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Why It is Illegal for Guy Scott to fire or transfer government officers

E. Munshya, LLB (Hons), M.Div.

News that the government of Acting President Guy Scott has either fired or transferred some senior government workers makes sad reading. We should all be concerned when a transitory government purports to perform functions that are outside its mandate. According to Article 38 (3) of the constitution of Zambia, a Vice-President who is performing functions of a President after the death of a substantive President cannot “revoke any appointment made by the President”. That being the case, it is illegal for the government of Guy Scott to replace Bert Mushala with Chanda Kasolo at the Ministry of Information. Some have advanced two arguments why they believe the Guy Scott government is in order to replace Mushala with Kasolo as Permanent Secretary. We will deal with each of these arguments in turn.

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Guy Lindsay Scott of Zambia

Guy Lindsay Scott of Zambia

Some are arguing that the Guy Scott government is in order because in essence what they did was just transfer Mushala from Information and in his place they brought Kasolo. According to this argument, what is forbidden in the constitution is “revoking” the appointment and not “transferring” the worker. Now this is a very weak argument. If an action has the same effect as “revocation” then it should be condemned as such. We all know that there is a reason why an Acting President should not be revoking the appointed officers. An acting president as the name suggests is a temporary leader who assumes executive functions for the ninety days between the death of one president and the election of the next. During this time, it is expected that no major changes should take place in the government. Transferring senior government officers does have the same effect as revoking their appointments. First, it unsettles the basic structure of a government. Second, it sends a chilling effect on government officers to toll the line of the temporary leader. This temporary leader does not have the legitimacy to command such allegiance. Third, it could jeopardies the country’s good order and security. If security agents in Zambia feel insecure during a moment of executive transition, we have no idea how they would react to such activities. There is some strength in knowing that the basic officer structure left by the late President Sata should remain unchanged during the transition.

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Guy Scott can't do through Msiska what the constitution disallows him to do - Munshya

Guy Scott can’t do through Msiska what the constitution disallows him to do – Munshya

The second argument being advanced is to the effect that, in fact, it is Secretary to Cabinet who has done the transfer and not Guy Scott. For the lack of a better term, this argument is absolute nonsense. The Zambian system of governance is a “political system”. Having a political system means that both the civil service and the armed forces are under oversight, supervision and control of our elected politicians. In Zambia, the Secretary to Cabinet even if she is the head of the civil service does not make personnel decision at Permanent Secretary level. This is the preserve of an elected and sworn President. Consequently, according to our constitution, the political leaders are estopped from changing the fabric of the senior civil service in the ninety days of an executive transition. As such, the Secretary to Cabinet does not have the power nor the authority to do what he is purported to have done. If Guy Scott is estopped from making changes, this certainly means that Secretary to Cabinet Msiska is equally estopped from making changes. In essence, Guy Scott cannot accomplish indirectly through Roland Msiska, what he cannot accomplish directly through his office. That which the constitution stops Guy Scott from doing, cannot be done by hiding through the signature of Dr. Msiska. It is an open secret that in the don’t kubeba government, systems and basic government decency has been heavily compromised. But we must do all we can to remind this government to do right. Even after the death of President Sata, this maltreatment of our system was exhibited. Instead of having the political leadership announce the passing of the President, it was a procedural indignity for the death of a republican president to be announced by a Secretary to Cabinet. After all is done, it will be good to make an inquiry into what exactly transpired in this sacrilege in protocol.

By stating that our system of governance is a “political system”, we do not in any way state that “professionals” or “technocrats” are irrelevant. What we are stating is that professionals and technocrats have a place in our system. But their place is not in usurping the role of elected representatives of our people. Zambia is not a technocracy it is a democracy. It is in this vein that we should agree with what Miles Sampa stated at one point when he was at Ministry of Finance. When he was a Deputy Finance Minister, he had differed with some technocrats there. In responding to them, Sampa made it clear that the role of technocrats is not to make “policy” but to implement it. Policymaking is a preserve of elected representatives who have political accountability to the people of Matero or Milenge as the case may be. Since technocrats are not directly accountable to the people, our system of governance makes them amenable to politicians and then politicians in turn are amenable to the will of the people. Zambians voted for Sata, for Guy Scott and will vote for Sata’s successor on January 20, 2015. Zambians never voted for Roland Msiska, and as such, he should exercise only those powers that are consistent with his role as Zambia’s most senior civil servant.

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Scott shouldn’t behave like a substantive President

Another concern we have that has insolently blurred the divide between politicians and the civil service concerns the so-called “District Commissioners”. The DCs are supposed to be civil servants. As civil servants, they are not political representatives of our people. It is surprising how these unelected DCs usurp civic and municipal functions that should be left to respective mayors and councilors to perform. DCs behave as if they are the mini-presidents or mini-ministers of their districts. This is a huge anomaly. To put it another way, a DC is not to Milenge what Sata was to Zambia. Again, my DC friend in Ithezi Tezhi is not to that town what Munkombwe is to Southern Province. We will leave that discussion to another day.

But for now, we condemn Guy Scott’s deplorable way of governing by transferring government officers. It is illegal, to say the least. We urge him to exercise restraint especially during this time that his party is undergoing a political bloodbath. During these times, there is a great temptation to act irrationally and to abuse power. We urge Guy Scott to be reasonable. A warning is in order. Scott could be thinking that he has political bombasa. But immunity is so unreliable as a way to hide what we Zambians perceive to be illegal. All Scott needs is to ask Bo Rupiah Banda and he will be told that in “bombasa” Zambians do not trust!

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This article appeared in the print edition of the Zambia Daily Nation on Friday 21 November 2014. Munshya wa Munshya on Friday column appears there every Friday.

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Hakainde Hichilema, Edgar Lungu and the Politics of Contrasts and Comparisons

E. Munshya, LLB (Hons), M.Div.

The campaign time has come in earnest. It seems all the parties now have a general idea of who is going to be their presidential candidate. It is game on. Without being sub judice, it is clear that after the discharge of the injunction against Rupiah Banda, the ECZ and several other interested parties almost certainly are taking him as the MMD’s presidential candidate. We, however, await the determination of the final matter to know for sure whether Nevers Mumba will bounce back to lead the MMD into the by-election.

By far the winner on the campaign trail so far has been Hakainde Hichilema. Time has worked to his advantage. While the PF and the MMD were embroiled in bitter internal wrangles, HH had the time and support from his caucus to take his “Zambia United” tour across the breadth and depth of our country. This tour had taken him to Solwezi, Nakonde, Kapiri Mposhi and Kabwe. He has also been to Chama, Isoka and Kasama. If there is any candidate that has had a head start to this campaign it is Hakainde Hichilema. The infighting going on with his competitors has helped him sharpen his message. Those discontented with both the PF and the MMD have expressed support for Hichilema’s candidacy. Some MMD Members of Parliament such as Felix Mutati have now pledged to help campaign for Hichilema. It does look like this election will be his to lose.

Even though Hichilema’s campaign has had all these strengths, his fragilities are also quite enormous. Hichilema only campaigned with his wife once: during the launch of his candidacy. And that was the last time we heard of his wife. In Zambia, most successful presidential campaigns must greatly rely on the help of spouses. The Hichilema campaign team should find a way of involving his wife. If she cannot address rallies, they should at least find a way to take of lot of pictures of her with her husband. It is not necessary for her to talk or to address masses like her husband, but it will be good for the optics of Hakainde Hichilema to have Mrs. Hichilema appear with him. Generally, Hichilema appears stiff and rigid on the campaign trail. He has tried to loosen up a bit by biking along other supporters in Chipata. He has also been pictured dancing to some tunes on rallies. That is positive and helps shed off the stiff, business-like and serious appearance.

As stated earlier, the other thing HH needs to work on is to make more appearances with his wife. This is important to the electorate who for some reason still highly regard family unity. The second reason is that spouses somehow humanize candidates. There is something that a spouse brings to a campaign that a candidate cannot. When we look at Michael Sata’s campaign, his wife Christine Kaseba helped humanize him and brought support on her own. Chiluba had Vera during his 1991 campaigns. And so did Levy Mwanawasa, have Maureen, during his 2001 campaigns. I just hope that Hichilema will make his wife a little bit more visible. She has a lot to add to the campaign.

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Mrs Lungu addressing a rally in Mongu alongside husband

Mrs Lungu addressing a rally in Mongu alongside husband

PF presidential candidate Edgar Lungu has already identified this reality and has his wife by his side during campaigns. She spoke at Edgar Lungu’s rally in Mansa making her husband to quip, “this woman could as well grab my Chawama seat”. That exchange of words can only work to the advantage of Edgar Lungu. It shows that they both as a family are ambitious and want to rule the nation. It also shows that both Edgar and his wife are susceptible to the temptation and trappings of office: a reality that rarely works against any political couple. Spouse involvement in politics also gives the people something to talk about apart from the real boring issues. In politics real issues could be monotonous, repetitive and uninteresting. But what can never be boring is the accent of a wife of a presidential candidate. People would like to gossip about how a spouse wears her Chitenge and how she does her Brazilian hair. They want to talk about how she looks and what she says. In the end, such talk only goes to humanize candidates. It also translates political rhetoric into a more common conversation. And today, between Hichilema and Lungu, Lungu looks more human, and casts a common man image to the electorate. In the ballot box, people would more certainly vote for a candidate they feel identifies with them. Hichilema has a lot of good things going well for him. But he needs to repackage his optics and his wife and family could help him do that.

Another matter of great interest is with regard to “tribal perception”. When Lungu went to Mansa, speakers included Kalaba, Inonge, Bwalya and Lubinda. When Hakainde Hichilema spoke in Mumbwa and Kabwe campaign speakers comprised Maureen Mwanawasa and Charles Milupi. That being the case, it appears like Lungu has a more diverse team than HH appears to have. This is not a matter of factual reality, but a matter of perception. And perceptions do matter in Zambian politics. Hichilema needs to deliberately diversify the team he takes on his campaigns. When he went to Muchinga this week, he appeared with Felix Mutati. But he needs to do more than just appear with Mutati. Diversity must appear sincere on HH’s part. It should not appear like he is just trying to work with Mutati to win votes. There has to be some changes in HH’s campaign team to show that he is willing to genuinely work with other political players, particularly those coming from the Northern-Muchinga corridor. The Hakainde campaign team should ask themselves, why is it that in spite of a lot of hard work in this area, his party and campaign still gets perceived as regional or tribal? They need to quickly work on some optics. In Kasama when he visited the Chitimukulu, it was very disappointing that no one came to HH’s defense on time. By the time Mutale Nalumango was responding, it was already too late and Father Frank Bwalya had already taken over the narrative reinforcing the idea that UPND had lied about the Chitimukulu endorsement. What HH needs is a quick response team that handles sensitive tribal issues, especially with regard to Northern-Muchinga-Luapula corridor. This corridor could prove decisive for HH. If he cannot find those that can willingly work for him, he can at least hire someone to do that for him.

This campaign period will be about real issues. But sadly, it will also be about feelings, perceptions, and other irrelevant things. A candidate wins not because they have handled huge issues very well. Candidates win because they connect with the voters sometimes at very personal levels. It is in this regard that we must caution those that are underestimating Lungu simply because he did terribly during the Radio interview. Lungu might not be the best speaker, but if he were able to connect with the common man on the street, it would be difficult to beat him. With good management and change in optics HH could as well become that inspiring politician demanded by the common man and woman.

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Suggested citation:

Munshya, E. (2014). Hakainde Hichilema, Edgar Lungu and the Politics of Contrasts and Comparisons. Elias Munshya Blog (www.eliasmunshya.org). 13 December 2014


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Guy Scott must resign: Here is why

E. Munshya, LLB (Hons), M.Div.

 There is no legal framework upon which cabinet could fire Guy Lindsay Scott as Acting President of the Republic of Zambia. Guy Scott can only be fired if a question about his mental capacity or physical capability has arisen. However, as a people, we are perfectly in order to request that Scott recuses himself from acting as executive head of our republic considering how he has bizarrely failed to unite his party and the nation with it. Political settlements are a legitimate part of governance. Zambia is neither a “legalcracy” nor is it a “technocracy”, but a “democracy”. Politicians should be able to talk to one other, pressure each other and, within limits of the law, make deals for the good of the country. It is in this vein that we should welcome the decision by cabinet ministers to try and negotiate for an exit strategy for Guy Lindsay Scott.

I am asking Scott to resign on the basis that he has failed to provide leadership to our country. Scott has sabotaged the ruling Patriotic Front and with that has also sabotaged good order for our government. Some of our people are downplaying the significance of the wrangles in the ruling party. I am of the view that wrangles in the PF do have national security implications. We cannot just treat the PF as any other club. It is a party in government. As such, it is important to know that what happens in the PF could potentially affect the good order of our nation. Scott has failed to provide leadership in his party and this will spillover to the nation. How could Scott claim to preside over millions of Zambians, if he cannot preside over a simple affair of leadership selection in his own party?

