Africa-Press – Zambia. We have seen leaders subscribe to particular principled positions when in opposition only to repudiate those very positions when accorded the instruments of power.
It is such behaviour that gives our politics a bad name.
● Unfortunately, review of the prevailing political environment indicates a deeply worrying departure from the ideals of a politically plural society.
● Chief Justice of Zambia Mr Mumba Malila SC to put the important institution he leads in order
● Government to seriously consider postponing the amendment of Zambia’s Constitution to the post-2026 election period. This is because it is too late to build the kind of consensus that is required for such a serious exercise.
● We therefore reject the proposed amendments to Section 70 (Hate Speech) in their entirety because they are too vague, too broad, open to abuse, have the potential to and undermine the freedom of expression guaranteed in Article 20 of our Constitution, and clearly designed to target critics and political opponents of the party in government.
● We ask the Republican President to suspend from office any public leader facing investigations in order to prevent them from interfering with the process. Furthermore and, in the spirit of transparency and exemplary leadership, we urge the President to publicly declare his assets and liabilities, even though there may not be such a law compelling him to do so interference from the police.
● Furthermore and, in the spirit of transparency and exemplary leadership, we urge the President to publicly declare his assets and liabilities, even though there may not be such a law compelling him to do so.
●We appeal to the Government to put in place effective interventions that will reduce the cost of living that continues to escalate.
●Government should increase the State’s shareholding percentage in foreign mining companies and to review the tax holidays that were extended to such companies in previous budgets.
ZCCB PASTORAL STATEMENT ON THE STATE OF THE NATION
“Seek Justice, rescue the oppressed, defend the orphan, plead for the widow” (Isaiah 58:6-7)
Dear Brothers and Sisters in Christ and all people of goodwill.
May the peace and love of our Lord Jesus Christ be with you all.
PREAMBLE
We, the members of the Zambia Conference of Catholic Bishops (ZCCB), recognizing the abundant blessings God has bestowed upon our nation over the past 60 years since independence, wish to convey our Congratulations to the Republican President, the Government and all people of Zambia, as we pay tribute to the gallant men and women who fought for this independence.
It is in this context of Zambia @ 60 that, having listened to the cries of our people for guidance on political, economic, and social issues affecting the nation and, guided by Sacred Scriptures, the Social Teaching of the Church, the principles of justice, peace and compassion, take this opportunity to raise
some pertinent issues on the state of our nation
1. ● POLITICAL SITUATION
The Constitution of Zambia, as amended in January 2016, starts with a gripping preamble that is worth quoting in its entirety for two reasons.
The first is that it safeguards the work of the Church as shepherds entrusted with
pastoral care of the flock of God and who continue to stand in solidarity with the people of Zambia, especially the poor, the needy and the marginalised.
Nothing that is genuinely human fails to find an echo in our hearts. Therefore, the joys and hopes, the griefs and anxieties of the people of our time, especially of those who are poor or afflicted in any way, are our joys and hopes
our grief and anguish as well.’
The second reason is that the preamble in the Constitution serves as a reminder of the fundamental liberties and freedoms that the Zambian people wanted to exercise and enjoy when they re-introduced multiparty democracy in 1991.
Here is what it says:
“We, the people of Zambia:
ACKOWLEDGE the supremacy of God Almighty;
DECLARE the Republic a Christian Nation while upholding a person’s right to freedom of conscience, belief or religion;
UPHOLD the human rights and fundamental freedoms of every person;
COMMIT ourselves to upholding the principles of democracy and good governance;
RESOLVE to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the State are performed in our common interest;
CONFIRM the equal worth of women and men and their right to freely participate in,
determine and build a sustainable political, legal, economic and social order;
RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our Nation and our right to manage our affairs and Zambia’s resources shall sustainably remain a unitary, devolved multi-party system and of democratic governance; sovereign
RESOLVE that State;
RECOGNISE AND HONOUR the freedom fighters who fought for the independence of our Nation in order to achieve liberty, justice and unity for the people of Zambia;
AND DIRECT that all State organs and State institutions abide by and respect our sovereign will;
DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION”
The meaning of this preamble is clear and does not require much interpretation. Its carefully chosen words convey the message that the conduct of those in the political environment must be guided at all times,by
the principles and values that are stipulated in this preamble.
Unfortunately, review of the prevailing political environment indicates a deeply worrying
departure from the ideals of a politically plural society.
1.1●Increasing arrests of opposition
politicians and unlawful detentions
We are gravely concerned by the turnover of arrests of opposition politicians by the Zambia Police Service.
For instance, not less than six presidents of
opposition parties have been arrested on various charges in the recent past
and the number- is much higher when includes other officials of the political
opposition. Here, it is worth noting that we are not referring to arrests related to corruption; We are referring to arrests of a political nature that fall within the realm of the exercise of democratic rights.
