STATEMENT ON THE UNNECESSARY BY-ELECTIONS IN ZAMBIA AND THE RECENTLY
PASSED SUPREME COURT JUDGMENT ON THE JUDGE LOVEMORE CHIKOPA TRIBUNAL, RISING
COMMODITY PRICES ISSUED AT FODEP HOUSE ON THURSDAY, 16TH MAY, 2013
AT 10HRS
MEMBERS OF
THE PRESS, FELLOW CIVIL SOCIETY ORGANISATIONS
LADIES AND
GENTLEMEN, THANK YOU FOR YOUR SUPPORT AND CONTINUED CONFIDENCE IN THE WORK OF
CIVIL SOCIETY ORGANISATIONS IN THIS COUNTRY. WITHOUT WHICH SUPPORT, CIVIL
SOCIETY WOULD NOT BE THE WAY THEY ARE TODAY.
WE THOUGHT AS
CIVIL SOCIETY BOTH IN ELECTIONS AND GOVERNANCE, THE NEED TO COLLECTIVELY MAKE
OUR POSITION KNOWN TO THE NATION ON THE ISSUES OF UNENDING AND UNNECESSARY
BY-ELECTIONS AND THE LOVEMORE CHIKOPA TRIBUNAL JUDGEMENT BY THE SUPREME COURT.
1.0 UNNCESSARY AND
COSTLY BY-ELECTIONS IN ZAMBIA
LADIES AND GENTLEMEN, THE COUNTRY HAS WITNESSED AN INCREASED
SURGE IN THE NUMBER OF BY-ELECTIONS IN THE RECENT TIMES AS A RESULT OF, MAINLY,
DEFECTIONS FROM THE OPPOSITION ESPECIALLY MMD TO THE RULING PATRIOTIC FRONT
(PF). THESE BY ELECTIONS ARE PROVING TOO COSTLY AND UNNECESSARY IN THE SENSE
THAT THE DEFECTING MPs ARE SHOWING SOME LEVELS OF IMPATIENCE TO WAIT FOR THE DISSOLUTION
OF PARLIAMENT IN READINESS FOR THE 2016 ELECTIONS
LADIES AND GENTLEMEN, BECAUSE OF SOME LEGAL CONSTITUTIONAL LUCUNA, THIS HAS
ENCOURAGED THE WEAKLINGS AND LUXURY SEEKERS FROM DEFECTING AND CONSEQUENTLY
CAUSING UNNCESSARY AND COSTLY BY-ELECTIONS ESPECIALLY THAT ACROSS THE BRIDGE,
LUXURY IS ABOUND AND SINNERS ARE FORGIVEN AND THEIR SINS FORGOTTEN ALMOST
IMMEDIATELY.
WITHOUT A LEGAL PROVISION TO STOP THE DEFECTIONS, THE ONLY
ARGUMENT REMAINING IS A MORAL ONE. WE THEREFORE APPEAL TO THE APPOINTING
AUTHORITY AND THE ELECTED MPs TO APPEAL TO THEIR MORAL CONSCIENCE AND STOP THIS
ROT. LET US INVEST THE SO CALLED BUDGETED
FOR FUNDS FOR BY-ELECTIONS IN PRODUCTIVE
SECTORS SUCH AS AGRICULTURE OR CONTINUE TO OFFER SUBSIDIES IN THE ENERGY AND
AGRICULTURAL SECTOR TO AVOID INCREMENTS IN FUEL PRICES AND CONSEQUENTLY
TRANSPORT COSTS WHICH IS NOW GENERATING RIPPLE EFFECTS ON THE PRICES OF ALMOST
EVERYTHING.
MORE ANNOYING IS THAT SOME OF THE DEFECTORS ARE DOING SO
DESPITE BEING ACCORDED A CHANCE BY THEIR POLITICAL PARTIES TO SERVE AS DEPUTY MINISTERS
IN THE CURRENT GOVERNMENT. THE QUESTION ONE ASKS ONESELF IS, WHAT ARE THEY
AFTER? DID THEY JUST WANT TO HEAP BLAME ON THEIR PARTIES HAD THEY EXPELLED
THEM? WE DEMAND POLITICAL MORALITY AND
CONSIDERATION OF THE POOR IN EVERYTHING OUR LEADERS DO. THE MONIES THAT ARE
BEING WASTED ON THESE UNNCESSARY BY-ELECTIONS WOULD HAVE BEEN USED TO CUSHION
THE IMPACT OF THE RISING PRICES OF MEALIE-MEAL, FUEL, CEMENT AND OTHER
COMMODITIES WHICH WOULD SOON MAKE THE LIVES OF ORDINARY MAJORITY ZAMBIANS UNBEARABLE.