Some are arguing that it is the ministers who should resign and not Scott. This argument is very laughable. Scott tried to fire Lungu while Sata’s body was still lying in state. This backfired upon him. He had offended the good sense of Zambian tradition. We gave him a benefit of doubt. We hoped that he would come around. And then the inevitable followed. He lost nearly all the PF’s Members of the Central Committee. Then he lost support for the PF ordinary members who went to Kabwe and elected Edgar. He also lost support of the PF parliamentary caucus. Scott has now lost support of cabinet. How does a guy continue to preside over national affairs when he has no moral authority?

I am aware though that the opposition parties are in support of Guy Scott. This is understandable. But the opposition needs to be cautioned that supporting Scott in his rampage to sabotage the Patriotic Front is insincere and could plunge our peaceful nation into chaos. Scott should not think that our country would go to elections without PF. It is ridiculous to exclude the PF in the elections just as it would be ridiculous to exclude any other party from participation in elections. This is why Scott’s letter to the Electoral Commission of Zambia and to the Chief Justice asking her not to receive Lungu was in bad taste. It was an assault on democracy. It was an act that has the potential to inflame tensions in the nation. It was a provocative act. Scott should go ahead and hate Lungu all he wants, but in so doing, he should not mortgage the good peace we have enjoyed since independence.

The signs were all clear for all to see. It was only Scott who was blind to this reality. Lungu may have his own weaknesses and he definitely has questions to answer to the people. Nevertheless, after the passing of President Sata, MCCs, MPs, and several cabinet members rallied behind the leadership of Lungu. Clearly, had Scott been a good leader and a good reader of national moods he should have sensed that. But instead of facilitating a fair process for the adoption of a candidate, Scott went on create chaos and mayhem all aimed at frustrating Edgar Lungu. And at whose expense? At the expense of the nation’s peace and good order? Scott cannot make choices for the Zambian people. Zambians will elect a leader of their choice on 20 January 2015. We do not need Guy Scott to tell us why Lungu or HH are preferred candidates. We can figure that out on our own. Scott though has a duty to be sensible and reasonable so that he doesn’t cause unnecessary chaos inspired by his diabolical disgust for Lungu.

Scott is now changing stories. He is claiming that all of his cabinet colleagues are on him because he has refused to abuse government resources for campaigns. I should reluctantly state this to Scott: “Kabepeniko bambi.” Scott is not acting this way because he wants to preserve government resources. Scott is behaving this way because, in spite of repeated indication from the Patriotic Front, he has chosen to sabotage Lungu’s candidature for reasons best known to himself. This is ridiculous. A presidential transition is a very delicate time and moment. We do not need sabotage but unity. To claim that ministers should not use their government vehicles is not only silly but also laughable. During by-elections ministers do use their government vehicles to campaign. Why should that be different now? Wasn’t Scott using state resources when he campaigned in the Zambezi by-elections? What about during the Livingstone by-elections didn’t Scott and Sata’s ministers use their official vehicles? What has changed now? Perhaps, what has changed is Scott’s desire to block Lungu at any cost. Scott should know that it is only the people of Zambia who can stop Lungu. Come 20 January 2015, the people will decide. Lungu could go ahead and use his government car. But the ultimate decision remains with the people on 20 January 2015. Scott should not play with the minds of people like “utwaice”. We have issues with theft, corruption and nepotism. For him to inject it while he fights a senseless war in PF is in bad taste.

In 2011, Rupiah had all the cars and the cash. And what happened in the elections? He was don’t kubebad. We Zambians have this matter in total control. Scott should not use legitimate concerns as a façade to hide his own contempt for a leader the PF has chosen for itself.

Scott has no confidence of the PF’s MCCs. He has no confidence of members of cabinet. He has no confidence of the ruling party’s parliamentary caucus. He has lost control of the ruling party. This makes him a ruler with legal power, but no political or moral authority.

The only confidence he seems to have at the moment is from opposition parties. And that, by itself, speaks volumes of why he is giving us so much drama. Scott should save us the drama and resign. If not, he should then lead us peacefully so that we can subject both Lungu and Hakainde to the will of the Zambian voter.

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Suggested citation:

Munshya, Elias (2014). Guy Scott must resign: Here is why. Elias Munshya blog. (www.eliasmunshya.org). 18 December 2014


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WordPress review of eliasmunshya.org blog in 2014 – Thank you readers!

The WordPress.com stats helper monkeys prepared a 2014 annual report for this blog.

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Here’s an excerpt:

The Louvre Museum has 8.5 million visitors per year. This blog was viewed about 82,000 times in 2014. If it were an exhibit at the Louvre Museum, it would take about 4 days for that many people to see it.

Click here to see the complete report.


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“Ifintu ni Inonge”: The making of the Edgar Lungu candidacy

E. Munshya, LLB (Hons), M.Div.

It is November 30 2014. Delegates have gathered at Mulungushi Rock of Authority in Kabwe. The Patriotic Front is supposed to be having its Extra-ordinary conference. The acting president of the Patriotic Front, Guy Scott, called the conference, but for some reasons best known to himself he has decided not to attend the conference. He is not prepared to officially open it. As the delegates gather and wait for the official opening, it becomes apparent that their president would not show up. In fact, he would not even come near the venue of the conference.

Then enters Inonge Wina, the chairperson of the Patriotic Front. She ambles to the platform at Mulungushi and makes an announcement. She is calling the meeting to order. In spite of the absence of Guy Scott, the general conference must go on. She mentions that she had been in a meeting with Guy Scott and it seems like he would not be attending the conference. However, PF must move on to select a leader to succeed President Sata.

Wina enjoys reading, gardening and cooking. She holds a degree in history and sociology. She was the first CEO of the Young Women Christian Association (YWCA) shortly after independence. She has worked in the government as a civil servant and as a politician. As a passionate women’s rights advocate she volunteered her time on various boards. In 1996 she was elected national chairperson for the NGOCC, an alliance of civil society organisations. Her active political involvement started with the United Liberal Party in 2006. After winning the Nalolo seat in 2011, she was appointed to cabinet in the new government.

In making that announcement in Kabwe, Wina brought to culmination a whole month of speculation and crisis within PF. She had made it very clear, that as Chairperson of the Patriotic Front, she was not going to be intimidated in the discharge of her duties by Guy Scott or anyone acting on his behalf. By standing up to power, Mrs. Wina had drawn upon the inspiration garnered from her own lifetime. Born in 1941 at Suibumbu Village in Senanga, she had served in civil society promoting gender equality and advocating for women’s rights. For her, resolving the crises in the Patriotic Front was just one of those duties in her life.

At first, she appeared to have been a neutral arbiter of conflicts beginning to surface just after the passing of President Sata. The main players in the conflict were Guy Scott on one side and Edgar Lungu on the other. She appears to have been quietly trying to have these two camps iron-out their own differences outside the glare of the public. But Scott’s infamous act to fire Lungu as Secretary General before President Sata was even laid to rest, rubbed many PF stalwarts the wrong way. As a peacemaker, that she is, she joined several PF leaders to have Scott rescind his decision to fire Edgar. To his credit Scott reversed his decision. Relations in the PF then went from bad to worse. It seemed that most of the MCCs had picked their side. They wanted Lungu. Most of PF MPs as well had decided to back Lungu for the presidency. On the other hand, Scott visibly did not seem to like Lungu. But in spite of Scott’s clear contempt for Lungu, it appears like there was consensus in the central committee, in cabinet and among PF parliamentary caucus that Edgar was going to be the PF candidate.

With the worsening relations within the PF, it was clear that resolving the conflict required some courageous leadership. It was at this juncture that Inonge’s guidance was going to be evident. She determined that the best way to resolve these problems was to give people what they wanted. She was not going to play neutral anymore. She had taken time to listen to the MCCs, to the MPs, and to the cabinet members. Consensus seems to have gone towards Edgar Lungu and she seems to have decided to make that happen. In many ways, therefore, she chose Edgar Lungu and she was going to do all that she could do to have the PF pick the candidate that consensus seems to have settled for. It also seemed clear that in spite of the emerging consensus, it was only Guy Scott and a few of his colleagues that did not want Lungu. Scott was going to do everything in his power to block Lungu. But doing so would not come without cost to the Patriotic Front. It is this cost, that Inonge wanted to avoid. And so the battleground was marked and the swords were drawn, Inonge Wina had picked a side and she was going to fight to the finish.

Consistent with Guy Scott’s reactionary and clueless leadership, when he noticed that Inonge had taken sides, he decided to drop her from PF. She responded with the bulk of MCCs to suspend Scott. Until that time, the pro-Lungu MCCs had lacked a credible spokesperson. All that changed when she emerged as the spokesperson for them. She brought credibility and integrity. The more Scott reacted against her, the more unreasonable he appeared. When on 30 November 2014, she stood at that platform to call the conference to order, it was all clear that Lungu was going to be elected. If PF stalwarts had picked Edgar, it was just natural for her to be the facilitator of that process rather than being the hindrance to it.

When later, in December she was asked about what had actually transpired at Kabwe, her answer was to the effect that she decided to go on with the meeting because she was concerned about the ruling party supporters who had travelled long distances to come and attend the meeting. She did not want to disappoint them. She wanted to have them go back having elected their leader. And so it was her pragmatism that finally won the day. Zambia needs pragmatic leaders like her.

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Guy Lindsay Scott of Zambia

Guy Lindsay Scott of Zambia

After the election of Edgar Lungu, Scott proved that he still had some fight in him. He went ahead and conducted a fresh accreditation process and held another conference on Monday, December 1. But as far as Wina was concerned, the PF conference had already elected Lungu. What Scott was doing according to her, was illegal. She decided to go to court to compel Scott to not go ahead with his conference. Having obtained the injunction against the Monday meeting, Inonge Wina addressed the press with new PF president Edgar Lungu and presented to him the party’s adoption certificate. The work she had started was going to be brought to completion. At that same meeting, Lungu fired Bridget Attanga as Secretary General of the Party and replaced her with Davies Chama. This is perhaps one of the most significant tactical decisions that would prove decisive in giving Lungu the PF presidency.

Edgar’s route to the PF presidency has been fraught with great difficulties. Without the resolute leadership of one Inonge Wina, it could have been even more challenging. Lungu won because Wina did all she could to have him become the candidate. A president Edgar Lungu should look no further than Inonge for the choice of our country’s vice-president should he win in January. Inonge Wina has really earned her stripes. Vice-President Inonge Wina has a good ring to it. Ifintu ni Inonge.

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Suggested citation:

Munshya, E. (2014). After Sata: Inonge Wina and the making of the Edgar Lungu candidacy. Elias Munshya Blog. http://www.eliasmunshya.org, 30 December 2014


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Battle for Edgar Lungu’s Lungs: When politics and medical ethics collide

E. Munshya, LLB (Hons), M.Div.

One of Zambia’s newspapers published what it claimed were medical records of Hon Edgar Lungu, the ruling party’s presidential candidate. According to that newspaper, Lungu suffers from several ailments among which are an infection to his kidney and lungs. Quoting a report purportedly signed by a Dr. Gupta, the newspaper stated that Lungu needed to undergo treatment in India involving “renal dialysis.” The speculation about Lungu’s illness was heightened by his sudden absence last weekend. The named newspaper further insinuated that Lungu is so sick that he should not be entrusted with the presidency. Online media also jumped on this report to confound the nation by coming up with strange theories.

The veracity of these reports cannot be independently verified. In fact, the medical report itself seems to be a fabrication. Since, the newspaper has a history of allegedly forging documents, it creates a doubt in my mind that this particular medical report could be a forgery too. In the 1990s, the paper claimed to have found Frederick Chiluba’s birth certificate. It was later discovered that the so-called birth certificate was a total forgery. Chiluba who was born in the 1940s couldn’t possibly have had a birth certificate then. But in the pursuit of political mileage, that newspaper did not hesitate to publish lies. Zambians should know that the fact that a newspaper publishes a document does not make that document reliable.

What is more confusing in this Lungu sickness saga is that the UPND party now claims that it too does have a medical report which lists the ailments of Edgar Lungu. The news from the UPND came through its Vice-President Canisius Banda. Banda is a medical doctor by profession. In fact, he is a practicing physician. What really gets me concerned is that a medical doctor by profession wants to use this report as a way to blackmail Edgar Lungu into giving up his candidacy. We submit, that what Banda is doing is unethical and could violate physicians’ professional standards.

Professionals have been a valuable resource to the political establishment of our nation. Zambian politicians now comprise Grade 7s, Grade 12s, college alumni and university graduates. It is a rich diversity of educational backgrounds. That is exactly what we need. We have had lawyers, welders, doctors, preachers, and engineers among others, join the political vocation. Today we have an engineer Yamfwa Mukanga serving as a political leader. We have lawyers such as Edgar Lungu. There are reports though that the Law Association of Zambia, for stealing client’s money, withdrew Edgar’s practicing certificate. Lungu must explain this unethical conduct on his part. Currently, Dr. Canisius Banda is one of the highest-ranking politicians who are also practicing doctors. As such it is quite concerning that Banda could be at the centre of this controversy regarding Lungu’s so called medical report.

