3rd March 2015
Brebner Changala petitions the President to set up a Tribunal
10th March 2015
President Edgar Lungu suspends DPP and sets up a Tribunal consisting of:
Hon. Mr. Justice Annel Silungwe (Former Chief Justice)-Chairperson
Hon. Mr. Justice Mathew Ngulube (Former Chief Justice)- Member
Hon. Mr. Ernest Sakala (Former Chief Justice)-Member
Mr. Mathew Zulu (Secretary)
11th March 2015
Terms of Reference (ToR) set and published tot he media
- Investigate allegations that the Director Public Prosecution (DPP) has repeatedly abused the authority of his office by indiscriminately entering nolle prosequi in cases in which he is alleged to have an interest of his own to serve, namely:
- (a) The People vs. Shubert Sinkala, where the DPP had not even seen the evidence from the Complainant;
- (b) The People vs Hakainde Hichilema, despite knowing that the Attorney General had advised the DPP that the State had appealed against the judgment of the High Court that declared Section 67 of the Penal Code unconstitutional;
- (c) The People v. Lameck Phiri;
- (d) The People V. Rajan Mahtani and John Peter Sangwa;
- Investigate alleged misconduct or misbehavior of the DPP whereby on 20th February, 2015 the DPP purportedly took over prosecution of a matter before Senior Resident Magistrate, Lameck Mwale where the DPP was personally an accused person and proceeded to enter a nolle prosequi in his own case there by defeating the ends of justice;
- Investigate the DPP’s alleged uttering of a false document procured by means of false and fraudulent representation to Mr. Justice Gregory Phiri, Judge of the Supreme Court, under Cause Number 1998/HP/2097 whereby he inserted and sneaked in two extraneous paragraphs in an order of court thereby misleading the Court;
- Investigate the DPP’s act of intentional disrespect to judicial proceedings and to Mr. Justice Nigel Kalonde Mutuna, Judge of the High Court, in particular, between 1st January, 2011 and 31st December, 2012 by walking away from the Court;
- Investigate the allegation that the DPP has taken over matters in which he has a conflict of interest relating to his business partners (Fred M’membe and the Post Newspaper Limited) Rajan Mahtani (Creditor) thereby going against his statement made before the Parliamentary Select Committee of the National Assembly of Zambia chaired by Honourable Lucky Mulusa that he would not take over such matters;
- Investigate allegations that the DPP connived with and instigated officers from the Drug Enforcement Commission (DEC) to plant illicit drugs on Mr. Brebner Changala and Mrs. Agness Kawandami whereby the DEC swapped vermox tablets also call Mebendazole used for de-worming human beings that were found in Mrs. Agness Kawandami’s belongings at Mr. Changala’s residence with what was said to be Metamphetamine or Ecstacy;
- Investigate the alleged misbehavior of the DPP whereby on or about 8th May, 2013, he purportedly took over the prosecution of his known business allies Mr. Fred Mmembe and the Post Newspaper Limited without declaring conflict of interest in a matter where a complaint was laid by a private citizen against the duo for contempt of court;
- Recommend to the President whether the DPP ought to be removed from office for above allegation
1st April 2015
Tribunal sits for the first time to hear Preliminary issues.
- State asks for an adjournment to amend the Terms of Reference (ToR)
- DPP objects because he was ready to proceed albeit not being served with ToR formally.
- Tribunal adjourns to 13th April 2015
9th April 2015
Original ToR and the Amended ToR served on DPP
13th April 2015
Tribunal sits for the second time to hear Preliminary issues.
- State asks for an adjournment again
- DPP does not object because they had been talking with the States
- DPP submits his written response to the Tribunal and State.
- Tribunal adjourns to 17th April 2015
17th April 2015
Tribunal sits for the third time to hear Preliminary issues.
- DPP augments that Justice Ngulube and Sakala to recues themselves from the Tribunal because they are either directly or indirectly connected to some cases cited in the ToR and previous uncordial experiences with the DPP.
- State objects to DPP’s arguments asking him to restrict himself to amended ToR
- DPP questions if it was the position of the Tribunal that the ToR had been amended
- (A long pose of consultation among the tribunal members, while the State also engaged each other somewhat looking lost)
- The Chairperson of the Tribunal throws the question to the State
- (Sheepishly the AG tries to merge the two documents but the attempt is thwarted by the alert DPP questioning his authority to do so)
- Attorney General abandons the Amended ToR to remain with the Original ToR
- DPP concludes his submissions based on the original ToR
- Tribunal takes a Recess for 20 minutes
- Tribunal resumes sitting
- Tribunal produces a letter dated 8th April from President asking the Tribunal to amendments the ToR.
- Tribunal asks the State to reconcile the ToR in view of the letter from the President
- (One would have expected the AG to produce the letter earlier as his authority for the amendments when he was challenged by the DPP)
- AG readopts the amended ToR to be part of the proceedings.
- DPP asks for an adjournment to consider what had transpired in the day and to be re-served an addendum of the readopted amended ToR
- AG objects to an adjournment and the re-serving the amended ToR because they were already served on the DPP earlier and he responded to them in his written submissions.
- DPP insists on his points because the amended ToR were earlier abandoned so records should flow in legal procedural manner by the State making application to have the amended ToR brought back.
- Solicitor General back peddles on the amended ToR that nothing was abandoned earlier.
- (The Solicitor General was clearly out of synch in his arguments to the extent that he was actually contradicting the AG)
- DPP accuses the Solicitor of lying and request that he should be reprimanded by the Tribunal
- (Tribunal ignores DPP to reprimand the SG)
- Tribunal adjourns to Tuesday 21st April 2015
Forum for Democracy and Development FDD president Edith Nawakwi says there are other ways of meeting the needs of foreign investors as opposed to giving the country’s inheritance.