AS WE SPEAK NOW THE COST OF 25KG BAG OF MEALIE-MEAL IN ZAMBEZI DISTRICT IS
ZMKR85 WHILE CEMENT IS AT ZMK70. THIS IS BEFORE THE SUBSIDIES WERE REMOVED. WHAT
TYPE OF COUNTRY ARE WE TRYING TO BUILD? CAN’T THIS MONEY ON BY-ELECTION BE USED
FOR BUILDING OF SCHOOLS AND HOSPITALS? IS IT ONLY MONEY FROM FUEL AND
AGRICULTURAL SUBSIDIES THAT COULD BE USED FOR THE BUILDING OF SCHOOLS AND
HOSPITALS? COUNTRYMEN AND WOMEN, TIME TO STAND UP AND STOP THIS GREEDINESS AND
IMMORALITY FROM OUR LEADERS IS NOW.
CSOS ARE FURTHER
DISMAYED THAT THE PF HAS NOT YET ACTUALISED ITS CAMPAIGN PROMISE OF PRINTING
BALLOT PAPERS WITHIN THE COUNTRY. OTHERWISE THE COST OF PRINTING INDIVIDUAL
CONSTITUENCY BALLOT PAPERS ESPECIALLY THAT BALLOT PAPERS ARE STILL BEING PRINTED
FROM THE UNITED KINGDOM. THIS THEN UNDERSCORES THE PF’S PROMISE ENSUING THEIR
VICTORY IN 2011 TRIPARTITE ELECTIONS AND THE CHONGWE, NAKONDE AND MAGOYE
BY-ELECTIONS THAT THEY WERE THE LAST ELECTIONS TO HAVE BALLOT PAPERS PRINTED
OUTSIDE THE COUNTRY. HOWEVER, GOVERNMENT HAS NOT COMMUNICATED ITS CHALLENGE TO
REALISE THIS ENTICING DREAM AND PROMISE. WE THEREFORE, APPEAL TO THE GOVERNMENT
THROUGH THE MINISTRY OF WORKS, SUPPLY, TRANSPORT AND COMMUNICATION TO QUICKLY
REALISE THIS DREAM TO SAVE THE COUNTRY OF THE MUCH NEEDED FOREIGN EXCHANGE AND
CREATE MORE JOBS FOR THE ZAMBIAN PEOPLE.
AS CSOs, WE ARE GOING TO DE-CAMPAIGN ALL THOSE MPS WHO HAVE
DECIDED TO CAUSE BY-ELECTION ON PRETEXT OF BRINGING DEVELOPMENT IN THEIR
RESPECTIVE AREAS DESPITE HAVING FAILED IN THE PAST IN THE EVENT THAT THESE
GREED MPs ARE ADOPTED BY THE PF. THERE IS NEED TO TEACH NOT ONLY THEM LESSONS
BUT EVEN WOULD BE DEFECTORS IN THE NEAR FUTURE.
AT THIS JUNCTURE WE APPEAL TO THE ELECTORATE IN FEIRA, SOLWEZI EAST,
KAFULAFUTA AND MKUSHI NORTH TO CRITICALLY RECONSIDER ANY THOUGHTS OF VOTING ANY
OF THE DEFECTORS AGAIN INTO PARLIAMENT OR COUNCIL. THE CONTINUED DEFECTIONS ARE
CONTRIBUTING TO VOTER APATHY DUE TO VOTER FATIGUE AS EVIDENCED IN
KAPIRI-MPOSHI, MPONGWE AND LIVINGSTONE WHERE LESS THAN 20% OF THE REGISTERED
VOTERS PARTICIPATED IN THE ELECTIONS. IF THIS APATHY CONTINUES TO CHARACTERISE
THE BY-ELECTIONS, THEN ZAMBIA’S ELECTORAL DEMOCRACY IS AT STAKE.
1.1 THE JUDGE LOVEMORE
CHIKOPA TRIBUNAL
LADIES AND GENTLEMEN, WE HAVE ALWAYS RESPECTED THE COURT
DECISIONS, BUT ON THIS ONE WE LISTENED AND READ PART OF THE JUDGMENT FROM THE
SUPREME COURT REGARDING THE APPEAL BY THE STATE ON THE HIGH COURT RULING
STOPPING THE TRIBUNAL FROM SITTING.