Medical doctors, like any other helping professions, have professional ethics that they must observe. One such ethics is the duty of confidentiality. There is just too much information that passes between a patient and a doctor. As such, all doctors have a duty of confidentiality to their patients. This duty reinforces the confidence in the medical system. For medicine to retain the confidence of the public, workers should be able to protect confidential information that comes their way due to the nature of their work. This duty of confidentiality does not just affect a particular doctor and her particular patient. It extends beyond that. A medical doctor should not be using private health information about any patient, even if she is not the primary physician attending to that patient. As such, Dr. Canisius Banda cannot justify his blackmail by claiming that he is not the source of the report. That which Dr. Gupta cannot do due to professional ethics, Dr. Banda cannot do due to professional ethics. It is not an excuse for Dr. Banda to claim that he was not the primary physician of Lungu’s. The fact that the medical report was allegedly fraudulently obtained from Lungu’s physician still places an ethical obligation on any other doctor not to deal with that information in a way that is medically or politically prejudicial to Lungu. We have no evidence that this report is actually factual or accurate. Nevertheless, Dr. Banda should not be connected with the threats he is issuing about releasing this medical report. He is a doctor.

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UPND Vice-President Canisius Banda

UPND Vice-President Dr. Canisius Banda

Dr. Banda, as a politician, has the right to do his politics in any way he wants. But he is also a medical doctor who has ethical obligations to fulfill. His political actions of medical blackmail offend the common decency of the practice of medicine. We professionals do not get immunity from professional obligations simply because we have joined politics. Lawyers who are in politics still have an obligation to treat their clients and former clients in an ethical manner. It would be a ridiculous Zambia where lawyers begin using information they obtained during legal practice to blackmail political opponents. The same applies to doctors. Since Dr. Banda appears to be a good physician, there are chances that he has treated a lot of politicians in Zambia. However, with this threat to blackmail Lungu, I have no doubt that those politicians could have a reason to worry. If this gentleman has medical data on Lungu, which he now wants to use against Lungu, what would stop him from releasing information about anybody else?

Banda’s comments should be condemned. He is a medical doctor and should adhere to the ethics and oaths of medicine. It would be a shame for him to be at the centre of this debacle.

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Zambia Medical Association

Zambia Medical Association

I do see why some Zambians should be concerned about the health of presidential candidates. But demanding medicals for candidates is as ridiculous as demanding that candidates be of a certain level of education. If indeed we should be caring about medical reports, then the next questions to deal with would be: where are we going to draw the line? Does evidence of a disease of the lung affect a person’s ability to rule? This is why our constitution only states that one should not lead if they are “incapacitated”. It does not say that one must not rule if they are sick, for such a requirement would be impossible to meet by mere mortals. I am not interested in knowing whether Lungu has a disease of the lungs; all I am interested in is to know whether Lungu will stop corruption, nepotism and tribalism. If he gets incapacitated, we will then ask Cabinet and our parliament to remove him from office. But this obsession with medical reports could only transform us into a nation of sadists and political vampires. I just hope there is no medical report somewhere telling us how much quinine, metronizadole, or sildenafil politicians took last year. For such a report is completely irrelevant to major questions we should be asking this election season. Questions to do with nepotism, corruption, theft and tribalism.

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Suggested citation:

Munshya, E. (2015). Battle for Edgar Lungu’s Lungs: When politics and medical ethics collide. Found at http://www.eliasmunshya.org, Elias Munshya Blog. 2 January 2015


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Don’t Kill, Just Kiss: What cadres can learn from Zambian politicians about love, hate and forgiveness

E. Munshya, LLB (Hons), M.Div.

The election is drawing very near. Politicians are busy pounding on doors and flying their helicopters. Lungu has been soaring from Chinsali to Mpulungu, and from there to Katete. Hichilema has also been taking provinces by storm. As the campaign intensifies, so has the alignment and realignment of endorsements. What is actually fascinating is how quickly politicians endorse each other and change their political affiliation. Looking at Lungu’s campaign team today, you would wonder whether this is the same PF team Sata left behind. Additionally, when you look at Hichilema’s team you would equally wonder whether UPND has suddenly become PF or MMD. Politicians that were insulting each other just a few months ago are now realigned and they are best of buddies. I am quite surprised at our politicians’ ability to forgive each other and tolerate each other when seeking political support from one another. In a sense, their sense of forgiveness and their lack of vindictiveness should be a model for all cadres in Zambia.

It is quite strange though that, while politicians forgive each other and take each other for a drink, it is usually cadres who suffer the most bitterness. Cadres are busy insulting each other and killing one another for the support of the same politicians who are enemies today and yet close friends tomorrow. I am appealing to cadres all over Zambia, to desist from victimizing each other and to stop fighting each other because it really is not worth it. Politicians are not values worth fighting for. They change, make up, and then kiss each other while cadres fight and kill each other. It is time for Zambian political cadres to stop the killing and start the kissing. By using the word “killing”, I am really exaggerating it. Cadres are not literally killing one another, but they are fighting nevertheless. That fighting must stop and must be replaced forthwith with kissing. Let Zambian cadres belonging to different political parties dance together and kiss each other. Let them not be used by politicians for politicians themselves have no tangible vertebrae to stand on the very principles that these cadres seem to be fighting over.

Who on earth ever thought that Geoffrey Bwalya Mwamba would one day become team Hakainde Hichilema? Isn’t this the same GBM who in Mazabuka stated publicly on radio that he had information that a named opposition leader (read HH here) had given money to retired soldiers to assassinate President Michael Sata? To make this even more bizarre, GBM further claimed that police was actively investigating this matter. When GBM was making this claim, he was our country’s minister of defence – a defacto number three in our cabinet hierarchy. Come 2015, this very guy who accused HH of such a heinous crime has changed colours to call HH “a great leader with common interests”. HH has embraced GBM and is using him a great deal in the campaigns in Mporokoso, Kasama and some other parts of Bemba lands. If HH can so easily forgive and make up with GBM, why on earth should cadres be fighting over HH or GBM or is it over PF and UPND?

Frederick Chiluba had in 2001 dribbled Michael Sata in the politics of presidential succession. The fallout was so acrimonious that Sata went to form his own party that almost instantaneously became a threat to Chiluba’s MMD in both Luapula and Northern provinces. After Chiluba’s own personal fallout with President Levy Mwanawasa, he decided to burry the hatchet with Sata and the two became friends again. Chiluba offered support to Sata’s bid for the presidency in 2006. What cadres thought were enemies had chosen to forgive each other and move on for the good of their political interests. After the death of Levy Mwanawasa, Chiluba dribbled Sata again by switching support to one Rupiah Banda in 2008. Essentially, Chiluba had gone back to support Mwanawasa’s Vice-President who had been persecuting him. Talk of forgiveness or is it opportunism. While this went on, it was ridiculous that cadres continued fighting between Chiluba’s supporters and Sata’s supporters. At the funeral of Lemmy Chipili, Chiluba told PF supporters, “there are no permanent enemies in politics only permanent interests.” He was right, there is no reason for cadres to continue fighting when politicians can change their friends overnight or as soon as it suits them.

Rupiah Banda’s 2015 endorsement of the Patriotic Front candidate Edgar Lungu should not come as a surprise too. Whatever the politics behind the gesture, it should tell cadres something when they see former political enemies embracing each other. Imagine, how Lungu is simpering for Banda’s attention. Wasn’t this same Lungu who as minister of home affairs was as vocal in threatening to arrest this Banda? He was the enemy then, but now the two gentlemen are claiming to be “the leaders uniting for a united Zambia”. They have kissed. Many cadres fought each other over Banda and PF. Some may have even assaulted each other. But that was then. By showing pretended forgiveness now, these two leaders show how ridiculous it was for the cadres to fight each other those years back. Politicians are not worth any Zambian’s blood!

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The Cobra who charmed a nation

The Cobra who charmed a nation

We have heard that in Mongu, cadres were fighting. For a while social media had reported incorrectly that a UPND cadre had been killed. We urge cadres to stop killing each other and kiss each other instead. HH or Lungu are not worth killing another. Why should a Lozi in Mongu kill another Lozi in Mongu over the support of HH or Lungu who can get together and reconcile in no time if politics suit them? In Shiwang’andu, cadres descended on a helicopter carrying Maureen Mwanawasa and Mutale Nalumango. The duo had gone to the PF stronghold to drum up support for Hakainde Hichilema. I wonder why cadres should allow themselves to be used in this manner. Don’t they realise that if UPND formed government this month, the same Hon. Kampyongo could just change sides, get forgiven by Maureen Mwanawasa, and then get a ministerial post from Hakainde Hichilema? Where would that leave the warring cadres? Cadres must stop the killing, and instead start kissing one another.

We all have had the fair share of insults from supporters of some politicians. I have decided not to hate or insult another for holding views different from my own. After all is said and done, we will all come together as one huge Zambian family, make up and kiss each other again. Why then should I hate another Zambian? Is it because of Lungu or Hichilema or Mumba? Bacepa sana, umuto walupwa tawitika. We shouldn’t sacrifice the familial ties of our Zambian commonwealth at the altar of wielding pangas for any political leader. It is not just worth it. Instead of hate, I am urging all to adopt the mantra of politicians by embracing all when it suits their politics. And our politics dictate that there is only “One Zambia” and “One Nation”. As such, let us put away those pangas and those swords!


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For Tuesday’s election in Zambia, here is my endorsement


Vote for Peace, Vote in Peace!

 E. Munshya, LLB (Hons), M.Div.

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Michael Sata with Edgar Lungu

Michael Sata with Edgar Lungu

The time is finally here. In a few days, Zambia goes to the polls. What a milestone. Mature nations and great democracies use the ballot as the only legitimate way to change or not-change a government. For this we must commend ourselves and thank God Almighty for having given us the grace and the opportunity to partake in the sacrament of our democracy. I call Zambian democracy a sacrament because it is a system we have chosen for ourselves. It is also a political system we believe God has ordained for us. As such, we come to the table of democracy with gratitude and hope, knowing that it will help us to choose a leader to take our great nation into its future. As Zambians we must take democracy seriously. We must guard it with our very lives. We must do all we can to sustain it and to make it flourish. There is no one who can make our democracy better and greater apart from ourselves. Democracy does not flourish just because of good laws, or good structures. Democracy flourishes due to the diligence of the people concerned. It is the people who are the genuine vanguards of any democracy. In fact, it is the vigilance of our people that will brook the verve of our democracy. We are happy and excited that on 20th January 2015, we the people will choose.

Democracy however, is not without its challenges. Freedom could be a burden sometimes since it calls for responsibility. Democracy asks a lot from us. In fact, it demands a lot from us. We must be ready to give democracy its drink when it is thirsty. We must be ready to spare bread for democracy when it is hungry. We should be ready to be the legs, the hands and the feet for democracy when needed. It is in this vein that we must be clear in our resolute. Zambians must reject anything that could disturb our peaceful democracy. Once we elect to choose leaders through the ballot, we must ensure that we continue to elect leaders through the ballot. There are temptations to go for the shortcut. These are shortcuts we must not entertain. And I am excited that on 20th January 2015, we the people of Zambia are exercising our liberty to choose a president. It is the people’s choice that will matter on that day. When going to the ballot booths, I appeal to our people to be peaceful. If someone wants to cause confusion, let it not be you. I appeal to our people in Choma, in Chama and in Chipili to remain peaceable. It is the people’s vote that should speak on Tuesday and not fists. In Zambia the only political fight we should entertain is the fight done through the ballot box and not through the boxing ring. I appeal to our people to heed the Electoral Commission of Zambia. I appeal to our people not to wear provocative party regalia on Election Day. There has been enough time for campaigns. Tuesday will be the day to cast our ballots and not the day to wear our various political costumes.

To the candidates in this election, I appeal to you to appeal for calm among your supporters. Political violence is not a preserve of any one political party. As such, all candidates should take a comprehensive approach towards condemnation of electoral violence. From Mwinilunga to Lunga, and from Mpulungu to Mazabuka, there should be no reason why we should be exchanging fists of rage. Hichilema, Lungu, Mumba as well as all the other contenders should let their supporters know that violence will not be tolerated. The people of Milenge, Serenje and Sesheke all need peace!

After candidates have condemned violence, the next logical thing they should do is to respect the voice of the people. Candidates should be as peaceful as we want the ordinary supporters to be. Lungu, Hichilema, Mumba, Nawakwi and all the other contenders should be prepared to accept defeat if they are beaten in the elections. The whole reason why we are subjecting ourselves to a transparent electoral process is to allow the ordinary people of Zambia to make their voice heard through the ballot. No candidate should bury this voice. As such, the most logical thing to do after the elections is for the losers to graciously accept defeat. Losers should not take our country into the brink of feuds. Both MMD and PF should accept defeat if they lose. Additionally, both UPND and FDD should also accept defeat if they lose the election. It would be a terrible situation if these parties refuse to concede defeat. It is true that losing upsets. It really does hurt a lot. But in the interest of democracy, we should be able to accept the will of the people that they exercise through the ballot.

