judgment
on the Public Order Act which was delivered in favour of the opposition as
proof that judges were fair. Another case being pointed out as evidence of
unbiased judgement is that in which several UNIP leaders were recently
acquitted of treason charges.
Such assurances, however, do not give much confidence to the ordinary person.
Judges are now being looked at with suspicion, and in some cases, even with
contempt.
Stories:
1.A. KAUNDA LAUNCHES CIVIL DISOBEDIENCE WITH BURNING OF VOTERS CARDS
A loose alliance of opposition parties has begun a civil disobedience
campaign with the burning of voters cards, to protest government's alleged
misrule and to press for fresh elections. Former president, Kenneth Kaunda,
led the exercise of burning the cards at a political rally held in Lusaka and
alleged the government to arrest him.
The National Patriotic Coalition contends that it can no longer be part of
Zambia's political process, and to underscore this, it would urge all its
members to publicly burn their voters cards.
The campaign has been received with wide condemnation, especially from
party leaders of the ruling MMD. President Chiluba, in reaction to the
burning of the cards, says that such an exercise was primitive and cannot
possibly be effective in current politics. He also warns that burning of
the cards was illegal and the law may have to take its course. But MMD
Lusaka Province chairman Christopher Chawinga says that arresting Kaunda
would be playing to his tune and called for a mature resolution of political
conflicts through dialogue.
In the run-up to last year's presidential and parliamentary elections,
Kaunda led UNIP in a similar exercise of collecting votors cards in an
effort to derail the polls. The exercise continued even after the November
elections but failed to dent the outcome of the elections, which UNIP
boycotted.
1 B. INTER-PARTY TALKS HEADED FOR FAILURE
Fresh preparations for interparty talks to resolve various political
conflicts seem headed for failure, as the ruling MMD and the opposition
parties seem torn on what the agenda should be. Some MMD leaders note
that it is illogical to include such items as repealing the constitution and
calling for fresh elections.
Although both sides say they are ready for the talks to help ease political
tension there is little progress on the ground towards effecting them.
A church leader recently noted that the opposition could not speak from a
position of strength because it did not have a following large enough to
worry the MMD. The MMD has an overwhelming majority in parliament, which is
the only legitimate body able to change some of the laws as demanded by the
opposition. The talks were initiated by the International Institute for
Democracy and Electoral Assistance (IDEA), with ground-setting talks being
held in Stockholm, Sweden on June 10. The next round of talks were due for
July 1 but the parties are still bickering on what the agenda should be.
2. FUEL PRICES REDUCED
In a rare development in Zambia's strained economy, prices of petroleum
products, including petrol, have been reduced by about three per cent. This
follows a reduction of value added tax from 20 per cent to 17.5 per cent.
But the general public is disappointed that there is no immediate
corresponding chain reaction of price levels on other goods and services as
is often the case when prices go up. In May, the price of fuel was
increased by 23 per cent, resulting in an increase of public transport fares
by 25 per cent.
3. SALE OF MINES A REALITY
The privatisation of mines under the wings of the giant conglomerate, the
Zambia Consolidated Copper Mines, is finally being effected, with two mines
sold so far. The latest sale has been that of Luanshya Division to the
Banai Group. The first mine to be sold was Kansanshi, two months ago.
The sale of the mines, which have been Zambia's major foreign currency
earner, had been expected to be complete by June 30, but has been delayed
following concern by miners that they would lose their jobs. This prompted
government to renegotiate terms of sale with some of the bidders.
President Chiluba has cautioned that in some cases, layoffs are inevitable
because of over-staffing.
4. NATIONAL BUDGET RUNS INTO DEFICIT
This year's national budget has reportedly suffered a deficit of K12.5
billion (about US$10 million) because of a decline in revenue from tax and
an increase in government expenditure. A Zambia Association of Chambers of
Commerce and Industry (ZAACI) economic report states that the projected
inflation target of 15 per cent is unlikely to be reached.