ALTHOUGH GOVERNMENT WAITED FOR THE OUTCOME OF THE TRIBUNAL FOR ABOUT A
YEAR SOMETHING THAT HAS BEEN CONSTRUED AS RESPECT FOR THE RULE OF LAW AND THE
PRINCIPLE OF THE SEPARATION OF POWERS AMONG AND BETWEEN THE THREE ARMS OF
GOVERNMENT, THE UNDERTONES WERE CLEAR THAT GOVERNMENT WAS DETERMINED, COME RAIN
OR SUNSHINE, TO PROCEED WITH IT. THIS WAS DEMONSTRATED BY THE CONTINUED STAY OF
THE TRIBUNAL CHAIRPERSON JUDGE LOVEMORE CHIKOPA FROM MALAWI IN THE COUNTRY AT
THE CARE AND SUPPORT OF THE GOVERNMENT DESPITE NUMEROUS CALLS FROM ZAMBIANS AND
OTHER INTEREST GROUPS TO ALLOW HIM RETURN TO HIS HOME COUNTRY WHICH IS A STONE THROW
AWAY FROM LUSAKA.
YOU RECALL LADIES AND GENTLEMEN THAT GOVERNMENT ARGUED THAT
JUDGE CHIKOPA COULD NOT GO BACK BECAUSE “HE STILL HAD WORK TO DO IN ZAMBIA.”
THE MAN LITERARY AND SHAMELESSLY STAYED IN THE COUNTRY AT THE EXPENSE OF THE
ZAMBIAN TAXPAYERS’ MONEY BECAUSE, ASSUMABLY, THE STATE WAS ALREADY AWARE THE
DIRECTION OF THE SUPREME COURT RULING.
SO IT WAS NOT SURPRISING NEITHER WAS IT SHOCKING TO HEAR THE RULING
GOING TO THE STATE’S FAVOUR AND THE IMMEDIATE LOUD REACTIONS FROM THE
GOVERNMENT CORRIDORS THAT NOW THE TRIBUNAL WOULD START SITTING ALMOST IMMEDIATELY.
ALREADY MEDIA ADVERTS ARE FLYING AROUND ASKING THE MEDIA TO ACCREDIT THEMSELVES
TO COVER THE SITTINGS OF THE TRIBUNAL. THIS SHOWS HOW DESPERATE THE STATE WAS AND
STILL IS ON THIS MATTER.
LADIES AND GENTLEMEN, THE DELAYED DECISION BY THE SUPREME
COURT ON THE MATTER AND THE FACT THAT MOST OF THOSE WHO RULED IN FAVOUR OF THE
TRIBUNAL PROCEEDING ARE RETIRED JUDGES ON CONTRACT GIVES YOU AN INDICATION WHY
THE RULING HAD TO GO THAT WAY. INSTEAD
OF THE COURT JUST GIVING A LEGAL INTERPRETATION, IT DECIDED TO ALSO OFFER
COUNSEL TO THE STATE NOT TO PROCEED WITH THE TRIBUNAL BUT USE OTHER AVENUES
AVAILABLE. THIS IS EXTREMELY SAD. IT IS LIKE THE COURT WAS TRYING TO IMPRESS THEIR FELLOW JUDGES AND ALSO THE CONTRACTING
AUTHORITIES. THS JUDGEMENT IS NOT ONLY A SOURCE OF WORRY TO US BUT ALSO AN
ASSULT ON THE JUDICIARY AND JUSTICE SYSTEM AND A DRAW BACK ON THE MUCH SUNG
ABOUT JUDICIAL REFORMS).
WE THEREFORE WISH TO STATE THAT THE OUTCOME OF THE TRIBUNAL
WAS PRE-DETERMINED AND PRE-MEDITATED HENCE ITS OUTCOME HAVING LITTLE RESPECT
FROM MOST INTEREST GROUPS. WE ALSO FEAR THAT THE FINAL DETERMINATION OF THE
CASE BY A TRIBUNAL WHOSE CHAIRPERSON IS ALREADY ENJOYING GOVERNMENT LUXURIES. IN OTHER WORDS, WE OBSERVE THAT JUDGE CHIKOPA
IS HIGHLY COMPROMISED TO HEAD A TRIBUNAL ON THE JUDGES THAT ARE BEING PUT ON
THE SPOT BY THE GOVERNMENT AND THOSE WHO WANT THEM PROSECUTED AND PAY FOR THEIR
ALLEGED SINS. WHERE ARE ZAMBIANS GOING TO RUN TO NOW? STATE
IS EXTENDING ITS TENTATICLES TO ALMOST ALL SPHERES OF LIFE, BE IT TRADITIONAL
LEADERSHIP, NATIONAL ASSEMBLY AND NOW THE JUDICIARY. THIS RULING ALONE HAS SET
A PRECEDENT THAT EVERY ZAMBIAN AGGRIEVED WOULD BE RUNNING TO THE PRESIDENT WHO
WILL LATER CONSTITUTE A TRIBUNAL. THEREFORE, THE EXISTENCE OF JUDICIAL
COMPLAINT AUTHORITY HAS BEEN RENDERED IRRELEVANT. WE END BY URGING THE CHIKOPA
LED TRIBUNAL THAT DESPITE THE FLAWED PROCESS, WE HOPE THAT THE COURSE OF
NATURAL JUSTICE CONSEQUENTLY PREVAILS IN THIS MATTER.