We must desist from making alarming statements about suspected rigging and stuff like that. I really do believe in the Electoral Commission of Zambia. Justice Mambilima and her great team at ECZ are working hard for their country. They need to be commended and appreciated during this time. Ordinary Zambians should also feel free to openly encourage Mambilima and her team. They are doing a great job and we look forward to a free and fair election on the 20th of January.

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Michael Sata with Hakainde Hichilema

Michael Sata with Hakainde Hichilema

There is more to this election than just winning and losing. This election is also about replacing President Michael Chilufya Sata whose untimely death was painful for his family and for the nation. As a great tribute to his life, we must ensure that this election is held in the most peaceful of atmospheres. If PF loved Sata and indeed if UPND too loved President Sata, we want them to show it through a nonviolent electoral period. The same goes for Heritage Party, the MMD, the FDD, the ACP, UNIP, the Fourth Revolution and the so many other parties contesting the presidency.

When this column returns next week, a new President would already have been sworn-in. We have no idea who that individual is. But whatever the choice of the Zambian people, I will be happy with it! Let us continue to pray and hope that the next leader takes our great nation into the future we need. Happy Election Day Zambia!


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Zambian Presidential Elections Results Current Update

Note: These are full constituency results from the few constituencies collated so far. We are using the following sources: The Post Newspaper, Flava FM and Radio Mano. We are only using those provisional results at constituency level and we will be updating as we go. It is too early but a pattern is showing already. Note that we do not have the new Muchinga Province below.

PF UPND MMD FDD Others
Central Province
Chisamba
Chitambo
Kapiri Mposhi
Katuba
Keembe
Mkushi North
Mkushi South
Muchinga
Mumbwa
Mwembeshi
Serenje
Bwacha
Nangoma
Kabwe Central
Copperbelt Province
Bwana Mkubwa
Chifubu 11,817  3,422
Chililabombwe 10,126 2,780
Chimwemwe 15,214 3,499
Chingola
Kabushi
Kafulafuta
Kamfinsa 8,983 2,381 106 71
Kantanshi
Kwacha
Luanshya
Kalulushi
Masaiti
Mpongwe
Mufulira
Nchanga 11,388 2,666
Ndola Central
Nkana 11,608 2,829 194 104
Wusakile
Roan
Lufwanyama
Kankoyo
Eastern Province
Chadiza
Chipangali
Chasefu
Chipata Central
Feira
Kapoche
Kasenengwa
Luangeni
Lumezi
Lundazi
Malambo
Mkaika
Msanzala
Nyimba
Petauke Central
Sinda
Vubwi
Chama South
Milanzi
Luapula Province
Bahati
Bangweulu
Chembe
Chiengi
Chifunabuli
Nchelenge
Chipili
Kawambwa
Luapula
Mambilima
Mansa Central
Mwense
Pambashe
Mwansabombwe 4,548 421
Lusaka Province
Kafue
Feira
Chilanga
Chongwe
Rufunsa
Lusaka District
Chawama
Kabwata
Kanyama
Lusaka Central
Mandevu
Matero
Munali
Northern Province
Chilubi
Chinsali
Isoka East
Isoka West
Kanchibiya
Kaputa
Kasama
Lubansenshi
Lukashya
Lunte
Lupososhi
Malole
Mbala
Mfuwe
Mporokoso
Mpulungu
Nakonde
Senga Hill
Shiwa Ng’andu
Chimbamilonga
Mpika Central
North-Western Province
Chavuma
Kabompo East
Kabompo West
Mufumbwe
Mwinilunga East
Mwinilunga West
Solwezi Central
Solwezi East
Solwezi West
Zambezi East
Zambezi West
Kasempa
Southern Province
Bweengwa
Chikankata
Choma
Dundumwenzi
Gwembe
Itezhi-Tezhi
Kalomo Central
Mapatizya
Katombola
Livingstone
Magoye
Mazabuka Central
Mbabala
Monza
Moomba
Namwala
Pemba
Siavonga
Sinazongwe
Western Province
Kalabo Central
Kaoma Central
Liuwa
Luampa
Luena
Lukulu West
Mongu Central
Nalikwanda
Nalolo
Senanga
Sesheke
Sikongo
Sinjembela
Mwandi
Lukulu East
Mulobezi
Mangango
TOTAL -

Please note that the totals above may not be accurate. I will be taking some time to do the totals intermittently.

Disclaimer: These are not official results of the Electoral Commission of Zambia. I do not guarantee the accuracy of these figures.


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Current update Lungu 512,479 while HH has 359,106 – #ZambiaDecides

(copyright – eliasmunshya.org, 2015) PF UPND
Chisamba Central 0 0
Chitambo Central 0 0
Kapiri Mposhi Central 0 0
Katuba Central 0 0
Keembe Central 0 0
Mkushi North Central 0 0
Mkushi South Central 0 0
Muchinga Central 0 0
Mumbwa Central 0 0
Mwembeshi Central 0 0
Serenje Central 0 0
Bwacha Central 0 0
Nangoma Central 0 0
Kabwe Central Central 11763 4957
Bwana Mkubwa Copperbelt 11294 3038
Chifubu Copperbelt 11817 3422
Chililabombwe Copperbelt 10126 2780
Chimwemwe Copperbelt 15214 3499
Chingola Copperbelt 11750 5846
Kabushi Copperbelt 12475 2762
Kafulafuta Copperbelt 0 0
Kamfinsa Copperbelt 8983 2381
Kantanshi Copperbelt 8439 1615
Kwacha Copperbelt 14940 4027
Luanshya Copperbelt 9765 3145
Kalulushi Copperbelt 11371 4040
Masaiti Copperbelt – (eliasmunshya.org)
Mpongwe Copperbelt
Mufulira Copperbelt 6755 1690
Nchanga Copperbelt 11388 2666
Ndola Central Copperbelt 12610 4662
Nkana Copperbelt 11608 2829
Wusakile Copperbelt 11551 1969
Roan Copperbelt 7782 2445
Lufwanyama Copperbelt
Kankoyo Copperbelt
Chadiza Eastern Province 2927 2391
Chipangali Eastern Province 4673 1750
Chasefu Eastern Province
Chipata Central Eastern Province 10883 3228
Feira Eastern Province
Kapoche Eastern Province
Kasenengwa Eastern Province
Luangeni Eastern Province
Lumezi Eastern Province
Lundazi Eastern Province
Malambo Eastern Province 3157 1627
Mkaika Eastern Province
Msanzala Eastern Province
Nyimba Eastern Province
Petauke Central Eastern Province
Sinda Eastern Province 2509 3142
Vubwi Eastern Province
Chama South Eastern Province
Milanzi Eastern Province
Bahati Luapula Province
Bangweulu Luapula Province 7472 848
Chembe Luapula Province 2597 354
Chiengi Luapula Province
Chifunabuli Luapula Province
Nchelenge Luapula Province
Chipili Luapula Province 5689 267
Kawambwa Luapula Province 5233 374
Luapula Luapula Province
Mambilima Luapula Province 3714 568
Mansa Central Luapula Province 10631 1278
Mwense Luapula Province 3714 588
Pambashe Luapula Province 3854 519
Mwansabombwe Luapula Province 4548 421
Kafue Lusaka Province
Feira Lusaka Province 3732 751
Chilanga Lusaka Province 6410 4321
Chongwe Lusaka Province 5773 6853
Rufunsa Lusaka Province
Chawama Lusaka Province 18469 6261
Kabwata Lusaka Province 19704 10069
Kanyama Lusaka Province 31508 2536
Lusaka Central Lusaka Province 15077 9190
Mandevu Lusaka Province 29244 9844
Matero Lusaka Province 28056 9127
Munali Lusaka Province 27296 14366
Chilubi Northern Province
Chinsali Northern Province 8622 381
Isoka East Northern Province 5114 1031
Isoka West Northern Province
Kanchibiya Northern Province
Kaputa Northern Province
Kasama Northern Province 11544 3465
Lubansenshi Northern Province
Lukashya Northern Province
Lunte Northern Province
Lupososhi Northern Province
Malole Northern Province
Mbala Northern Province
Mfuwe Northern Province
Mporokoso Northern Province
Mpulungu Northern Province
Nakonde Northern Province
Senga Hill Northern Province
Shiwa Ng’andu Northern Province
Chimbamilonga Northern Province 4175 1533
Mpika Central Northern Province
Chavuma North-Western
Kabompo East North-Western
Kabompo West North-Western
Mufumbwe North-Western
Mwinilunga East North-Western 537 6515
Mwinilunga West North-Western
Solwezi Central North-Western 4219 14737
Solwezi East North-Western
Solwezi West North-Western
Zambezi East North-Western 900 8333
Zambezi West North-Western
Kasempa North-Western
Bweengwa Southern Province 79 10487
Chikankata Southern Province 471 12457
Choma Southern Province 2139 21921
Dundumwenzi Southern Province
Gwembe Southern Province
Itezhi-Tezhi Southern Province
Kalomo Central Southern
Mapatizya Southern Province 357 13874
Katombola Southern Province
Livingstone Southern Province 8352 19125
Magoye Southern Province
Mazabuka Central Southern Province 3092 14801
Mbabala Southern Province 126 12996
Monze Southern Province 1045 14727
Moomba Southern Province 100 8276
Namwala Southern Province
Pemba Southern Province 203 13338
Siavonga Southern Province 1361 12817
Sinazongwe Southern Province
Kalabo Central Western Province
Kaoma Central Western Province
Liuwa Western Province
Luampa Western Province
Luena Western Province
Lukulu West Western Province
Mongu Central Western Province 1959 11483
Nalikwanda Western Province
Nalolo Western Province
Senanga Western Province
Sesheke Western Province 566 5103
Sikongo Western Province
Sinjembela Western Province
Mwandi Western Province
Lukulu East Western Province
Mulobezi Western Province
Mangango Western Province 1017 3260
TOTAL (eliasmunshya.org) 512,479 359,106

We welcome people copying these tabulations. But please acknowledge the source as http://www.eliasmunshya.org. Thank you!!!!


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Zambia Election Results: Lungu is at 657,929 HH is at 540,596 from our tabulations so far

