In a dramatic court judgment that most
people had not anticipated, former MMD president Rupiah Banda was acquitted of
the Nigerian oil deal case on the grounds that the state failed to prove a case
against him.
When delivering judgment the Ndola magistrate stated that the state lack enough
evidence against Banda, who was alleged to had facilitated a contract t o
import oil from Nigeria
in 2009, in which the Zambian government was swindled of £2.6m.
The political legacy of the late president
Sata has been dealt a severe blow in the sense that it was Sata who had
instructed the anti-corruption to investigate Banda in 2012. This followed the
removal of his presidential or political immunity by the public prosecutor
Mutembo Nchito.
The dismissal of Nchito by President Edgar
Lungu has now paid its dividends in the sense that Banda supported and
campaigned for Lungu during the January 30th presidential by-elections.
The extent to which Lungu has gone in
incorporating corrupt elements in the ruling party is alarming if not self
vindictive.
It is quite evident that when Sata died in London he had not groomed
a political leader to succeed him. The vacuum of political leadership in the PF
came to reveal itself after the death of the president in 2014. the political
crisis was instigated by the Attorney-General Musa Mwenye when he appointed
Vice-President Guy Scott to serve as acting president when he left Zambia
for medical treatment abroad in September 2014.
President Lungu’s rise to political
eminence was rapid within the PF – he was appointed as minister of defence when
the former PF Kasama central member of parliament resigned in 2013. In 2014
Lungu was appointed as acting minister of justice and PF secretary-general,
when Sata had dismissed Wynter Kabimba. He was appointed as acting president
when Sata left for his medical treatment abroad.
The appointment of vice-president Guy Scott
to serve as acting president was made under constitutional law, which
stipulates that the Attorney General reserves the right to appoint a serving
vice-president to serve as acting president when the head of state cannot
physically discharge his presidential duties due to ill health or death.
The power vested in the republican
president to appoint someone to act as vice-president whenever he leaves the
country is a political prerogative made in good faith – it demonstrates how
inadequate is the Bill of Human Rights and wide the powers given to the head of
state.
The Zambian constitution needs to be
reformed in order to curb the powers of the president. In 2004 the second
republican president amended the Zambian constitution when is inserted a clause
that disenfranchised any person whose first parents [?] were not indigenous
Zambians by birth. The racialist clause was made in order to disenfranchise Dr
Kenneth Kaunda from contesting the 2006 presidential elections.
The first republican president Dr Kenneth
Kaunda was born in Zambia in
1924, but his father and mother originated from Malawi .
There developed political faction s with
the Pf after president Sata died between those who supported the appointment of
Vice-President Guy Scott and those who rallied themselves behind Edgar Lungu.
The political faction supporting Lungu was in a majority within the ruling
party.
Ninety days after the demise of President
Sata the PF held a political conference at which he was to elect a party
president to succeed Sata.
On 30th December 2014 Edgar Lungu was unanimously
elected as president during an election that was boycotted by eight other PF
presidential candidates, among them Dr Christine Kaseba, Chilufya Sata, Miles
Sampa and Chishimba Kambwili.
The Patriotic Front was formed by President
Sata and his wife Dr Kaseba. In 20.. [?] it was later joined by Guy Scott,
Given Lubinda and Wynter Kabimba.
The fact is that it was too early for Sata
to groom a political successor in ???? the fact that the PF was in power for
only three years. It is also true that Sata did not anticipate his death when
he appointed Lungu as acting president in September 2014.
Thus, Lungu like Banda became acting
presidents by chance outside factors (the deaths of presidents Michael Sata and
levy Mwanawasa respectively).
Because Edgar Lungu was a member of
parliament for Chawama constituency ??? holds a degree in law is not enough
excuse to warrant him becoming republican president. The man is a seasoned
alcoholic and he collapsed when addressing a public rally.
Indeed, President Lungu is not averse to
tribalism and is very reluctant to caution his minsters from uttering tribalism
verbiage directed against certain tribes.
The Zambian domestic economy has been facing
many problems which Lungu has failed to resolve, given the fact that previous
presidents were known to personally intervene whenever there was a dire
economic crisis.
Rising fuel prices, the depreciating
Zambian currency (the kwacha) and electricity blackouts are some of the major
economic problems that Lungu has shown no imitative to rectify.
The arrest of Post newspaper managing
editor Fred Meembe is the latest clamping down of press freedom taking place
under the PF government.
The political slogan ONE ZAMBIA ONE NATION
is now flagrantly used by Lungu to camouflage corruption, tribalism, nepotism
and favouritism taking place in the PF.
Indeed, the late president Sata will be
remembered for his readiness to dismiss corrupt elements from the PF – he
always championed the aspirations of workers, peasants and students.
The current Zambian political constitution
is flawed and needs to be reformed or amended in the sense that it safeguards
the political and economic privileges of the ruling political elites at the
expense of opposition political parties. For instance, the Public Order Act can
be applied to arrest journalists for publishing classified information and
restrict political demonstrations.
CEPHAS MULENGA,
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