CONTROVERSIAL 'STAND UP FOR ZAMBIA' JOURNALIST GRANTED LEAVE TO APPEAL

THE Lusaka High Court has granted Lusaka freelance journalist Chanda Chimba III leave to appeal against an order of injunction granted in favour of Patriotic Front (PF) leader Michael Sata restraining him from publishing alleged defamatory articles, including those to do with his health in the Stand Up for Zambia (SUFZ) News.
Lusaka High Court Judge in Charge Jane Kabuka said Mr Sata had succeeded in two of the three main issues raised in the matter and would have his costs of the application taxed in default of agreement.
In the second issue of the publication, where the newspaper was quoting United Party for National Development (UPND) president Hakainde Hichilema and the defence of qualified privilege given by Mr Chimba, Ms Justice Kabuka said in the absence of overwhelming malice, the defence was generally sustainable.
She said: “Libel or no libel? I would say no libel. On the available evidence, I find the defence of qualified privilege in the circumstances of this case is not one I can say might not succeed at trial.”
In this matter, Mr Sata was asking the court to grant him an interlocutory injunction against Mr Chimba for allegedly publishing defamatory articles about him, including his health.
According to Mr Sata, the defamatory articles were under the headlines ‘Sata is a sick man’, ‘Close encounter with the cobra’ and ‘King Cobra spearheads homosexual campaigns’.
Mr Sata claimed he had been seriously injured in his character, credit and reputation and was demanding damages and an injunction restraining Mr Chimba and his servants or agents from distributing, circulating or selling the said tabloid until determination of the matter.
He said Mr Chimba’s publication alleged that his sicknesses had led to fears that he might not lead the country longer due to his serious medical condition.
Ms Justice Kabuka stated that Mr Sata, in his first affidavit, stated that Mr Chimba was widely distributing SUFZ News while in the second, Mr Sata stressed that the defendant had continued publication of the articles defamatory of his character.
She said in the third affidavit, Mr Sata contended that Mr Chimba had with impunity gone to publish a fourth edition of SUFZ News and the two articles that he complained of were under the headlines ‘Sue me to prove your dead denials on homosexuality, Kalusa tells Sata’ and ‘Take revelations by SUFZ seriously – Siulapwa’.
Mr Sata contended that although he had been evacuated to South Africa and treated at Milpark Hospital in Johannesburg, he was discharged after full recovery in the same month and even participated in the presidential elections as a candidate under PF. He had also engaged in vigorous countrywide campaigns as a testimony that he was in good
health.
In her ruling Ms Justice Kabuka said there was nothing in the affidavit evident at this stage to support Mr Chimba’s allegations and the issue of fair comment could not be sustainable.
Ms Justice Kabuka said there were no facts on the material availed by the defendant to court to insinuate imminent or impending death of the plaintiff. She granted the injunction and accorded Mr Chimba leave to appeal against the ruling.

HH NOTES THE PLIGHT OF WORKERS IN HEALTH SECTOR

United Party for National Development President, Hakainde Hichilema has observed that health workers are working in distress and difficult conditions.
In an interview, Mr Hichilema has said government workers through out the country were distressed as a result of non commitment by government to improve the conditions of service.
He has observed that health workers are working in distressful and difficult conditions of service because the MMD government doesn’t want to improve the conditions of service for its workers.
And Mr Hichilema says the UPND is aware of the poor conditions of service health workers were subjected to, adding that grants given to health institutions are not enough to address health problems. He has also pledged to assist the hospitals in the country in various ways.

MILUPI NOTES MINING SECTOR FAILURES IN ZAMBIA

The mining sector in Zambia has failed to contribute effectively to the economical development of the nation, Alliance for Democracy and Development [ADD] president Charles Milupi has charged.

Speaking in an interview, Mr Milupi said out of 2.7 billion US$ dollars the mining sector produced last year only 77 million US$ dollars representing 2 percent was contributed to the national treasury a situation he said Zambia would continue to sink if the windfall tax was not reintroduced by those in government.

He said the failure by the current government to continue with the change late president Levy Mwanawasa introduced in the mining sector of windfall tax has affected the growth of the economy in relation to revenue collection from the mining sector.

Mr Milupi said it was wrong for President Rupiah Banda’s government to repeal the windfall tax law which allowed Zambia to raise money from its minerals, adding that the removal has created unnecessary pressure on the back of government.

He said it was wrong and saddening despite people talking and crying for the removal government had stubbornly used numbers in parliament to force for the removal of the windfall tax.

Mr Milupi explained that for 2010 alone Zambia has lost an opportunity based on the projected production of copper based on the projected copper prices which is about 7500 US$ dollars per tonne.

He added thataAs a country we have lost an opportunity to earn over 600 million US$ dollar from copper, this money is more than all the monies donors can bring in, both local and external loans Zambia borrows for its management in various sectors of the economy.

He also said the removal of the windfall tax was done in a careless manner by the MMD government by the use of numbers in parliament, despite knowing that no investor would lose out in any form.

He regretted that President Banda’s government had failed completely to understand that issues of windfall tax were not meant to disadvantage foreign investors but promote economical development and equal sharing of the national resources among all players.

Mr Milupi said the issue of attracting investors by removing the windfall tax would not help the country but keep on putting more pressure on the government’s overdependence on donor community for its sustenance.