 www.eliasmunshya.org PF UPND
Chisamba Central - -
Chitambo Central 2,534 384
Kapiri Mposhi Central - -
Katuba Central 2,099 5,809
Keembe Central - -
Mkushi North Central 4,153 2,577
Mkushi South Central 680 980
Muchinga Central 1,384 456
Mumbwa Central - -
Mwembeshi Central - -
Serenje Central 3,940 839
Bwacha Central 8,182 2,682
Nangoma Central 542 7,783
Kabwe Central Central 11,763 4,957
40,277 26,467
Bwana Mkubwa Copperbelt 11,294 3,038
Chifubu Copperbelt 11,817 3,422
Chililabombwe Copperbelt 10,126 2,780
Chimwemwe Copperbelt 15,214 3,499
Chingola Copperbelt 11,750 5,846
Kabushi Copperbelt 12,475 2,762
Kafulafuta Copperbelt 2,241 1,961
Kamfinsa Copperbelt 8,983 2,381
Kantanshi Copperbelt 8,439 1,615
Kwacha Copperbelt 14,940 4,027
Luanshya Copperbelt 9,765 3,145
Kalulushi Copperbelt 11,371 4,040
Masaiti Copperbelt 2,565 3,461
Mpongwe Copperbelt 2,751 1,690
Mufulira Copperbelt 6,755 1,690
Nchanga Copperbelt 11,388 2,666
Ndola Central Copperbelt 12,610 4,662
Nkana Copperbelt 11,608 2,829
Wusakile Copperbelt 11,551 1,969
Roan Copperbelt 7,782 2,445
Lufwanyama Copperbelt - -
Kankoyo Copperbelt 8,439 1,615
203,864 61,543
Chadiza Eastern Province 2,927 2,391
Chipangali Eastern Province 4,673 1,750
Chasefu Eastern Province 5,001 1,974
Chipata Central Eastern Province 10,883 3,228
Chama North Eastern Province - -
Kapoche Eastern Province 4,713 1,115
Kasenengwa Eastern Province 5,336 2,616
Luangeni Eastern Province - -
Lumezi Eastern Province - -
Lundazi Eastern Province 8,779 2,972
Malambo Eastern Province 3,157 1,627
Mkaika Eastern Province 4,051 2,285
Msanzala Eastern Province - -
Nyimba Eastern Province 2,238 830
Petauke Central Eastern Province 2,069 489
Sinda Eastern Province 2,509 3,142
Vubwi Eastern Province 2,111 1,526
Chama South Eastern Province - -
Milanzi Eastern Province 3,441 1,471
61,888 27,416
Bahati Luapula Province 7,163 876
Bangweulu Luapula Province 7,472 848
Chembe Luapula Province 2,597 354
Chiengi Luapula Province - -
Chifunabuli Luapula Province 7,736 1,210
Nchelenge Luapula Province - -
Chipili Luapula Province 5,689 267
Kawambwa Luapula Province 5,233 374
Luapula Luapula Province - -
Mambilima Luapula Province 3,714 568
Mansa Central Luapula Province 10,631 1,278
Mwense Luapula Province 5,340 1,055
Pambashe Luapula Province 3,854 519
Mwansabombwe Luapula Province 4,548 421
63,977 7,770
Kafue Lusaka Province 7,758 8,108
Feira Lusaka Province 3,332 751
Chilanga Lusaka Province 4,376 6,102
Chongwe Lusaka Province 5,773 6,853
Rufunsa Lusaka Province - -
Chawama Lusaka Province 13,469 6,261
Kabwata Lusaka Province 19,704 10,069
Kanyama Lusaka Province 13,034 9,281
Lusaka Central Lusaka Province 15,077 9,190
Mandevu Lusaka Province 29,244 9,844
Matero Lusaka Province 28,056 9,127
Munali Lusaka Province 27,296 14,366
167,119 89,952
Chilubi Northern Province - -
Chinsali Northern Province 8,622 381
Isoka East Northern Province 5,114 1,031
Isoka West Northern Province - -
Kanchibiya Northern Province 1,686 284
Kaputa Northern Province 4,210 2,110
Kasama Northern Province 11,544 3,465
Lubansenshi Northern Province 5,216 939
Lukashya Northern Province 6,545 1,405
Lunte Northern Province - -
Lupososhi Northern Province 3,005 510
Malole Northern Province 10,509 1,528
Mbala Northern Province 2,586 549
Mfuwe Northern Province - -
Mporokoso Northern Province - -
Mpulungu Northern Province 8,151 2,015
Nakonde Northern Province 6,693 1,370
Senga Hill Northern Province - -
Shiwa Ng’andu Northern Province 3,954 262
Chimbamilonga Northern Province 4,175 1,533
Mpika Central Northern Province 7,204 572
89,214 17,954
Chavuma North-Western 900 7,000
Kabompo East North-Western 824 6,721
Kabompo West North-Western 528 6,504
Mufumbwe North-Western - -
Mwinilunga East North-Western 537 6,515
Mwinilunga West North-Western 881 18,001
Solwezi Central North-Western 4,219 14,737
Solwezi East North-Western - -
Solwezi West North-Western - -
Zambezi East North-Western 900 8,333
Zambezi West North-Western 888 1,600
Kasempa North-Western 622 9,486
10,299 78,897
Bweengwa Southern Province 79 10,487
Chikankata Southern Province 471 12,457
Choma Southern Province 2,139 21,921
Dundumwenzi Southern Province - -
Gwembe Southern Province - -
Itezhi-Tezhi Southern Province - -
Kalomo Central Southern Province 590 10,297
Mapatizya Southern Province 357 13,874
Katombola Southern Province - -
Livingstone Southern Province 8,352 19,125
Magoye Southern Province - -
Mazabuka Central Southern Province 3,092 14,801
Mbabala Southern Province 126 13,629
Monze Southern Province 1,097 21,385
Moomba Southern Province 100 8,276
Namwala Southern Province 440 17,151
Pemba Southern Province 203 13,338
Siavonga Southern Province 1,361 12,817
Sinazongwe Southern Province - -
18,407 189,558
Kalabo Central Western Province - -
Kaoma Central Western Province 912 4,886
Liuwa Western Province - -
Luampa Western Province 369 1,665
Luena Western Province 326 3,044
Lukulu West Western Province - -
Mongu Central Western Province 1,959 11,483
Nalikwanda Western Province - -
Nalolo Western Province - -
Senanga Western Province - -
Sesheke Western Province 566 5,103
Sikongo Western Province - -
Sinjembela Western Province - -
Mwandi Western Province 596 2,989
Lukulu East Western Province 1,293 5,708
Mulobezi Western Province 846 2,901
Mangango Western Province 1,017 3,260
7,884 41,039
 www.eliasmunshya.org
TOTAL 657,929 540,596

If you have to copy this table, please make an appropriate acknowledgement of the source. Just cite www.eliasmunshya.org and we will be happy. We do not guarantee the accuracy of these numbers. Final and official numbers will come from the Electoral Commission of Zambia. Some numbers are not final for constituencies – Munshya wa Munshya

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149 constituencies tabulated: My projection puts Lungu at 786,722 and Hichilema at 757,052

PF UPND
Chisamba Central 2,596 6,597
Chitambo Central 2,534 384
Kapiri Mposhi Central 7,869 8,160
Katuba Central 2,399 6,537
Keembe Central 2,586 9,043
Mkushi North Central 4,153 2,577
Mkushi South Central 2,182 1,734
Muchinga Central 1,384 456
Mumbwa Central 1,392 7,597
Mwembeshi Central 814 7,975
Serenje Central 3,940 839
Bwacha Central 8,182 2,682
Nangoma Central 542 7,783
Kabwe Central Central 11,763 4,957
52,336 67,321
Bwana Mkubwa Copperbelt 11,294 3,038
Chifubu Copperbelt 11,817 3,422
Chililabombwe Copperbelt 10,126 3,047
Chimwemwe Copperbelt 15,214 3,499
Chingola Copperbelt 11,750 5,846
Kabushi Copperbelt 12,475 2,762
Kafulafuta Copperbelt 2,241 1,961
Kamfinsa Copperbelt 8,983 2,381
Kantanshi Copperbelt 8,439 1,615
Kwacha Copperbelt 14,940 4,027
Luanshya Copperbelt 9,765 3,145
Kalulushi Copperbelt 11,371 4,040
Masaiti Copperbelt 2,565 3,461
Mpongwe Copperbelt 2,751 1,690
Mufulira Copperbelt 6,755 1,690
Nchanga Copperbelt 11,388 2,666
Ndola Central Copperbelt 12,610 4,662
Nkana Copperbelt 11,608 2,829
Wusakile Copperbelt 11,551 1,969
Roan Copperbelt 7,782 2,445
Lufwanyama Copperbelt 2,270 3,457
Kankoyo Copperbelt 5,226 1,271
202,921 64,923
Chadiza Eastern Province 2,927 2,391
Chipangali Eastern Province 4,673 1,750
Chasefu Eastern Province 5,001 1,974
Chipata Central Eastern Province 10,883 3,228
Chama North Eastern Province 3,615 676
Kapoche Eastern Province 4,713 1,115
Kasenengwa Eastern Province 5,336 2,616
Luangeni Eastern Province 5,151 1,716
Lumezi Eastern Province 3,056 1,116
Lundazi Eastern Province 8,779 2,972
Malambo Eastern Province 4,534 2,538
Mkaika Eastern Province 4,051 2,285
Msanzala Eastern Province 3,218 697
Nyimba Eastern Province 2,238 830
Petauke Central Eastern Province 10,346 1,202
Sinda Eastern Province 2,509 3,142
Vubwi Eastern Province 2,111 1,526
Chama South Eastern Province 2,801 908
Milanzi Eastern Province 3,441 1,471
89,383 34,153
Bahati Luapula Province 7,163 876
Bangweulu Luapula Province 7,472 848
Chembe Luapula Province 2,597 354
Chiengi Luapula Province 4,773 1,445
Chifunabuli Luapula Province 7,736 1,210
Nchelenge Luapula Province 9,112 952
Chipili Luapula Province 5,689 267
Kawambwa Luapula Province 5,233 374
Luapula Luapula Province 3,527 326
Mambilima Luapula Province 3,714 568
Mansa Central Luapula Province 10,631 1,278
Mwense Luapula Province 5,340 1,055
Pambashe Luapula Province 3,854 519
Mwansabombwe Luapula Province 4,548 421
81,389 10,493
Kafue Lusaka Province 7,758 8,108
Feira Lusaka Province 3,332 751
Chilanga Lusaka Province 4,376 6,102
Chongwe Lusaka Province 5,773 7,252
Rufunsa Lusaka Province 1,819 2,146
Chawama Lusaka Province 13,469 6,261
Kabwata Lusaka Province 19,704 10,069
Kanyama Lusaka Province 13,034 12,805
Lusaka Central Lusaka Province 15,077 9,190
Mandevu Lusaka Province 29,244 9,844
Matero Lusaka Province 28,056 9,127
Munali Lusaka Province 27,296 14,366
168,938 96,021
Chilubi Northern Province 8,100 2,400
Chinsali Northern Province 8,622 381
Isoka East Northern Province 4,614 992
Isoka West Northern Province 5,114 1,031
Kanchibiya Northern Province 4,527 488
Kaputa Northern Province 4,210 2,110
Kasama Northern Province 11,544 3,465
Lubansenshi Northern Province 5,216 939
Lukashya Northern Province 8,485 1,915
Lunte Northern Province 4,172 1,489
Lupososhi Northern Province 7,633 1,147
Malole Northern Province 13,466 1,873
Mbala Northern Province 6,727 1,430
Mfuwe Northern Province 3,102 144
Mporokoso Northern Province 4,315 683
Mpulungu Northern Province 8,151 2,015
Nakonde Northern Province 6,693 1,370
Senga Hill Northern Province 5,537 1,092
Shiwa Ng’andu Northern Province 6,228 222
Chimbamilonga Northern Province 4,175 1,533
Mpika Central Northern Province 7,204 572
137,835 27,291
Chavuma North-Western 792 4,898
Kabompo East North-Western 826 6,739
Kabompo West North-Western 520 6,307
Mufumbwe North-Western 1,200 8,400
Mwinilunga East North-Western 537 6,515
Mwinilunga West North-Western 822 19,152
Solwezi Central North-Western 4,219 14,737
Solwezi East North-Western 597 2,584
Solwezi West North-Western 618 9,312
Zambezi East North-Western 900 8,333
Zambezi West North-Western 888 1,600
Kasempa North-Western 622 9,486
12,541 98,063
Bweengwa Southern Province 105 12,593
Chikankata Southern Province 471 12,457
Choma Southern Province 2,139 21,921
Dundumwenzi Southern Province 83 14,181
Gwembe Southern Province 249 10,960
Itezhi-Tezhi Southern Province 788 7,069
Kalomo Central Southern Province 662 17,961
Mapatizya Southern Province 357 13,874
Katombola Southern Province 466 15,025
Livingstone Southern Province 8,352 19,125
Magoye Southern Province 428 11,734
Mazabuka Central Southern Province 3,092 14,801
Mbabala Southern Province 128 13,629
Monze Southern Province 1,097 21,385
Moomba Southern Province 100 8,276
Namwala Southern Province 440 17,151
Pemba Southern Province 203 13,338
Siavonga Southern Province 1,361 12,817
Sinazongwe Southern Province 1,103 17,942
21,624 276,239
Kalabo Central Western Province 1,271 6,495
Kaoma Central Western Province 912 4,886
Liuwa Western Province - -
Luampa Western Province 1,449 5,251
Luena Western Province 326 3,044
Lukulu West Western Province 876 7,163
Mongu Central Western Province 1,959 11,483
Nalikwanda Western Province 445 4,591
Nalolo Western Province 1,536 5,069
Senanga Western Province 754 5,861
Sesheke Western Province 566 5,103
Sikongo Western Province 4,194 1,207
Sinjembela Western Province 1,378 6,389
Mwandi Western Province 596 2,989
Lukulu East Western Province 1,293 5,708
Mulobezi Western Province 1,063 3,517
Mangango Western Province 1,137 3,792
19,755 82,548
TOTAL 786,722 757,052
29,670

If you have to copy this table, please make an appropriate acknowledgement of the source. Just cite www.eliasmunshya.org and we will be happy. We do not guarantee the accuracy of these numbers. Final and official numbers will come from the Electoral Commission of Zambia. Some numbers are not final for constituencies – Munshya wa Munshya Like me on Facebook and join me on twitter to continue the conversation. #ZambiaForward #OneZambiaOneNation #IfintuNiLungu #AleisaAleisa


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Eliasmunshya.org projects that Lungu wins Zambian elections: 784,263 for EL and 764,724 for HH