It is not possible that only opponents of the party in power are criminally minded, So we are left to wonder if the frequent arrests and detentions of opposition leaders and officials is deliberate strategy aimed at instilling fear and intimidation in them, keeping them busy in court with costly and time- consuming litigation that underminest their political work, and potentially securing convictions that
could exclude them from participating in future electoral contests.
We urge the authorities to accept the existence of the opposition and respect their duty to hold the government to account and to desist from criminalising political
speech and debate.
In a truly functional constitutional democracy, neither the police nor the party in power have the authority to prescribe to opposition
parties how the government should be opposed.
Even more alarming is the disturbing trend by the police of keeping suspects in detention for a period longer than prescribed by the law.
Examples of those who have fallen victim to these prolonged and unlawful detentions abound and they include journalists, ordinary citizens, and both civic and political leaders who express dissenting views through speech and peaceful protests.
These actions by the Zambia Police Service undermine the fundamental rights
and freedoms of speech and assembly and cast doubt on the government’s
commitment to democratic governance.
During his election campaign prior to
the 2021 general election, President Hakainde Hichilema pledged to uphold as per the preamble of the human rights and ensure the rule of law, Constitution of Zambia.
However, recent events have tended to cast doubt on the promises made.
Detaining individuals without charge and subjecting them to prolonged detention in inhumane conditions without trial is a clear violation of people’s fundamental rights and freedoms.
It is imperative that the Zambian Constitution serves as a reminder of the fundamental liberties and freedoms introduced multiparty democracy in 1991.
1.2● Retention of Anti-democratic Laws and the Penal Code Amendment Bill No.17 of 2024
We are deeply concerned by the continued failure by the Government to repeal
anti-democratic provisions in laws such as the Cybersecurity and Cybercrimes Act, the Public Order Act, and several sections of the Penal Code Act such as those that criminalise libel.
All these provisions undermine the enjoyment of human rights and fundamental freedoms and the principles of democracy and good governance that are signalled in the Constitution’s preamble.
These legal provisions are not reasonably justifiable in a preamble democratic society.
They are among the repressive laws that the current President of Zambia pledged to reform if elected when he was in opposition.
The failure to strike these repressive laws from our statutes erodes public trust in the political integrity of our leaders.
Many of our leaders seem to find it easy to change positions on policies solely for personal gain, expediency, or convenience.
We have seen leaders subscribe to particular principled positions when in opposition only to repudiate those very positions when accorded the instruments of power.
It is such behaviour that gives our politics a bad name.
We appeal to the conscience of each of our politicians in the current government to honour their pre-election campaign promise to repeal anti- democratic laws, to be consistent with the principles they avowed when they where in opposition, and to be truthful and committed to performing the functions of the State in, as per the preamble, our common interest.
We also appeal to the Government to withdraw the Penal Code Amendment Bill Number 17 of 2024 for further consultation.
The Bill seeks to make two amendments to Section 70 of the Penal Code Act which provides for the crime of expressing or showing hatred, ridicule, or contempt for persons because of race, tribe, place of origin or colour.
The first proposal is to expand the grounds for hatred, ridicule or contempt to ethnicity, region, and religion.
The second proposed change is to extend the jail terms of those convicted of this
offence from the current maximum of two years to between seven and twenty
years. What constitutes hatred, ridicule or contempt is not defined, thereby giving wide discretion for interpretation and abuse.
In addition, the amendments seek to sustain the problematic current status quo where pursuing charges of hatred, ridicule or contempt” requires the consent of the Director of Public Prosecutions (DPP).
As history has shown, this provision has enabled the incumbent DPP to make partisan calls that have previously benefited the government by way of only sanctioning the prosecution opposition figures while declining to sanction the private prosecution of government officials or those associated with the ruling party on similar charges of hate speech.
We therefore reject the proposed amendments to Section 70 in their entirety because they are too vague, too broad, open to abuse, have the potential to and undermine the freedom of expression guaranteed in Article 20 of our Constitution, and clearly designed to target critics and political opponents of the party in government.
If passed, the proposed changes would eliminate political debate and legitimate criticism of government actions or policies, and amount to passing a death sentence on our democratic rights such as free speech.
As well as withdrawing the current Bill, we call upon the government to subject the entire Penal Code Act to a thorough review to align it with our Constitution so that the changes to be made are comprehensive rather than piecemeal and self-serving.
1.3●The worrying state of the judiciary
In our previous pastoral statement, we expressed grave concern about the
conduct of the Judiciary in the handling of intra party differences mainly those pertaining to the leadership of the opposition Patriotic Front (PF).