And the opposition leader says southern province has continued to vote for the opposition United party for National Development UPND because other politicians have not sold themselves to the people in the province.
Speaking when she paid a courtesy call on her royal highness Chiftness Choongo of the Tonga people in Bwengwa Constituency in Monze District, Ms. Nawakwi said the country can not continue giving away her inheritance to foreigners when her people can’t acquire land in other countries.
The opposition leader observes that there is need for government, traditional leaders and other stakeholders to find a sustainable way of dealing with the issue of land in the country so as to ensure that it remains in the hands of Zambians.
She said the country can not continue in the same path of giving out land to the so called investors who in turn do not even invest on the same land.
“I know there are very serious issues that we need to discuss as a county for example we need a new constitution.
I have seen in the last couple of days that their Royal Highnesses are raising issues with government and the issues of land which we need to discuss and agree.
I travel extensively, I can not arrive in China and get 20,000 hectors of land as Zambian because that land belongs to the Chinese people. You can go to Macedonia they give you land for setting up a factory but they will not give you land to farm.
Investors come to our country and they go to their Royal Highnesses and say we want land and they are giving huge chunks of land, they probably come with no money.
In as much as we need investors, the minuet they get title to that land you see some of them selling it out and your children are being deprived.
When we are discussing this land I wish we could get government, the chiefs and all of us to sit and just discuss this issue that in countries like our neighbor Mozambique foreigners don’t get title to land they get lease to land.”
She added that it is possible that investors could come to the country and get lease to land as opposed to giving them title as doing so would ensure that land remained in the hands of the rightful owners, Zambians.
And the opposition leader observed that it was an assumption that the people of southern province were tribalists because politicians from other political parties have not taken time to sale themselves to the people in the province.
“It is just an assumption that our brothers and sisters in the province just want to vote for one political party and therefore we say is a tribal vote. The challenge is that most of the political parties in the country have not sold themselves to the voters in the province.
In 1991 this province voted completely for MMD I think the change started in 2001 when my late brother formed UPND but after that, because of the overwhelming votes in 2001, there hasn’t been any serious attempts to try and win the voters by other political parties,” the opposition leader noted.
The opposition leader further said she was in the province to prove to other politicians that the province is not what it is perceived to be.
Meanwhile, Chieftness Choongo of the Tonga people in Bwengwa constituency of Monze district complained that her chiefdom was legging behind in development because of the tribal tag given to the people in the province.
She explained that most politicians in the country have not taken time to reach out to the people hence making it difficult for people to make informed decisions when voting.
She added that any political party was welcome in the area because her job was to welcome everyone and ensure that her people listened to each and everyone in order for them to make informed decisions when choosing people to represent them.
In the photos president Nawakwi greeting Chieftness Choongo at her palace and president Nawakwi Chating with the elder sister of the chieftness who was recently involved in accident.
President Lungu has also appointed Gender Activist Emily Sikazwe and former UPND Pemba MP David Matongo as commissioners of the ECZ subject to ratification by parliament.
Justice Chulu is currently serving as a Commissioner at ECZ.
He will replace Justice Irene Mambilima who is now Chief Justice while Ms. Sikazwe will replace the late Ms. Minerva Tembo and Mr. Matongo will fill the vacancy to be left by Justice Chulu.
President Lungu says the two nominees are of high professional and personal integrity and that he hopes that they will work towards enhancing the impeccable credentials of the Electoral Commission.
The President said this in a statement issued by Special Assistant to the President for Press and Public Relations Amos Chanda.
The President said Justice Chulu has distinguished himself during his current tenure as Commissioner and during his earlier career on the Bench.
President Lungu notes that Ms. Sikazwe is a distinguished gender and governance activist and professional of high repute while Mr. Matongo is a well-known businessman and former lawmaker.
The President is confident that Members of Parliament will support the nominees.
Meanwhile, the President has re-appointed Professor Patrick Mvunga, State Counsel, as Chairperson of the Judicial Complaints Authority (JCA) .
Justice Christopher Mushabati and Lusaka lawyer Mwangala Zaloumis will also continue as members.
The Head of State has also appointed Justice Martin Munyinda Imasiku and former ACC Director- General Nixon Banda as new members of the JCA.
Source : ZNBC
LUSAKA (Monday, April 13, 2015) — Cabinet has today approved changes to the Mineral Royalty Tax regime and His Excellency Mr. Edgar Chagwa Lungu, President of the Republic of Zambia directed ministers to bring to Cabinet next Monday details to be presented to Parliament for approval.
This follows extensive consultations with the mining industry in the light of significant changes in the fundamental assumptions upon which the law was based and the sudden fall in the price of copper on the international market.
The budget approved by Parliament had the assumption that the price of copper was going to be US$6,780 per tonne but this has reduced to US$5,665 representing a reduction of $1,115. Production, which was also assumed to likely, stay at a peak of 959,696 tonnes has since dropped to 839,000 tonnes
representing a drop by 130,696 tonnes.
All administrative and legislative procedures to effect the changes will be completed before the next cabinet meeting.
These measures will have revenue implications given the fact the basic assumptions in the budget regarding the price of copper and production have changed downwards. The changes to the MRT regime will have revenue implications requiring rationalization of expenditure, which the Minister of Finance has been directed to present to Parliament.
The President has also directed that the Technical Committee he appointed to interrogate the challenges that arose from the MRT regime will continue with consultations with stakeholders to ensure a robust and predictable mining tax regime, which will be linked to the Medium Term Expenditure Framework.
The President hopes that the changes will promptly eliminate
market anxieties in the mining sector and forestall any potential instability.
Special Assistant to the President
(Press & Public Relations)