No 57 www.diggers.news Monday November 6, 2017 ICIJ names HH in Paradise Papers Zambia’s opposition leader Hakainde Hichilema has been named in the latest exposé dubbed “The Paradise Papers”, but with a huge disclaimer about some of the people named in the offshore leaks. There are legitimate uses for offshore companies and trusts. We do not intend to suggest or imply that any people, companies or other entities included in the ICIJ Offshore Leaks Database have broken the law or otherwise acted improperly. Many people and entities have the same or similar names. We suggest you confirm the identities of any individuals or entities located in the database based on addresses or other identifiable information. Full story page 9 “Govt reforms have made it easy to do business in Zambia” By Mirriam Chabala and Patricia Mbewe Lusaka Mayor Wilson Kalumba has orderd the demolition of Zoona, MTN, and Airtel kiosks, but vendors say he is dreaming The Ministry of Commerce, Trade and Industry has attributed Zambia’s improved rating on the ease of doing Sleeping Mayor sparks social media frenzy business to the favourable Zondiwe Mbewe to mock him after he ordered Meanwhile, PF cadre Munir go towards garbage collection, replacing them with public business environment A picture of a sleeping Lusaka council police to demolish Zulu says Kalumba must be introducing underground power toilets.” reforms government is Mayor today went viral on social Zoona, MTN and Airtel vending impeached for ordering the transmission cables in order Leslie Musonda Mwenya wrote: undertaking. To page 6 media with netizens taking turns kiosks around the City. demolition the kiosks in the to clear ground for residential “Always making headlines for central business district. plots, cremation to decongest the wrong reasons, when he Kalumba has become famous for graveyards among others. wakes up from that slumber, his quixotic ideas; his suggestion Ephraim Shakafuswa captioned you’ll be amazed at what will Those defending Lungu’s threats on judges to deduct K10 from Lusaka the picture: “Dreaming about come out of that mouth.” lack avarage intelligence, says Prof Ndulo residents’ talk-time credits to closing all Shoprite Stores and To page 4 By Joseph Mwenda simplistic because they showed that the Head of ​I do not know how anyone with average State lacked the understanding of jurisprudence A proper interpretation of the Constitution intelligence can interpret what President Edgar in the Kenyan Supreme Court decision that Lungu said as meaning anything other than nullified the presidential election results. disqualifies Lungu for 2021 – Elias Chipimo threats and intimidation against the Judiciary," In a statement, Prof Ndulo said President Mukosha Funga And Chipimo has commended the Law Association says Cornell University Law Professor Muna Lungu's surrogates needed to be ignored NAREP president Elias Chipimo says it is not of Zambia for being brave, noting that those Ndulo. because they were oblivious to the grievous possible for President Edgar Lungu to run for office criticizing the association had failed to pinpoint And Prof Ndulo says President Lungu's remarks harm being done to democracy in Zambia. again in 2021 based on a proper constitutional their problem with the association’s statement on were not only ill-conceived and ignorant but To page 5 interpretation. President Lungu’s threats. To page 4 AG DETAILS THEFT AT GENERAL EDUCATION By Mukosha Funga The Auditor General’s report has revealed that a Ministry of General Education employee paid himself a total of ...Bwalya Phiri paid himself K2,577,055 in the year ended 2016, for unexplained reasons. According to the Auditor General, a Bwalya L Phiri used different initials on nine occasions to draw money from a Ministry of General Eduction account, in an attempt to conceal the fraud. K2.5m from ministry account Meanwhile, two of his colleagues also paid themselves K871,272 in similar circumstances. To page 3 2. Local News Monday November 6, 2017

Mukosha Funga President Edgar Lungu has donated K100,000 towards the completion of the Mpongwe Baptist Union Church building. Lungu donates K100,000 President Lungu, who pledged to contribute towards the in Charge Reverend Justin completion of the building Munkupa also hailed President when he visited the church Lungu for being different from last month, sent a local previous Presidents. businessman; Emmanuel to Mpongwe church Speaking when Luanshya Kasambo to hand over the Mayor Nathan Chanda and money today. “The president thought of delivered. It is his contribution gratitude over the generous that we will continue praying Kasambo visited him to Kasambo, who was in the helping the church. He asked to this contribution,” said donation. for him so that he continues mourn with him over the loss company of Luanshya Mayor me to deliver K100,000. It is Kasambo. “President Lungu’s humility showing good leadership,” said of his son, Reverend Munkupa Nathan Chanda delivered the his money and I thought I And Mpongwe Baptist Union and generosity is admirable. Reverend Shamfuti. said President Lungu had K100,000 in cash and laid it on should put it on the table for Mission Director Reverend The President cares for us Meanwhile, Mpongwe dignified Mpongwe like no a table for all to see. all of you to see that it has been Admason Shamfuti expressed and we want to assure him Baptist Union Church Pastor other President. “We were treated like second class citizens. Now President Govt will screen all civil servants for fake qualifications - Wina Lungu has raised our profile, he has embraced us like any Mirriam Chabala Michelo who wanted to find arresting students especially or so. Apparently the students violence. But the police again other Zambia,” said Pastor Vice-President Inonge Wina out why the PF