ECZ ADVISES LAZ TO MAKE OFFICIAL ITS UPG CONCERNS

THE Electoral Commission of Zambia (ECZ) has advised the Law Association of Zambia (LAZ) to officially write to the commission if it has any grievance over the contract awarded to Universal Print Group (UPG) to print the ballot papers for the September 20 polls.
ECZ Public Relations Manager, Cris Akufuna said in an interview from Durban yesterday that LAZ was aware of the complaint procedure if it had any grievances to make against the contract.
Mr Akufuna says the ECZ cannot start discussing issues they are asking us in the Press adding that if it has any grievances let them write to the commission.
Mr Akufuna was reacting to LAZ president Musa Mwenye’s question on whether ECZ had obtained security clearance for the engagement of UPG in the printing of ballot papers.
At a media briefing in Lusaka yesterday, Mr Mwenye also asked the director general of the Anti-Corruption Commission to tell the nation whether UPG was mentioned in a warn-and-caution statement recorded against a former ECZ employee, Mpundu Mfula and whether the company had been a subject of investigations since the 2006 general elections.
Mr Mwenye said that LAZ notes that ECZ has taken some steps towards inclusiveness in the electoral process but we urge the electoral body to attach utmost importance to clarify the issue surrounding the engagement of UPG because the issue has the capacity to adversely affect the strides made by the ECZ in facilitating a free, fair and inclusive electoral process.
Both ACC board chairperson Timothy Kabalata and the director general Godfrey Kayukwa have recently stated that the commission was not investigating ECZ.
Mr Mwenye said LAZ wanted to put it on record that if UPG was implicated or accused in any unresolved investigations which were currently before the ACC , the company’s suitability to conduct the important task of printing the ballot papers for this year’s elections would be in serious doubt.
Meanwhile, LAZ has condemned the violence being perpetuated by some political parties as the country heads towards elections. Mr Mwenye said the association was concerned with the increased levels of violence between the political parties.
He urged all political party leaders in the country to denounce violence and commit themselves to peaceful campaigns. He urged the Zambia Police Service to maintain law and order in a fair manner.
And Mr Mwenye said both public and private media should abide by the electoral code of conduct by ensuring that all political parties were given fair coverage during the election period.
He said the public media should in this regard set the tone and lead by example by providing fair coverage to all political parties.
Mr Mwenya explained that LAZ regrested deeply that despite several protestations, the Zambia National Broadcasting Corporation (ZNBC) has continued to flout the ZNBC Act.
Mr Mwenye said LAZ would commence public interest litigation against ZNBC to hopefully pronounce the duties of the corporation and whether or not the ZNBC director general and his management had been breaching the Act.

ECZ OPTIMISTIC OF HIGHER VOTER TURN OUT

The Electoral Commission of Zambia -ECZ- is optimistic of a higher voter turnout in the 20^th September general elections.

ECZ Chairperson, Ireen Mambilima says the commission is optimistic despite the continued acts of political violence.

She says the ECZ, through various security wings, will ensure safety and security for members of the public during the elections.

Justice Mambilima has further appealed to political parties to uphold the resolutions of the recent peace agreement signed in Lusaka.

Meanwhile, Justice Mambilima says the printing of ballot papers is now in the final stages.

Justice Mambilima, who is in Durban to monitor the progress of the printing of ballot papers, says printing of local government ballots has advanced.

She has disclosed that local government ballots for Central and Luapula provinces have since been completed.

Justice Mambilima has since stated that the packaging of the printed ballot papers has also commenced.

PSDA WELCOMES WAREHOUSE RECEIPTS CONCEPT

The Private Sector Development Association has welcomed the concept of warehouse receipts initiative.

The initiative is meant to help small holder farmers in the country to develop their farming.

PSDA Chairperson, Yusuf Dodia says the concept will allow small holder farmers diversify their production.

Meanwhile, Zambia Co-operative Federation Director-General, James Chirwa has called for speedy implementation of the Agriculture Credit Act number 35 of 2010, which supports warehouse receipts.

meanwhile, the Organic Producers and Processors Association of Zambia has unveiled a 9.1 billion kwacha 5-year national strategy.

The National Organic Production Strategy will focus on the development of the sector, in order to contribute to employment and wealth creation.

OPPAZ Chief Executive Officer, Mushimbwe Chitalu says the strategy will focus on livestock such as goats, and crops like maize, cereals, ground nuts and cotton.

He has added that the strategy is also meant to promote agriculture production which does not use chemicals such as fertilizer.

GOVERNMENT CHALLENGED ON SME POLICY IMPLEMENTATION

Government has been challenged to facilitate implementation of the SME policy, launched this year.

COMESA SME Toolkit Program Coordinator, Edwin Zulu says the legislation will be more beneficial to entrepreneurs on the grassroots if it can be translated in to tangible development.

Mr Zulu says the policy needs to be mainstreamed.

He has also observed that there are many challenges for upcoming businesses.

OPPOSITION UPND CONTINUES TO CRAMBLE

Former Sinazongwe UPND MP Raphael Muyanda has ditched his party and joined the ruling MMD.

Mr Muyanda joined the MMD at a rally addressed by president  Rupiah Banda in Mwinilunga Wednesday.

Mr Muyanda was up to his resignation been the UPND chairperson for commerce.

He was one of the former MPs who were not adopted by the UPND for this year’ selections.

Other MPs who left UPND after being rejected in the adoption are Edward Kasoko and Godfrey Beene.