Farcical constitution making process

People of the British Isles always call for a public inquiry when something goes wrong in Her Majesty’s government or after a major incident. The reason for this now familiar call is that lessons need to be learnt from past events so that in future better decisions could be made. Sometimes these inquiries cost the taxpayer a lot of money (E.g. the Bloody Sunday Inquiry in Northern Ireland is costing the taxpayer more than £200Million!) but they are worth every penny if they serve their purpose i.e. learn the lessons.


The Zambian society has also developed its own system for learning lessons. Commissions of inquiry headed by eminent members of society or judicial officials are normally set up by the President to look at specific issues of great public interest. For instance there have been a number of Commissions to look at the constitution making process (Mungomba, Mwanakatwe, Mvunga). However, even after expanding public resources and time, politicians always seem to ignore the findings of the commissions. One therefore asks why we bother with these expensive committees other than for window dressing purposes or quenching public anger.

The Mungomba Commission spent a lot of time and money going around the country and the globe gathering evidence from the people of Zambia and other interested parties on what should underpin a future constitution for the Republic. When the late President set up the commission, he gave them the solemn responsibility to produce a document that will stand the test of time and a change of government. With this primary objective in mind, the commission produced a draft constitution that was widely accepted as reflecting the wishes of the people.


Unfortunately, the MMD government set about unpicking the document soon after the handover ceremony. They did not like anything in the document that provided a level political playing field. Even the great Mwanawasa had to be dragged kicking and screaming to set up a Constitution Assembly as a mode of scrutinising the draft constitution. He had favoured using the MMD controlled National Assembly. Even after reluctantly setting up the Constitution Assembly, the MMD made sure that this body was not as envisaged by the Mugomba Commission which led to the largest opposition party boycotting it.


Despite the initial teething problems and the absurd allowances being paid to delegates, the NCC (as it is known) has gone about its work diligently and a great deal of professionalism. However, it has lost some shine on two important issues. The first one concerns the famous 50 plus 1 clause in the draft constitution that called for the winning candidate in a presidential election to achieve at least 51% of the votes cast. The MMD do not like this provision because they know it is likely to produce a victory for the opposition. They have therefore made sure the clause is not adopted and has to be put to a referendum. The other worrying development is the well known MMD trick of personalising the Constitution. MMD delegates are now pushing for a clause that requires Presidential Candidates to have a minimum qualification of a Bachelor’s Degree. This is a blatant attempt to stop Mr. Sata from contesting the next Presidential election. We seem not to have learned from the 1996 constitution that targeted KK by inserting a very narrow citizenship clause. It is very clear by these examples that the MMD’s objective is to produce a document that will ensure they remain in power and do not care about the integrity of the constitution itself. We seem not to have learned the lessons from past mistakes.

If the PF-UPND pact wins the election next year, I will not be surprised if they set up another Constitution Commission to produce a constitution “that will stand the test of time” i.e. one that will ensure that the pact remains in power!

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Chipolopolo boys’ poor display at CAN

I am sure I was among millions of Zambians that watched the Chipolopolo boys’ latest outing against the Lions of Cameroon last night. Having heard about Cameroon’s defeat against Gabon, I felt confident enough to invite a Cameroonian family to come and watch the game with us. I firmly believed this was our chance to avenge the 5-1 humiliation at the last CAN.

To be fair to the boys, they started well and scored a good goal in the 8th minute. The Lions were clearly in disarray defensive wise and we should have taken advantage of the ageing Rigobert Song to score another goal to secure the victory.

At the half time break, the Zambians clearly had the upper hand but as always we showed our true colours in the second half. The gun powder (or whatever is used these days) in the copper bullets” was suddenly replaced with water. A series of defensive errors eventually lead to another defeat.

After the game I arrived at the conclusion that GRZ should stop wasting taxpayers’ dollars on the Zambian National Soccer Team. I think the time has come for us to accept that we are now a spent force in football and it is becoming increasingly difficult to justify spending huge amounts of hard earned cash on these fruitless outings. Think of how many desks, mosquito nets the money spent on this tournament would have purchased.

If FAZ wants to continue attending the tournament they should fund it from their own resources. The Zambian taxpayer should be spared this unnecessary expense and we should concentrate on other pressing issues.

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Levy Patrick Mwanawasa: An incentive for posterity by Amos Malupenga

A couple of months ago I was sent Amos Malupenga’s book on the late Levy Mwanawasa. Apparently it has become one of the best selling books in Zambia. I knew about the publication of the book after its author appeared on one of the Blog Talk Radio stations and gave what I judged to be a rather lacklustre performance when faced with questions from listeners. I finally got round to reading the book last week and thought of sharing my views.