We urged the judiciary to adjudicate such matters in an impartial, decisive, andtimely manner.2 Unfortunately, our call has not been adhered to. Cases that were filed a long time ago remain undetermined.
We urge the Chief Justice of Zambia Mr Mumba Malila SC to put the important institution he leads in order by to expediting the determination of the cases.
A loss of public faith in the Judiciary is a recipe for chaos and complete lawlessness.
We have also noted the continued dismissals of judges, sometimes under very
controversial circumstances.
To build trust in the integrity of the process that removes judges, we urge the Government to introduce amendments to Part IV of the Judicial Code of Conduct Act, which provides for the appointment of members of the Judicial Complaints Commission (JCC).
Such amendments and specific transparent appointment process should introduce qualifications and competencies that those appointed should possess beyond a mere ability to hold or to have held high judicial office. Given the important role they play, the men and women who are appointed to the Judicial Complaints Commission, like those tasked with appointing judges in the Judicial Service Commission (JSC), should also be confirmed by at least two-thirds majority support of members of parliament in the National Assembly, as opposed to the current simple majority.
This proposed change to legislation
on the appointment of commissioners serving on the JCC and JSC would go a long way in strengthening the independence and quality of our justice system.
1.4. ●Electoral and Constitutional reforms
We have noted the ongoing efforts by the Electoral Reform Technical Committee appointed by the Electoral Commission of Zambia (ECZ) to review laws relating to electoral process and take submissions from members of the public on the same.
We affirm that electoral reforms in a developingbdemocracy like ours are critical.
However, in view of the proximity of the 2026
general elections – only about19 months remaining, we invite the Government
to reflect further on the prudence of continuing with this exercise lest it raises
legitimate suspicions of attempting to give undue advantage to the party in power.
In the same measure, we have noted that no roadmap on the review of the Constitution has been agreed upon to date.
We accordingly urge the Government to seriously consider postponing the amendment of Zambia’s Constitution to the post-2026 election period. This is because it is too late to build the kind of consensus that is required for such a serious exercise.
●ECONOMIC SITUATION
We reiterate our commendation of the Government’s efforts to recruit thousands of teachers and health workers, and those in the security services such as the military and the police.
These efforts will go a long way in alleviating poverty among our people. We also commend the government for reaching a restructuring deal with the official creditors who include multilateral institutions like the International Monetary Fund, bilateral donors such as the United States and the European Union countries, bilateral agencies from China and other emerging markets, and private bondholders.
Although the debt restructuring deal does not amount to debt cancellation, it reschedules the debt repayments to a later date, reduces interests on the debt, and frees funds for expenditure in social sectors.
These efforts are commendable.
However, the economic situation remains precarious and of particular concern are the following areas:
2.1 ●High cost of living
The agriculture sector has been badly affected by the 2023/2024 drought and
poor distribution of farming inputs, while the price of mealie meal has escalated beyond the reach of most Zambians.
In addition, the monthly changes in fuel prices have severely destabilised key components of the energy sector, including supply reliability, pricing stability, and overall market efficiency.
The exchange rate, which was expected to stabilise on the day the new government was sworn in as we were promised, has instead remained volatile, negatively impacting key areas of the economy such as import costs inflation rates, and business operations.
Added to this is the fact that while foreign companies have been accorded incentives by the State, Zambia small-to-medium scale businesses have been forced to close after being choked by the difficult economic environment. As a result, unemployment has increased especially among the youths, and the cost of living is now much higher than it was in 2021.
We appeal to the Government to put in place effective interventions that will reduce the cost of living that continues to escalate.
2.2b●Reduced Revenue from the Mining Industry
We commend the government for finding equity partners for the country’s
biggest mines such as Konkola Copper Mines and Mopani Copper Mines.
Such efforts would go a long way in increasing copper production and
revitalising economic life on the Copperbelt.
However, WE are concerned that the country continues to receive reduced earnings from the mining industry including from mines such as those run by First Quantum Minerals in North-Western Province.
We reiterate the unheeded call we made in the November 2023 Pastoral Statement for the government to increase the State’s shareholding percentage in foreign mining companies and to review the tax holidays that were extended to such companies in previous budgets.
Mining is the main stay of Zambia’s economy, and it is important for the government to prioritise increased copper production as much as increased revenue collection from our jewel industry.
Mining should not only drive economic growth but also serve the interests of all Zambians by ensuring sustainable development and wealth sharing.
We call upon the government to establish a transparent and accountable legal framework for mining operations, focusing on environmental protection, equitable taxation, and workers’ rights.
These measures are essential to protecting Zambia’s natural resources and guaranteeing that the benefits of mining are felt by every citizen, not just a privileged few.
2.3 ● Crippling energy crisis
This crisis has affected almost all the sectors of life. Businesses across various sectors, such as manufacturing, education, and entrepreneurship, have had to curtail operations or halt production altogether, leading to job losses and reduced output.