Economic observers contend that the recent introduction of new motor vehicle
licences, at a fee of K100,000 (about US$83 dollars), was government's way of
raising some revenue to help bridge the deficit. But Bank of Zambia
director of economics, Felix Kani, says that the 15 per cent inflation target
was still manageable, and this is despite an increase in electricity and
water tariffs.
5. DNA TEST CALLED FOR ON CHILUBA
Lawyers representing opposition parties in a petition against President
Chiluba's legibility for presidency, has called for a DNA test to be carried
out on Mr Chiluba and the man who claims to be his father. Lawyer Daniel
Lisulo says that Mr Chabala Kafupi's claims of being the father of President
Chiluba can only be ascertained if both were subjected to a DNA test.
But Chiluba's lawyers are objecting to the test saying that there was no
provision in the Zambian laws for such a course of action to settle a court
dispute. The opposition parties contend that Kafupi is President Chiluba's
father and because he (Kafupi) was born outside Zambia, Mr Chiluba does not
qualify to be president.
6. UNIVERSITY ADMINISTRATORS SUSPENDED
The vice-chancellor of the University of Zambia and his deputy have
been sent on forced leave while five other senior managers have been
suspended following reportedly serious financial irregularities noted by
auditors.
Vice-chancellor Andrew Siwela and his deputy Jorry Mwenechanya were sent on
leave by the University Council, a governing body of the institution, following
intense pressure from workers. Council chairman Dr Mashekwa Nalumango, however,
says that the decision for such action had nothing to do with other pressures
being exerted on the University administration. But both Professor Siwela and
Mwenechanya say they are innocent and charge that the council had failed to
tackle cardinal issues
such as the state of anarchy at the university.
7. SALE OF GOVERNMENT HOUSES SUSPENDED
President Chiluba has suspended the sale of government houses to sitting
tenants because of alleged corruption and victimisation. Mr Chiluba says he
would like to study all the files on the sale of the houses to ascertain
reports that some tenants were being forced out of the houses by senior
officers and reallocating the houses to other people who bribed them.
The Zambia Congress of Trade Unions has welcomed the decision to suspend the
sale while two public service unions have called for the immediate
punishment of the culprits.
8. MEDICAL COUNCIL IN TIFF WITH PROFESSOR CLAIMING CURE FOR AIDS
The Medical Council is involved in a disagreement with a medical professor who
claims that he has invented a drug that reverses symptoms of HIV/AIDS. The
Medical Council says it has carried out investigations on Professor Mulenga
Lukwesa and has established that his claimed medical background is allegedly
dubious.
But Prof Lukwesa says that the medical council was leading a smear campaign
against him and demanded that the issue be kept away from public debate
until tests on his drug, Tisaniferon Herbiron, by the University of Zambia
School of Medicine is complete. Prof Lukwesa claims that the drug boosts
the human immune system.
9. ZAMBIA GETS NEW NATIONAL SOCCER EXECUTIVE COMMITTEE
After almost four years of soccer in Zambia being run by an interim
executive committee, a new team of soccer administrators has been voted into
office. The new committee, headed by Teddy Mulonga, a chief executive of a
tender board, promises to revamp the sport through youth development.
Government has welcomed the change of leadership with President Chiluba
saying that he is happy that all members from the previous executive
committee lost their respective bids to get back on the committee. Chiluba
said it was painful to see Zambia losing 3-0 to South Africa last month.
10. ZAMBIA LOSES ANOTHER BID FOR A MAJOR BOXING TITLE
Hopes of Zambia earning a major international boxing title were shattered on
June 30 when national heavyweight champion Joseph Chingangu, lost his bid to
capture the Commonwealth heavyweight title. Chingangu lost his fight to
England's Julius Francis, on points, in London.
He becomes the third Zambian in as many months to fail to win a major
international boxing title. Light-welterweight Felix Bwalya also failed to
win a Commonwealth title while featherweight Paul Kaoma was defeated in his
effort to capture the World Boxing Organisation title.
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