What is surprising is that the Managing Editor of the Post, a fierce opponent of the late President, was actually commissioned to write the book. That said, Amos is very kind to Levy. The book is full of glowing comments from colleagues of Levy and the only hint of criticism seems to come from Akashambatwa Lewanika. AKA also provides a good account on how the MMD came to be. I would have bought the book just to read AKA’s contribution. It is interesting to note that a number of contributors wanted to change their commentaries after Levy’s death but the author declined to do so. It is always going to be a difficult task to write a balanced book on a sitting African President. People are naturally going to offer glowing praises and limit their criticisms due to the power that the office of Republican President carries (politics of the stomach). I think we would have a totally different book (and more interesting) if the contributors had been interviewed after the death of Levy.

The book is well written and easy to read. It is very informative on Levy’s background. I used to think the scars on his face were as a result of the Road Traffic Accident that almost killed him when he was VP but was surprised to learn that he suffered terrible burns as a child and spent considerable time in a hospital in the then Zaire. Another interesting piece of information was on how Levy met Maureen Mwanawasa. I had heard rumours in the past that she had been a Secretary in his Law firm but this is not true. One of Levy’s cousins introduced him to Maureen after his divorce from his first wife.

Where the book fails is in addressing the perceived wrongs that Levy committed while in Office. For instance the much talked about preferential treatment accorded to Levy’s tribesmen in GRZ appointments is casually treated. I would have loved Levy to offer a more detailed defence. For instance how did he justify appointing the widow of the late Lackson Mapushi (Levy's relative) to the diplomatic service when there were career diplomats waiting for postings? The appointment of opposition MPs to government positions is also recorded as a progressive step taken by Levy. However, we all remember that at the time the MMD had a small majority in Parliament and appointing opposition MPs and then engineering bye-elections was a ploy adopted to improve the MMD’s numbers in the chamber.

I could be wrong but one of the topics most Zambians reading any book on Levy would want cleared up is the famous phone call Levy received from one FTJ at midnight inviting him to become the MMD’s presidential candidate. The account given in the book is brief and does not really fill in the gaps. E.g. did FTJ ask for any guarantees from Levy? Did FTJ provide Levy with campaign funds (people testified in the Election petition case that brown envelopes where given to Levy). And finally, who funded Levy’s election campaign.

The book tries to provide a good account of Levy’s childhood, family life, career as a lawyer and finally his tenure as Republican president. It is worth reading.

Being more British than the Brits

Just to illustrate that we just do not feature stories about politicians below is an interesting story by Austin Kaluba some Zambians in the UK who are "more British than the brits" . I have met this class of Zambians and sometimes it is every embarrassing how they conduct themselves. Nothing wrong with integration but equally important to remember your roots.

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BY AUSTIN KALUBA (Times of Zambia)

SOMETIME last month, I visited a friend in Manchester. He had left Zambia 10 years ago and has settled down in England where he works as a banker. His wife who is a nurse joined him three years later.But When I visited the couple, I was struck by the contrast between them concerning their attachment to Zambia.While the wife spoke in a high-tonal nasal accent, the husband still speaks like any down-to-earth Zambian speaks back home.The woman went out of her way to show that England, and not Zambia is her home (despite being in the country for a shorter period).The man opened the door for me and greeted me in chi-Bemba hugging me cordially.Then I heard a female voice in the kitchen reprimanding someone. ‘Stop it! I said stop it! Stop being silly Lucy!”As we settled down in the lounge, I saw a pekinese dog trot in the room, its tail erect. The woman followed it and lifted it up. ‘I have got you, silly thing.’ I realised who Lucy was. It was a dog!

The woman nodded a greeting in my direction but her husband reprimanded her in chi-Bemba. “Efyo uposha abantu ifyo (Is that the way you greet people)?” The woman put the dog down and came over to shake my hands.After introductions, we sat down to chat.

“When did you leave ‘Zembia’?” she asked in a forced accent. I nearly answered rudely that I did not know any country by that name but I had to be polite “Five years ago,” I replied. ‘I am told they have a new president Rupiah …Rupiah Benda…he…” ‘mmh Bana mwana mulelanda kwati tamuli bena Zambia (my wife you are speaking as if you are not a Zambian)…who is they?” the husband cut in but she ignored him.“You worked as a journalist. Write something about me. I want to stand as Member of Parliament for Kafue. Zambians need help. They need food.”

When I left the home late that evening, I started thinking about the types of Zambians who have come over here. There is one group that is still loyal to the country and support most things, which are Zambian.This group usually attends the independence celebration day at the residence of the High Commissioner in London, might have a small Zambian flag in their homes or cars, and sometimes eat nshima and play Zambian music.This group is also abreast with events back home through the Internet.