The informal sector, which employs a significant portion of the population, is also severely affected, as small businesses are struggling to maintain operations without a reliable power supply. The impact has been too averse to ignore. To mitigate the risks associated with hydropower dependence, as a long-term measure, the government must focus on diversifying its energy sources.
Investing in alternative energy sources, such as solar, wind power and thermal power, can provide a more reliable and sustainable supply of electricity in addition to building hydropower stations in areas where we already have natural reservoirs of water. Solar power, in particular, holds immense potential, given Zambia’s abundant sunshine.
The current power crisis serves as a stark reminder of the need for long-term planning and strategic investment in the energy sector. This and future governments must invest in infrastructure to ensure a reliable and affordable power supply.
By learning from theOpen Letter to Mines Minister Paul Kabuswe and President Hakainde Hichilema: The Truth About Mopani Copper Mines
Dear Paul Kabuswe and His Excellency President Hakainde Hichilema,
As the Mopani Copper Mines saga unfolds, it is becoming increasingly clear that this is no ordinary debate. What we are witnessing is a turning point in our country’s governance, one that raises critical questions about leadership, accountability, and the administration’s commitment to the Zambian people.
When the Mopani deal was first announced, many of us raised red flags. We questioned why such a strategic national asset would be handed over to IRH without adequate transparency or public consultation. More especially the parliamentary approval. This is not just an oversight it is a fundamental breach of trust.
Paul Kabuswe, as Minister of Mines, your primary responsibility is to safeguard Zambia’s wealth and future. This is not about policy alone it’s about integrity. The decision to transfer 51% of Mopani’s shares to IRH Company, bypassing parliamentary approval, violates the principles of democracy and accountability.
I understand Paul Kabuswe, can not operate in isolation. President Hakainde Hichilema, as the Head of State, carries the ultimate responsibility for ensuring that such significant national decisions are transparent and in the best interests of Zambians. This deal could not have been executed without your knowledge and blessing, Mr. President.
If this transaction is above board, why was it not taken to Parliament for deliberation and approval? Why is there so much secrecy surrounding a deal that directly impacts thousands of workers, their families, and the nation’s economy?
From the moment Mopani was handed to IRH, many Zambians, myself included, raised concerns about the lack of due diligence and transparency. These concerns were dismissed as misplaced skepticism. But now, the rushed and opaque transfer of 51% of Mopani’s shares to IRH Company has confirmed our worst fears. And i comend the Honorable members in August house who are seeking clarification concerning 51% shares transfer IRH.
Mr. President, you campaigned on promises of transparency, accountability, and economic reform also the rule of law. This deal, shrouded in secrecy and devoid of proper oversight, contradicts the very principles that earned you the trust of Zambians.
Mopani Copper Mines is more than just a company. It symbolizes Zambia’s economic potential, providing thousands of jobs and billions in potential revenue. It is a cornerstone of our national pride and identity.
To sell off its shares without parliamentary approval is not just procedural misconduct it is an affront to the Zambian people. Bypassing Parliament undermines the democratic process and erodes public trust in your administration.
Questions You must answer and Zambian people needs answers from you…
1. Why was Parliament bypassed in the transfer of 51% of Mopani’s shares?
2. What due diligence was conducted on Dealter Company, and what qualifies them to hold such a critical national asset?
3. How does this deal benefit the Zambian people, particularly the workers and communities that depend on Mopani?
4. Who stands to gain from this fraudulent deal arrangement?
5. Mr. President, how does this deal align with your promise of transparency and reform?
This is a defining moment for your administration. Mr. President, your leadership will be judged by how you respond to this issue. Will you stand on the side of transparency and the Zambian people, or will you allow this deal to proceed under a cloud of secrecy?
As to Paul Kabuswe, the nation is watching. Parliament is watching. The workers at Mopani and their families are watching. If you cannot justify this deal with clear and convincing answers, then perhaps it is time to reflect on whether you are fit to hold the position of Minister of Mines.
Mr. President, your promises of reform gave hope to millions of Zambians. This is your opportunity to prove that your administration is truly committed to those promises. Mopani is not just about copper it’s about trust, governance, and Zambia’s future.
The Zambian people deserve better. It is time for both of you to come out clean about the Mopani deal and return the matter to Parliament where it belongs. Anything less would be a betrayal of the people who entrusted you with the leadership of this great nation.
Sincerely,
Abraham Simpamba
Concerned Citizen
Together We Can Ichalo Bantu!
mistakes of the past, Zambia can build a more resilient and
sustainable energy future.
2.4 ●The Fight against Corruption
Reports of improved performance of Zambia on the Corruption Perceptions index (CPI) are encouraging and commendable. Furth
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