  • If you have to copy this table, please make an appropriate acknowledgement of the source. Just cite www.eliasmunshya.org and we will be happy.
  • We do not guarantee the accuracy of these numbers.
  • Final and official numbers will come from the Electoral Commission of Zambia. Some numbers may not be final for constituencies.
  • Use with caution. We are not responsible for your BP, heart attack or anything like that arising out of the use of these numbers.
  • Remember these are projections only, and more accurate numbers will come from the ECZ.
PF UPND
Chisamba Central 2,596 6,597
Chitambo Central 2,534 384
Kapiri Mposhi Central 7,869 8,160
Katuba Central 2,399 6,537
Keembe Central 2,586 9,043
Mkushi North Central 4,153 2,577
Mkushi South Central 2,182 1,734
Muchinga Central 1,384 456
Mumbwa Central 1,392 7,597
Mwembeshi Central 814 7,975
Serenje Central 3,940 839
Bwacha Central 8,182 2,682
Nangoma Central 542 7,783
Kabwe Central Central 11,763 4,957
 eliasmunshya.org 52,336 67,321
Bwana Mkubwa Copperbelt 11,294 3,038
Chifubu Copperbelt 11,817 3,422
Chililabombwe Copperbelt 10,126 3,047
Chimwemwe Copperbelt 15,214 3,499
Chingola Copperbelt 11,750 5,846
Kabushi Copperbelt 12,475 2,762
Kafulafuta Copperbelt 2,241 1,961
Kamfinsa Copperbelt 8,983 2,381
Kantanshi Copperbelt 8,439 1,615
Kwacha Copperbelt 14,940 4,027
Luanshya Copperbelt 9,765 3,145
Kalulushi Copperbelt 11,371 4,040
Masaiti Copperbelt 2,565 3,461
Mpongwe Copperbelt 2,751 1,690
Mufulira Copperbelt 6,755 1,690
Nchanga Copperbelt 11,388 2,666
Ndola Central Copperbelt 12,610 4,662
Nkana Copperbelt 11,608 2,829
Wusakile Copperbelt 11,551 1,969
Roan Copperbelt 7,782 2,445
Lufwanyama Copperbelt 2,270 3,457
Kankoyo Copperbelt 5,226 1,271
 eliasmunshya.org 202,921 64,923
Chadiza Eastern Province 2,927 2,391
Chipangali Eastern Province 4,673 1,750
Chasefu Eastern Province 5,001 1,974
Chipata Central Eastern Province 10,883 3,228
Chama North Eastern Province 3,615 676
Kapoche Eastern Province 4,713 1,115
Kasenengwa Eastern Province 5,336 2,616
Luangeni Eastern Province 5,151 1,716
Lumezi Eastern Province 3,056 1,116
Lundazi Eastern Province 8,779 2,972
Malambo Eastern Province 4,534 2,538
Mkaika Eastern Province 4,051 2,285
Msanzala Eastern Province 3,218 697
Nyimba Eastern Province 2,238 830
Petauke Central Eastern Province 10,346 1,202
Sinda Eastern Province 2,509 3,142
Vubwi Eastern Province 2,111 1,526
Chama South Eastern Province 2,801 908
Milanzi Eastern Province 3,441 1,471
 eliasmunshya.org 89,383 34,153
Bahati Luapula Province 7,163 876
Bangweulu Luapula Province 7,472 848
Chembe Luapula Province 2,597 354
Chiengi Luapula Province 4,773 1,445
Chifunabuli Luapula Province 7,736 1,210
Nchelenge Luapula Province 9,112 952
Chipili Luapula Province 5,689 267
Kawambwa Luapula Province 5,233 374
Luapula Luapula Province 3,527 326
Mambilima Luapula Province 3,714 568
Mansa Central Luapula Province 10,631 1,278
Mwense Luapula Province 5,340 1,055
Pambashe Luapula Province 3,854 519
Mwansabombwe Luapula Province 4,548 421
 eliasmunshya.org 81,389 10,493
Kafue Lusaka Province 7,758 8,108
Feira Lusaka Province 3,332 751
Chilanga Lusaka Province 4,376 6,102
Chongwe Lusaka Province 5,773 7,252
Rufunsa Lusaka Province 1,819 2,146
Chawama Lusaka Province 13,469 6,261
Kabwata Lusaka Province 19,704 10,069
Kanyama Lusaka Province 13,034 12,805
Lusaka Central Lusaka Province 15,077 9,190
Mandevu Lusaka Province 29,244 9,844
Matero Lusaka Province 28,056 9,127
Munali Lusaka Province 27,296 14,366
 eliasmunshya.org 168,938 96,021
Chilubi Northern Province 8,100 2,400
Chinsali Northern Province 8,622 381
Isoka East Northern Province 4,614 992
Isoka West Northern Province 5,114 1,031
Kanchibiya Northern Province 4,527 488
Kaputa Northern Province 4,210 2,110
Kasama Northern Province 11,544 3,465
Lubansenshi Northern Province 5,216 939
Lukashya Northern Province 8,485 1,915
Lunte Northern Province 4,172 1,489
Lupososhi Northern Province 7,633 1,147
Malole Northern Province 13,466 1,873
Mbala Northern Province 6,727 1,430
Mfuwe Northern Province 3,102 144
Mporokoso Northern Province 4,315 683
Mpulungu Northern Province 8,151 2,015
Nakonde Northern Province 6,693 1,370
Senga Hill Northern Province 5,537 1,092
Shiwa Ng’andu Northern Province 6,228 222
Chimbamilonga Northern Province 4,175 1,533
Mpika Central Northern Province 7,204 572
 eliasmunshya.org 137,835 27,291
Chavuma North-Western 792 4,898
Kabompo East North-Western 826 6,739
Kabompo West North-Western 520 6,307
Mufumbwe North-Western 1,200 8,400
Mwinilunga East North-Western 537 6,515
Mwinilunga West North-Western 822 19,152
Solwezi Central North-Western 4,219 14,737
Solwezi East North-Western 597 2,584
Solwezi West North-Western 618 9,312
Zambezi East North-Western 900 8,333
Zambezi West North-Western 888 1,600
Kasempa North-Western 622 9,486
 eliasmunshya.org 12,541 98,063
Bweengwa Southern Province 105 12,593
Chikankata Southern Province 471 12,457
Choma Southern Province 2,139 21,921
Dundumwenzi Southern Province 83 14,181
Gwembe Southern Province 249 10,960
Itezhi-Tezhi Southern Province 788 7,069
Kalomo Central Southern Province 662 17,961
Mapatizya Southern Province 357 13,874
Katombola Southern Province 466 15,025
Livingstone Southern Province 8,352 19,125
Magoye Southern Province 428 11,734
Mazabuka Central Southern Province 3,092 14,801
Mbabala Southern Province 128 13,629
Monze Southern Province 1,097 21,385
Moomba Southern Province 100 8,276
Namwala Southern Province 440 17,151
Pemba Southern Province 203 13,338
Siavonga Southern Province 1,361 12,817
Sinazongwe Southern Province 1,103 17,942
 eliasmunshya.org 21,624 276,239
Kalabo Central Western Province 1,271 6,495
Kaoma Central Western Province 912 4,886
Liuwa Western Province 528 4,685
Luampa Western Province 1,449 5,251
Luena Western Province 326 3,044
Lukulu West Western Province 876 7,163
Mongu Central Western Province 1,959 11,483
Nalikwanda Western Province 445 4,591
Nalolo Western Province 1,536 5,069
Senanga Western Province 754 5,861
Sesheke Western Province 566 5,103
Sikongo Western Province 1,207 4,194
Sinjembela Western Province 1,378 6,389
Mwandi Western Province 596 2,989
Lukulu East Western Province 1,293 5,708
Mulobezi Western Province 1,063 3,517
Mangango Western Province 1,137 3,792
 eliasmunshya.org 17,296 90,220
TOTAL 784,263 764,724
Difference 19,539

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My Tribe Is NOT Zambia: Erasure, tribalism and the challenge of national cohesion

E. Munshya, LLB, M.Div.

To help fight the scourge of tribalism in Zambia, some of our people are buying into several slogans in the hope that these slogans will help build some national cohesion. There is one particular slogan that I find patently problematic. This slogan states, “My tribe is Zambia”. The goal of using this slogan is to try and have the user know or convince others that they are above tribalism by emphasizing the fact that the only tribe that matters, should be the “tribe” called Zambia. I have a problem with such sloganeering, because it really does not help fight tribalism but could actually be used to perpetuate it.

It should be clear that Zambia is not a tribe and it was never meant to be a tribe. Rather it is a republic that is formed by people who belong to different tribes, persuasions and races. As such, there is no way that “Zambia” can fulfill a goal that it was never meant to fulfill in the first place. Zambia has not replaced our ethnic heritage; rather Zambia is a creation of people who already belonged to different ethnic groups. When we say that all these tribes do not really matter and all that matters is “Zambia” we are robbing our nationhood of a clear philosophical basis grounded upon the tribal diversity of this space we now call Zambia.

Stating, “my tribe is Zambia” has the potential of erasure. The most potent tool against tribalism is not erasure of tribes, but rather the respect for all tribes. That which we fail to do by respect of tribes cannot be achieved through contempt for those tribes. If we cannot respect Tongas and Lozis and Tumbukas, we do no service to the destiny of our country by trying to erase the experience of Tongas, Lozis, and Tumbukas. What we need in Zambia is acknowledgement and respect for the “Zambianness” of all tribes. The paramount assumption should be that all tribes contribute equally to the Zambian project. There is no tribe that contributes less to Zambia, but rather that all tribes are part and parcel of the Zambian venture. If we acknowledge that fact, it will lead all of us to a more respectful attitude towards the other. It will make us realise that on our own, we cannot make Zambia, Zambia. It takes the effort of all. And these “all” are the different tribes that make up our nation. It was not the intention of the Republic of Zambia to erase the reality of ethnic diversity, but rather the republic exists as a result of this ethnic diversity.

To fight tribalism in Zambia, we must also interrogate the assumptions exhibited by some of our people. Zambia is not a Bemba country to which they invited other tribes such as the Tongas or Lenjes. Zambia is a diverse nation to which all tribes contribute equally to its subsistence. As such, removing some tribes from national memory does not resolve the tribalism problem it just exacerbates it. All tribes must be visible and none should be assigned to the garbage bin of obliteration.

Zambians should listen to each other. We should listen to how various tribes are experiencing the Zambian promise. We should not shut each other up. If the Zambian project is not working for some of our people, it is time for us to listen to each other without judgment and without threats of “tribal” accusations. To listen to each other, we must draw the discourse from the urban centers of Lusaka and Ndola to the interior of Gwembe and Mapatizya. We should ask each other, do the people of Milenge and Mongu perceive the Zambian project in the same way? Before we accuse any tribe of being more tribal than our tribes, let us take the time to listen to each other. As such, let us take the 2015 elections as a way to begin conversations, not as a way to stop conversations. The people of Southern Province made their voices heard through the ballot, it is time to listen before we accuse.

Zambians should learn to respect each other’s tribes. Respect is predicated on numerous elements. Each of us should love our heritage. We should celebrate our traditions. We should feel free to speak our language and enjoy the intonation inherited from our forefathers. But after we have done that, we will realise how our own heritage is so inadequate to fully express the Zambian spirit. It is this humility that should push us to want to respect the heritage of others. By respecting the culture of others, we are becoming totally Zambian, as Zambia itself is best expressed by the respect we feel for the peoples that comprise its confines. Respect for others means, a Bemba person should have that humbling respect for a Goba and vice-versa. It also means that we take the time to acknowledge that the Zambian greatness lies not in ourselves alone but in the collective effort of all – the others and me. This can best be done in an environment that respects others and not the one that seeks to erase the other.

All political leaders in our country should be aware of the power of tribal balancing. Regardless of how technically astute a cabinet is, I would not support it if it only comprises people belonging to one tribe or region. If Chagwa Lungu dared to appoint an all Nsenga-cabinet, I would be the first one to protest against such an act. Through tribal balancing, you are acknowledging the strength of others and you are also showing our nation that you respect the other. Even God in the Bible asked Joshua and Moses to select 12 men, one from each tribe to perform specific tasks. God balanced tribe in Israel. If tribal balancing was good for Israel, it is surely good for our people.

President Kenneth Kaunda also realized the power of tribal balancing. He deliberately sought to appoint a diverse cabinet. Assuming that he was from Chinsali, he made sure that people belonging to other tribes held the positions of Prime Minister. This was a very powerful way of saying; the Zambian project truly belongs to all. Merit in that case, was clearly supplemented by a touch of balance. It cannot be on merit that which produces a board filled with Bembas alone!

We do misconstrue the One Zambia One Nation motto if we think that it means that “tribes” do not matter. The motto actually is an ideal way of saying that the Republic is a product of various peoples who come together to form it. Such an understanding of One Zambia One Nation, does not lead to erasure, it instead leads to a healthy respect for all. And it is this respect for the other that we all need as we navigate through the challenge of tribalism.

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This article appeared in the print edition of the Zambia Daily Nation on Friday, 30 January 2015.

Suggested citation: Munshya, E. (2015). “My tribe is not Zambia: erasure, tribalism and the challenge of national cohesion”. Elias Munshya Blog (www.eliasmunshya.org) (29 January 2015)


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No Creativity, No Imagination: My reflections on President Lungu’s cabinet

E. Munshya, LLB (Hons), M.Div.

For someone who took almost three weeks to announce the cabinet, it is rather surprising that this cabinet has very few surprises. Unprecedented in the history of our nation, Edgar Lungu becomes the first president to take 19 days to announce a full cabinet. What is equally unusual with Lungu is the fact that by the time he was taking his oath of office, he had already worked for about three years as a minister and as a Member of Parliament. So Edgar Lungu was much more familiar with more MPs than any of the previous presidents. Kenneth Kaunda had known and personally worked with most of the people he appointed as ministers in 1964, but he never took long to identify a cabinet. Chiluba had a fleeting personal knowledge of the MPs, and yet he appointed cabinet just a day after he assumed power. Mwanawasa appointed a full cabinet within days. He most certainly retained Chiluba’s ministers, but added a few individuals here and there. Rupiah Banda in 2008 also kept Mwanawasa’s cabinet but appointed a full cabinet just days after taking the oath. President Sata took slightly a week to form his team.