Then there is the type that is striving to be more British than Zambian by accommodating everything British and rejecting anything that links it with Zambia.This group has people talking about the British Premier Gordon Brown like he is ‘our leader’.This group has people who never speak any vernacular language in their homes.

The last major group is in between encompassing both British and Zambian values.Surprisingly, the second group, which is de-Zambianised, comprises largely people who have lived here only for a few years.It is also surprising to hear the number of people who want to bring change when they go back home as Members of Parliament. These are the people who write in the tabloids as ‘worried Zambians’ or ‘concerned Zambians’.To them Zambia is some remote, backward society whose solutions are in the hands of people in the West.Like the Western journalist, these homegrown armchair critics feel they have solutions affecting ‘Zembia’ that President Rupiah ‘Benda’ cannot solve.

FTJ’s acquittal: State withdraws appeal

The DPP has withdrawn the appeal lodged by the Task Force against FTJ's acquittal.

PRESIDENT Rupiah Banda's government yesterday withdrew the state's appeal against former president Frederick Chiluba's acquittal. Director of Public Prosecutions (DPP) Chalwe Mchenga in a Notice of Withdrawal of Notice on Intention to Appeal stated "to the clerk of court whereas, Dr Frederick Jacob Titus Chiluba, Faustin Mwenya Kabwe and Aaron Chungu were on the 17th day of August 2009 acquitted by the Subordinate Court of the First Class of the following offences: 1. Dr Frederick Jacob Titus Chiluba, 6 counts on the offence of theft by public servant contrary to Sections 272 and 277 of the Penal Code Chapter 87 of the Laws of Zambia and 2. Faustin Mwenya Kabwe and Aaron Chungu, three counts of theft contrary to Section 272 of the Penal Code Chapter 87 of the Laws of Zambia. And whereas on the 24th day of August 2009 a Notice of Intention to Appeal against the said acquittals was purportedly lodged on my behalf by a public prosecutor: Now these presents I, Chalwe Farai Ralph Mchenga State Counsel DPP of the Republic of Zambia do hereby give notice of the withdrawal of the said Notice of Intention to Appeal".
This comes barely a day after President Banda fired Task Force on Corruption chairman Max Nkole following his appeal against Ndola High Court registrar Jones Chinyama's acquittal of Chiluba on all counts of embezzling public funds amounting to US $500,000.

No reasons have been advanced but we hope the action has been taken to allow the DPP to study the matter before deciding whether to lodge an appeal or not. One would think that the Task Force lawyers and not the DPP are in a better position to make that judgement. I smell a rat!

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FTJ’s acquittal: Task Force on Corruption Chairman fired

It seems like the government is keen to close the chapter on the corruption cases against FTJ. It is being reported that the government has decided not to renew Max Nkole’s contract as Chairman of the Task Force on Corruption.

Announcing the termination of Nkole's services in a short statement last evening, Secretary to the Cabinet Dr Joshua Kanganja stated that "following the expiration of the contract of employment of Mr Maxwell Nkole as executive chairman of the Task Force on Corruption, Mr Godfrey Kayukwa, director general of the Anti-Corruption Commission, will with immediate effect, serve as executive chairman of the Task Force for administrative convenience until further notice".

We shall comment on the actual acquittal at a later stage but govt seems to have suddenly realised that Max Nkole’s contract has expired after he instructed Task Force lawyers to file an appeal against the acquittal and provinding a lengthy TV interview on the operations of the Task Force. While many of us are dissapointed by the failure to secure a conviction against FTJ having spent a lot of resources on expensive lawyers ($20 000 per month per lawyer), government should not be seen to be interefering with the operations of the Task Force. Any decision to disband the organisation and transfer its operation to the Anti-Corruption Commission should be done in an orderly manner that ensures continiuity and offers the best chance of getting justice for the people of Zambia in these corruption cases.

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Breaking News: FTJ acquitted of all charges

According to the POST FTJ has been acquitted!!


Former Republican president Federick Chiluba has been acquitted by the Lusaka magistrates’ court over corruption charges he was facing involving the theft of US $500,000.

The marathon judgment delivered by Ndola High Court Registrar Johns Chinyama, sitting as a magistrate that took about six hours to deliver however found his co-accused Access Financial Services Limited former directors Aaron Chungu and Faustin Kabwe guilty.

According to the judgment, the acquittal was based on the fact that the prosecution team failed to prove their case beyond reasonable doubt on all counts against the former president.

There was wild jubilation as sympathisers chanted pro-Chiluba songs as he left the court buildings. He immediately announced that he would be holding a press conference at his Kabulonga residence.

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