1.2 SKYROCKETING PRICES
OF COMMODITIES
LADIES AND GENTLEMEN, AS CONCERNED CSOs WITH THE EVER INCREASING
PRICESES OF ESSENTIAL COMMODITIES IN THE COUNTRY, WE ARE HERE TODAY GATHERED TO
EXPRESS OUR UTMOST DISAPPOINTMENT ON GOVERNMENT FOR UNILATERALLY REMOVING
SUDSIDIES WITHOUT PRIOR CONSULTATIONS WITH STAKEHOLDERS SUCH AS MANUFACTURERS
ASSOCIATIONS OF ZAMBIA, MILLERS ASSOCIATION OF ZAMBIA, COMMUTERS ASSOCIATION OF
ZAMBIA ETC AND THE RIPPLE EFFECT OF SUCH UNILATERAL DECISION IS NOW CLEAR TO
ALL. NO AMOUNT THE REMOVAL OF SUBSIDIES ON FUEL AND AGRICULTURAL COMMODITIES IS
NOW CREATING CHALLENGES IN MANY PEOPLE’S LIVES. AS SOME PEOPLE HAVE ARGUED,
CLEARLY, ZAMBIA HAS JUST MADE ITSELF NON-COMPETITIVE IN THE REGION AND WE
SHOULD EXPECT OUR INDUSTRIES TO GRIND TO HALT AND OUR TRADERS TO FILL IN THE
GAP AS WE IMPORT FROM OUR CHEAPER NEIGHBOURS. ACTUALLY, THE ENTIRE SNDP -
MINING, AGRIC., TOURISM, MANUFACTURING, AND SERVICES SECTORS ARE ALL
UNDER THREAT.EVEN THE MUCH TALKED ABOUT MINIMUM WAGE HAS ALREADY LOST MEANING
AS ITS VALUE HAS BEEN ERODED. THE POOR
WHO USED TO HAVE A MEAL A DAY ARE NOW UNABLE TO MANAGE THAT MEAL.
1.3 CONCLUSION
AFTER A DEEP REFLECTION AND IN EXERCISE OF OUR FUNDAMENTAL
CONSTITUTIONAL FREEDOMS AND RIGHTS, WE HAVE DECIDED TO DECLARE EVERY FRIDAY A
BLACK FRIDAY WHERE ALL CONCERNED CITIZENS SHOULD PUT ON A BLACK ATTIRE STARTING
TOMORROW TO AS AN EXPRESSION OF DISPEASURE AND SYMPATHY TO MANY POOR ZAMBIAN
NOW AFFECTED WITH THIS INCREMENT IN COMMODITY PRICESS. OUR UNSOLICITED ADVICE
TO GOVERNMENT IS TO QUICKLY ARREST THIS SITUATION BEFORE IT IS OUT OF CONTROL.
WE DON’T WANT TO SEE THE REPEAT OF UNIP DAYS OF COMMODITY SHORTAGES AND
PROTESTS. ACCUSING THOSE RAISING THESE ISSUES AS ARMCHAIR CRITICS BY STATE
HOUSE IS NOT A SOLUTION.
AS CSOS WE ARE DEMANDING THAT THE SUBSIDES ON FUEL AND MAIZE
BE BROUGHT BACK WITHIN 7 DAYS FAILURE TO WHICH WE SHALL CONDUCT COUNTRYWIDE
DEMONSTRATIONS.
CRY THE BELOVED COUNTRY,
ZAMBIA.
LADIES AND GENTLEMENT, I
THANK YOU.
ON BEHALF OF:
1.
FOUNDATION FOR
DEMOCRACTIC PROCESS (FODEP)
2.
ANTI VOTER APATHY
PROJECT (AVAP)
3.
CHIKONDI
FOUNDATION
4.
SOUTHERN AFRICAN
CENTRE FOR THE CONSTRUCTIVE RESOLUTION OF DISPUTES (SACCORD)
5.
OPERATION YOUNG
VOTE (OVY)
6.
ZAMBIA NATIONAL
WOMEN’S LOBBY (ZNWL)
7.
ZAMBIA CONGRESS OF
TRADE UNION (ZCTU)
8.
2410 ORGANISATION
9.
YOUNG AFRICAN
LEADERS INITIATIVE (YALI)
10. ZAMBIA CENTRE FOR INTERPARTY DIALOGUE
11.
YOUNG AFRICAN LEADERS
INITIATIVE (YALI)ZAMBIA FEDERATION OF THE
DISABLED ORGANISATION (ZAFOD)
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