We can only speculate as to why Lungu took 19 days to form his full team. But looking at the ministers, it becomes quite apparent that the team offers nothing new. With the exception of a few faces, this team remains hugely uneventful.

By far, the most daring of these appointments is Chishimba Kambwili as Minister of Information. Kambwili has not fared very well in ministries that have to do with tact and diplomacy. His first job as Minister of Foreign Affairs in 2011 ended in disaster. His stint at Labour was equally uninspiring. During the run up to the elections late last-year, Kambwili stormed ZNBC studios to protest ZNBC’s editorial choice. This was when Kambwili was Team Guy Scott and not Team Edgar Lungu. It is quite surprising that President Lungu has found Kambwili suitable to take over this portfolio. The selection of Kambwili though might be sending a message that Lungu is willing to put a fighter at information who will dictate news and information for the 2016 election cycle. Kambwili has several strengths. He is a great organizer, having created the Team7500, which served as his own campaign team for Lungu in the just ended election. In addition, Kambwili has turned out to be good with social media. In fact, he used his page on Facebook to organize this Team7500. For sure, both the PF and its government would do with a good social media strategy in this age where news is being dictated by likes, tweets, hashtags and shares.

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Vincent Mwale - Youth and Sport

Vincent Mwale – Youth and Sport

Kambwili’s appointment is also quite ironic. During the PF squabbles, Kambwili was quite outspoken about his disapproval of Lungu and his team. In fact, the storming of ZNBC happened during that same time. On the other side of Team Lungu was Emmanuel Mwamba, a social media and public relations guru who castigated Kambwili for intimidating journalists at ZNBC. Many expected Mwamba to play some role in Lungu’s government with regard to information, news, or public relations. It is ironic that Lungu has completely sidelined Mwamba, but goes to appoint Kambwili as Information minister. This is the same Kambwili whose behavior towards journalists was anathema to Lungu’s PR team led by Mwamba.

Vincent Mwale has been a very consistent figure in MMD politics. It is rather startling that it has taken him over a decade to be recognised as Cabinet Minister material. He has been an MP under four of Zambia’s six presidents. It has taken Lungu to recognize his leadership abilities by appointing him Minister of Youth and Sport. This is quite a great choice. I just hope that Mwale will take his zeal to cabinet just like he worked tirelessly as chair of the public accounts committee of Zambia’s parliament.

Given Lubinda was almost certainly going to bounce back. As a cunning politician, he changed sides quickly when it became apparent that Lungu was going to be the PF’s nominee. He campaigned vigorously for Lungu and he has been rewarded with a strategic portfolio – Agriculture. He takes over from one of the most inefficient ministers in the history of Zambia. Lungu has done well to do away with Wilbur Simuusa.

Michael Kaingu has been appointed Minister of Education. In 2011 Sata merged this portfolio with higher education, science and vocational training. As such, it is a huge responsibility for Kaingu. This gentleman seems to be a hard worker and he is likely to do well at education. However, his role in the MMD squabbles creates a doubt in my mind as to his judgment and character.

Lungu stated at one point that he was going to split some ministries. It seems he has backpedaled. It doesn’t make sense to have one minister take care of Works, Supply, Communications and Transport. This ministry needed to be split. I just hope that the President will go ahead with plans and streamline this ministry. Yamfwa Mukanga is a good choice for this portfolio. Education, higher education, vocational training, and science is one other ministry that needs splitting.

The following portfolios should be merged: Gender, Traditional Affairs and Community Development. They take up too much space and could be better streamlined. From the address of President Lungu it appears Professor Nkandu Luo might not take up the Gender portfolio. If she declines, it will mark a remarkable fall for a woman who was the rising star in the PF government. Her fight with Bashi Lubemba has had an effect on her plummeting relevance.

This cabinet has six women out of 21. This makes it one of the least gender-balanced cabinets in our history. It is remarkable though that the Vice-President is a woman. It has about 9 Bemba-speaking members. This makes the Bemba-block the most powerful chunk in the cabinet. It has four Easterners and three from Barotseland. Even though it has about 50% Bemba representation, I have no issues with its tribal composition. The PF remains primarily a Bemba-speaking party.

Lungu has taken a very comfortable posture. He has not stretched nor challenged himself. He is a lawyer and it seems this has come through the choice of cabinet, bizarrely risk averse. He has fired almost all of the ministers that did not support him during the PF squabbles. He has taken an adversarial stand. This is a bit concerning to me. As president, Lungu needed to appear like the big man that he is by absorbing a few of the ministers from the camp that did not support him. It is woeful that Kapeya, Chenda, Simuusa and Sichinga have not been retained. We know Lungu is the boss, but appointing an “adversary” would have shown his true greatness. For now, Lungu took 19 days to come up with a cabinet that lacks both imagination and ingenuity. But it is too early to tell how this team will perform. I wish them all the best.

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Suggested Citation: Munshya, E. (2015). “No Creativity, No Imagination: My reflections on President Lungu’s cabinet.” Elias Munshya Blog (www.eliasmunshya.org). 12 February 2015


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Indecent Discretion: Why Nchito’s “nolle” defies both law and common sense

E. Munshya, LLB (Hons), M.Div.

As a constitutional democracy, our republic must be led and controlled by both the written constitution and the unwritten spirit of constitutionalism. It would be ridiculous for officers of the state to go on a rampage abusing their discretion simply because the text of the constitution so says. It is dangerous to read or apply the text of our constitution without regard to important principles that undergird it. It would be wanton recklessness for our people to do stuff simply because the constitution says so. It can never be justified to do injustice to another simply because the rote text of the constitution so says. Beyond the written text, we must adhere to common sense, common sense of justice and the call of sanity rationed by a command of justice.

There are a number of officers in our republic who have been given the sacred duty to exercise discretion for the good of our democracy. This is a sanctified calling. It is a huge responsibility. Discretion is not an opportunity for selfishness, nepotism and tribalism. For example, the Head of State has discretion to choose a cabinet of her choice from among the Members of Parliament. She also has been given the discretion and prerogative to elect 8 individuals who should become members of our national assembly. The Head of State also exercises numerable other prerogatives. Indeed for our democracy to work, prerogatives must be had. Cabinet ministers also exercise some prerogatives. In some cases, these prerogatives are quite wide and often ambiguous. The Attorney General does have powers and prerogatives within her jurisdiction and so does the Director of Public Prosecutions. When it comes to the Zambia Revenue Authority Act, the Commissioner General has the prerogative to alter, change or make exceptions to taxes imposed on individuals, companies or corporations. Wouldn’t it be offensive to common sense if the Commissioner-General used this prerogative to exempt her personal companies from paying duty? If the Commissioner-General can’t be allowed to abuse her discretion in that manner, how on earth did Bo Mutembo get the guts to believe that he could walk into our sacred chambers and stop the prosecution of a case involving his own alleged criminal activities?

The exercise of state power, discretion, and prerogative is not just limited to the texts that empower these individuals. The exercise of these prerogatives is tied to the spirit of the constitution and the rule of law under whose guidance the said texts predicate. Several principles undergird the exercise of the prerogatives or discretions of state power. The first principle predicates from the idea that any officer of the republic should exercise her powers to the furtherance of the interests of the republic. Second, any one exercising state prerogatives should recuse themselves, if the exercise of their prerogatives will directly impact on their personal interest. Now there is no law that should actually say so in order for this presumption to be valid. There are so many presumptions at law that we take without having to demand that they be written before they are valid. To demand that everything in law should be written first before it takes effect would be tantamount to threatening our democratic civilization itself.

Bo Nchito has been accused of heinous crimes against individuals and the state. That being the case, we must follow through the law and let the courts deal with these cases. If not for any other reason, it should be offensive to public morality for a DPP to enter a nolle in a case that involves his or her own alleged crimes. The letter of the text of the law has given powers to the DPP to discontinue prosecutions of any criminal matter. But the law never envisaged a situation where the DPP would discontinue a matter that involves her own alleged personal crimes. However, in the specific case of Mutembo Nchito, we all should be patient enough to hear what the Magistrate Court will finally rule on the matter.

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Nchito should stop hiding behind bombasa - Munshya wa Munshya

Nchito should stop hiding behind bombasa – Munshya wa Munshya

When people demand that Bo Mutembo should account for his alleged criminal activities, they should be taken seriously. Mutembo and his cartel did well to go beyond the business of running a law firm to the business of running airlines. Good for them, they diversified. However, we should be firm in our demand that those who want to run airlines, law chambers or mines should do so with a specter of integrity. Regardless of how many airplanes you acquire, if you are using stolen money, it cannot be good for the county. As we used to say in Chiwempala, “zimya neighbor” using “indalama isha kwiba” does not help in the long run. Here is what Bo Mutembo should do. Stop hiding behind the bombasa of nolle prosequi. We have had presidents in this country whose bombasa got stripped and they had to account for their alleged crimes. These presidents commanded our soldiers, ruled over the police, and all the million guns in our country quivered at their signature. What makes Bo Mutembo think that he could get away from the people’s process using a “nolle”? There have been great men and women in this country who have had their day in court. Bushe bena tabali bantu? What makes Mr. Zimya Neighbour think that he can get away with these allegations? The best way to beat these allegations is not by all this “nolle” nonsense, but rather by accounting to the people of Zambia. Zambians have some questions. Bushe indalama sha ndeke shali sha kwiba? What about the court judgment, did you falsify it? When you became DPP did you know that you had stolen “katundu” from the Zambian people? When trying to convict Chiluba and his friends, did you cook some evidence? These are some questions our people are asking. And it is only right that they get an answer even if that answer has to be whispered in court. Bo Mutembo, please save us the drama and take off that bombasa, tafiweme!

President Edgar Lungu is now Head of State. He should act quickly in matters that threaten national integrity. It is not right for His Excellency to ignore this matter when there is some evidence, at face value, that suggest some crimes may have been committed by the occupant of a constitutional office. President Lungu should not be ruling through “slow motion”. There are decisions in this country that must be made before making trips to Addis Ababa, Cape Town or Mfuwe. If he can’t act on this serious matter, we should all doubt his seriousness to fight corruption and rein in a cartel that went berserk dogging allegations of crimes, theft, and corruption.

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Suggested Citation: Munshya, E. (2015). “Indecent Discretion: Why Nchito’s “nolle” defies both law and common sense”. Elias Munshya Blog (www.eliasmunshya.org) February 2015


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Zimya Neighbour: When A Director of Public Prosecutions becomes a Director of Public Criminality

E. Munshya, LLB (Hons), M.Div.

The case is very familiar to many of us. But for the sake of clarity, we might need to restate its facts. In 2013, Rupiah Bwezani Banda was in court appearing for various charges under the Anti-Corruption Act. We need not mention that Banda is a former president of the republic who nevertheless had his bombasa removed by parliament. So sad that the current Director of Public Prosecutions (DPP) wants to hide in a bombasa stitched with “nolle”. In our constitution, those accused of crimes are presumed innocent until they are proven guilty by an impartial and competent tribunal. However, in spite of this legal presumption a newspaper owned by Mr. Fred M’membe, a member of the Zambian bar, continued to describe Mr. Banda as a thief or as corrupt while the trial was on-going. Such characterization led to Mr. Banda’s legal team applying before the magistrate court that Mr. M’membe and his newspaper be cited for contempt of court. Contempt of court is a criminal offence and is punishable by jail or a fine.

Mr. Banda’s lawyers applied that they be the ones to prosecute this matter. Their decision to do so made sense. It was their client who had been affected and our criminal procedure permits a party to commence a private prosecution. However, when Mr. Banda’s lawyers appeared in court to prosecute this matter, the DPP Mr. Mutembo Nchito took over the matter so that he could prosecute it himself. In our system of law, the constitution gives the DPP wide powers to decide both the operational and the policy side of prosecutions in Zambia. As far as private prosecutions are concerned, the DPP has the power to take over the matter, discontinue it or change some aspects of the prosecution. There is a reason why our laws allow the DPP to do so: that all prosecutionary power is reposed in at least one constitutional official. The only problem with Mr. Nchito’s action was that he is a personal friend and business partner of Mr. M’membe’s. Mr. Banda and his lawyers got concerned that while the DPP does have the legal power to assume the prosecution, he nevertheless was so close to the alleged contemnor, for him to ensure an effective prosecution. What is even stranger is that the DPP was going to prosecute Mr. M’membe who is his personal friend while Mr. M’membe himself uses the Nchito law firm as his lawyers. If this does not sound right, it definitely doesn’t smell right too. It is a matrix of confusion and a ticket for corruption. Mr. Banda’s lawyers took this matter to the High Court to ask the court to remove Mr. Nchito from prosecuting this matter due to the fact he was too close to Mr. M’membe.

Mr. Justice Chalwe Farai Mchenga issued a ruling just this week. It is a powerful ruling. It is ruling that helps to restore common sense in our criminal justice system that seems to be held hostage by the infamous cartel. It should be simple common sense for any one to note that Nchito cannot effectively prosecute M’membe. Teti fibombe. The only thing Nchito claimed was that he decided to take over the matter from Banda’s lawyers because “the law allows him to do so”. You do not make decisions simply because “the law allows” you to do so. This cartel seems to have no respect whatsoever for principles of equity, common sense, and the rule of law. Regardless of whether the law allows one to take over any matter, it should occur to any reasonable woman that a close friend couldn’t successfully prosecute her friends. You do not need article so and so or CAP ntwenu kane of the laws of Zambia. All you need is simple common sense. Obviously, Justice Mchenga pumped a little common sense into the matter and has removed Mr. Nchito from claiming to take over the matter from Mr. Banda’s lawyers. According to Mr. Justice Mchenga, Nchito is a business partner of Mr. M’membe and as such he cannot objectively prosecute this matter. Additionally, according to the honourable judge’s finding, Mr. Nchito could intervene in prosecutorial matters if the matter has reached the “public interest” threshold. Nchito was wrong at law to assume this matter because he used the wrong legal test. He used the “personal interest” test and not the “public interest” test. If I were to add something to the honorable judge’s words, I would say that Nchito’s interest might have been worth at least K14Billion. And it is to this K14 Billion I must now turn.

It is common knowledge that Bo Nchito and his friend Fred M’membe decided to diversify from running law firms and newspapers to running indeke. They became ba cenda mundeke. It was not enough to deal with legal clients they wanted to fly airplanes. Like I mentioned last week, there is nothing wrong with flying airplanes, but “zimya neighbor” with alleged stolen money is not good for the country. In our laws, a corporation is a legal person and can contract debts on its own. However, if directors of a corporation having known that their corporation is dead and yet they still go ahead to contract debt for the corporation in order to allegedly steal from the corporation, those directors cannot be protected by the law.

I am not in any way alleging that Nchito and M’membe used Zambia Airways to steal from the Zambian people, I am merely stating that according to some charges brought against Nchito recently, this could as well be a possibility. But we may never know until an impartial court decides on the matter. If this matter came up to trial the question will be simple: having regard to what the directors knew about the company, did they go on to contract K14 Billion debt from the Zambian people knowing full well that the money will not go to the corporation but to their pockets? If this cash went to their pockets with intent to keep it in their pockets and deceive the Development Bank of Zambia then there is a criminal case. For sure the Zambian people will not know the truth until the courts decide. However, before the courts get to hear this matter, the DPP Mr. Mutembo Nchito walked into the courtroom and entered a nolle prosequi just like he had decided to be the one to prosecute his friend in the Bwezani case. It seems to me that there is a pattern here, a pattern of thievery, corruption and confusion. This cartel seems to be using constitutional power to escape criminal liability for their alleged misdeeds. However, just as ruled by Mr. Justice Mchenga in the case of M’membe, I believe the same principles should be used in the case of Mr. Nchito’s nolle. An alleged criminal should not escape alleged liability by invoking to enter an alleged nolle thereby depriving the Zambian people some alleged truth about the alleged criminal whereabouts of their alleged K14 Billion. The DPP should save us the drama and help us escape the word “alleged”, so that we can come to the truth about Bwezani, Nchito, M’membe and the K14 Billion.

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Suggested Citation: Munshya, E. (2015) Zimya Neighbour: When A Director of Public Prosecutions becomes a Director of Public Criminality. Elias Munshya Blog. Available at (www.eliasmunshya.org) (11 March 2015)


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Lungu, Nchito, Illnesses the and the challenge of transparency

E. Munshya, LLB (Hons), M.Div.

The fact that events are identical does not necessarily mean that they are the same. This sounds rhetorical, doesn’t it? You cannot tell how the public will react to one thing by looking at the way they reacted when similar events happened. Similarly, you cannot predict the way the courts will rule simply because of the way they reacted a few years ago. Times do change and so do circumstances. In the changing of the circumstances, we must all praise the current President of our republic in the manner he has handled the affairs of his personal health. President Lungu collapsed on Sunday and was forthcoming about it. He did not try to conceal and neither did he run away “ku bwendo” to hide himself. He instead invited the press, the cameras and the columnists to answer their questions by his hospital bedside. What is really remarkable about that interview at Maina Soko Military Hospital is that the president identified with the concerns of the common man by expressing his desire to go “back home after the doctors release” him. We should all commend His Excellency for that. It only takes a few years for one to know that sickness and human frailty are a reality of human existence. Humans are mortal and they have time attached to their existence. Humans get sick and might need surgery and medical attention. As such, Zambians are concerned not by the leader getting sick, but rather by the secrecy that previously characterized presidential illnesses. When President Mwanawasa was obviously incapacitated in London, the then Vice-President Lupando Mwape Katoloshi quipped that Levy was healthy and was in fact “jogging in London”. Mr. Katoloshi’s answer infuriated then opposition leader Michael Chilufya Sata who asserted that “ubu lwele bwa Mfumu litensha chalo”.

In 2013, when it became all but obvious that President Sata was clearly incapacitated, Zambians were met by the insolence of silence and the harm of denial. The official State House George Chellah line was deny, deny and then deny some more. Such behavior was barbaric. Mr. Brebner Changala went to the extent of asking the cabinet and the courts to try and have a tribunal constituted to probe the health status of the then president. This was completely unnecessary had State House been more transparent and forthcoming about the condition of the late president. But all these good efforts were recompensed by repeated spite and injury. Indeed, for those who followed the illnesses of the late president, we were more concerned at the unrealistic denials than we were at the fact that President Sata was in fact sick. We all knew that on this side of heaven, we are all mortals on a pilgrimage. That being the case, the head of state and those close to him must be more forthcoming by opening up about illness and the course of treatment being followed. It was ridiculously foolish to parade a sick man and cover that injury with plastic smiles. This is the more reason why when the widow wanted to succeed her late husband questions were asked, about that huge smirk in parliament.

Again, we must commend Lungu for giving us information straightforward and for showing “ipompo” on his forehead coming from his alleged collapse. We also must commend him for releasing data quickly about what doctors suspected to have been the cause of the health scare: malaria, fatigue or most probably achalasia. This achalasia we are told is a recurring medical condition that was treated thirty years ago. Lungu’s actions inspire confidence, and I have no doubt that if he were to become incapacitated he would be willing to give up power.

Shortly before leaving for Johannesburg for medical tests and treatment, President Lungu suspended Mr. Mutembo Nchito the Director of Public Prosecutions. For his part, Bo Mutembo was swift to obtain “an injunction”, or is it a “stay”, against the tribunal. In his mind Bo Mutembo is probably thinking that this tribunal should be stopped just like judges Mutuna and Kajimanga succeeded in stopping the Chikopa tribunal. We await how Judge Chitabo will handle this matter when it comes up for inter-partes hearing on March 23, but my gut feeling is that Bo Mutembo will not get away that easily. The case of the judges is quite different from the present case. I know there are some people who are trying to fault Judge Chitabo. The judge is just trying to do his job.

Ultimately though, justice will prevail and Bo Mutembo will have to account to the people of Zambia about his alleged criminal activities. Nchito was ever so zealous to prosecute others, but when the time comes for him, he wants to stop his prosecution by any means possible. Well, it will not work this time around. Without the bombasa of a nolle prosequi, Bo Mutembo should be prepared to appear before Justices Silungwe, Ngulube and Chirwa as they probe his conduct as a DPP. Crime does not pay and neither does bombasa. It is good to be proud of your station in life and enjoy the little you have with joy than try to live large on the basis of theft, arrogance and pride. A humble lawyer’s chamber with joy is so much more desirable than running an airline with alleged stolen dough. It is a pity that a man credited with a fight against corruption has himself found himself in a wave of a very complicated matrices of plunder aimed at shielding himself, his friends and the infamous cartel. The law is finally catching up with him like it has always done with the many others. For now, however, we wish President Lungu a quick recovery and may God help restore his health. Leading this nation might mean making very difficult decisions such as the one to do with suspending Nchito. He had to be suspended though, with achalasia or not.


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Same or Different?: Contrasting the Mutuna Tribunal with the Nchito Tribunal

E. Munshya, LLB (Hons), M.Div.

When President Sata established the Chikopa Tribunal to probe the conduct of Judge Mutuna and Judge Kajimanga, I vehemently objected to that action. My reasons for objecting were provided in the article published by the Daily Nation Newspaper and the http://www.eliasmunshya.org blog. I supported Justice Fulgence Chisanga when she stayed President Sata’s decision. This case, will be referred to as Mutuna I, and should not be confused with the other Mutuna case, which was heard by Justice Siavwapa. Justice Siavwapa has since issued his ruling in the Mutuna II case. In this article, I will not dwell on the Mutuna II case. Suffice here to mention that Mutuna II might be under appeal as the Attorney General has objected to the holding of Mr. Justice Siavwapa. Indeed, as and when the case of “Mutuna I” is overruled by the Supreme Court of Zambia, it remains good law. Justice Siavwapa needed to follow Mutuna I when he ruled for Judges Mutuna and Kajimanga in Mutuna II. But we should return to this case another day.

The Mutuna I case ended up in the Supreme Court of Zambia, where Acting Chief Justice Lombe Chibesakunda and her majority held that the President of Zambia does have unfettered powers under the constitution to suspend judges and establish a tribunal to probe their conduct (Article 98). It is this holding that I found quite offensive to say the least. At that time, I held and still do hold that the President of our republic, while being the Executive Head of our nation can not, or perhaps should not, have unfettered discretion or powers to suspend judges based on “information” that he alone receives (see Mutuna and others v. Attorney General, [2013]). The chief reason why the President shouldn’t be given all this power is because of our constitutional doctrines of “separation of powers” and “judicial independence”. The power of the president to establish a tribunal to probe judges must be balanced by the doctrine of judicial independence so that the president is estopped from establishing tribunals in ways that erode this doctrine. This was the issue that the application (or trial) judge Madam Fulgence Chisanga had to resolve. There was no question about whether the President has the power to suspend the judges (Article 98 of the Constitution of Zambia), but rather how we must balance that power with the doctrine of judicial independence (Article 91 of the Constitution). So the issue was about whether we needed to use the Judicial Complaints Authority to deal with the Mutuna and Kajimanga complaints first in keeping with Article 91 before we use the President’s power in Article 98. Justice Chisanga gave a stay of proceedings and set a hearing date into these issues. However, the Supreme Court who stated that the President’s power to suspend and appoint a tribunal is sacrosanct overruled her. Even if I disagreed with the Supreme Court’s ruling, I still respect it as part of our present constitutional law.

Having regard to this background information about the Mutuna I case, can we say the same about the recent tribunal established to probe Mr. Mutembo Nchito? Mr. Nchito, after learning that he had been suspended by the President, rushed to the High Court to obtain a stay of proceedings of the tribunal. Justice Chitabo granted the stay and set the hearing date. It was only after the intervention of the Attorney General that Justice Chitabo reversed himself and quashed his stay. It appears that Mr. Nchito wanted to use the strategy and the arguments that Judge Mutuna and others had used. But the problems I find is that the two cases are quite different. In fact, the two cases are very dissimilar. What was at issue with Mutuna I was the “independence of the judiciary” from executive interference. The objection was reasonable, the president should not be seen to be interfering with the judiciary when the constitution has Article 91, which prescribes the route to be taken when dealing with an erring judicial officer. Regardless of how Mr. Nchito holds himself to be, with regard to the position of the Director of Public Prosecutions, our constitution does not provide that office with any elaborate way for dealing with complaints against the office of DPP. As such, while the DPP does have the security of tenure, she shouldn’t have the security against presidential suspension. There is no other doctrine upon which the DPP could challenge a presidential suspension or tribunal. The doctrine of separation of powers, applies to the judges, but it does not and cannot apply to the Director of Public of Prosecutions since the DPP is only but an arm of the administrative state. The DPP is an arm of the Executive and belongs to the Executive, there is no way a holder of that office should impose upon itself the doctrinal protections afforded only to the judiciary.

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Nchito should stop hiding behind bombasa - Munshya wa Munshya

Nchito should stop hiding behind bombasa – Munshya wa Munshya

In fact taking this matter further, I find it quite anomalous that the Zambian constitution affords the DPP security of tenure. In many ways security of tenure has everything to do with shielding certain government officials from direct political accountability. Judges for an example do have security of tenure and consequently have no direct political accountability. However, all officers of the administrative state should not have any security of tenure because security of tenure has the potential to amputate such officers from the process of political accountability. The role of the DPP is to carry out prosecutions on behalf of the “people”. Isn’t it ridiculous that for the same people to remove this officer they must jump too many hoops? The role of Attorney General in fact has a larger public interest role than the DPP and yet she has no security of tenure under our constitution, why should the DPP have it? It is this limited security of tenure that made Bo Mutembo to make some decisions that went against common sense and the rule of law. Why wouldn’t he not issue a nolle in his own case if to remove him from office, we must first move mountains? Justice Chitabo was right to reverse himself over the matter. Mutembo should be able to appear before the tribunal and account for the serious allegations of unethical behavior and most probably crimes.


Filed under: Zambian Law, Zambian Politics Tagged: Mutembo Nchito, Nigel Mutuna Image may be NSFW.
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