government the recent happening on the had not advised the police that should be informed about Munkupa. says government will roll out along with some overzealous Copperbelt where students they would take the action these happenings before According to ZNBC, an armed the scrutiny exercise of fake police officers were violating were arrested and detained that they took. However, the the procession has been police officer accompanied certifications amongst civil the rights of citizens like for having a peaceful protest? students were peaceful and embarked on so that they are church officials to the bank to servants to all public service they did in the case of the 55 I thank you,” said Michelo. wanted to present a petition aware,” said Vice-President deposit the cash immediately institutions in order to bring CBU students who wanted In response her response, to the office of the DC but Wina. after the service ended. sanity in the system. to petition the District Vice-President Wina said they were stopped half-way And Vice-President Wina Commissioner. police should not disturb considering the damage says police must avoid “Your honour the Vice- citizens who assemble in a to property that has been undertaking their duties President, PF is busy on a peaceful manner. done before during these Judiciary is under over-zealously as was the case daily basis denting the image “Mr Speaker, the incidence processions but they were on Wednesday when they of this country by violating of the students who were released promptly because we arrested 55 students from human rights with impunity arrested...and I think he is believe that the police should the Copperbelt University for and now my question is, why referring to the Copperbelt not be overzealous in certain siege, says GBM peacefully protesting against is the PF government and University students, I cases especially when citizens Sipilisiwe Ncube His message was that the delayed allowances. very few overzealous police understand some students can assemble and undertaken UPND vice-president Constitutional Court should She was responding to a officers on a rampant mode of were detained for half a day a procession without any administration Geoffreydecide that case in his favour; question from Mkaika MMD Bwalya Mwamba says that the Court should decide member of parliament President Edgar Lungu’s that he is entitled to stand for Peter Phiri, who wanted statement on Constitutional a third term in 2021 or else to know if government Court judges is a clear there will be chaos in Zambia. had any intentions of indication that the three arms In other words Edgar Lungu scrutinizing other civil of government are under siege was telling the Judiciary how servants after the Teaching by a brutal dictatorial regime. to perform its functions. And Service Commission In a statement today, GBM he was warning Zambians discovered teachers with fake observed that President that the PF will cause chaos if qualifications. Lungu was indirectly he doesn’t have his way,” GBM Vice-President Wina said suggesting that the PF would added. forgery of certifications cause chaos if he didn’t have “This is not only contentious amongst civil servants was his way. of the Court but also a undermining development in “Fellow citizens and the breach of the Constitution. the country. international community, this This has exposed Lungu “Mr Speaker, forging is a dark week for democracy to possibility of being of certificates is really in Zambia and Africa as a impeached under Article undermining the whole. The utterances by 108 of the Constitution on development of the country Edgar Lungu made upon grounds that he has violated because the people who use his arrival in Solwezi on 2nd the sacred law of our land by forged certificates may not November, 2017 expressing his careless and irresponsible really qualify to do the work his desire for a third term utterances and on grounds the they are given and this a in office and threatening that he has committed a gross danger to both the security judges not to rule against his misconduct.” of the country as well as its third term bid should leave He urged members of development. So this is why no doubt in the minds of parliament to rise above government has introduced all Zambians and the world partisan interests and save quality assurance in the civil at large that the three arms the country from President service so that we detect this of government in Zambia Lungu`s tyranny before it was anomaly and deal with it. So are under siege of a brutal too late. this [scrutiny] will go in all dictatorial regime,” GBM “Likewise, we urge the the government ministries stated. Judiciary, through the and departments to ensure “Never in the history of our Chief Justice, to prove that those that are recruited beloved country has such a its independence by in the government or public blatant and deliberate act of publicly condemning this service have got the relevant intimidation of the Judiciary unwarranted attack and by qualifications that are has been seen. Under the taking appropriate action commensurate to the work Constitution, the Judiciary against Lungu in the same that they are given,” Vice- ought to be an independent way it has done against other President Wina said. arm of government free from citizens in the recent past. No Meanwhile, the Vice- interference or direction one is above the law, not least President said it was wrong from anyone. However in Lungu,” stated GBM. for police officers to conduct clear violation of Articles 119 “Civil Society, the Law themselves in an overzealous and 122 of the Constitution, Association of Zambia, manner. Edgar Lungu saw it fit to the Church and all well She was responding to directly interfere with the meaning Zambians must Bweengwa UPND member independence of the Judiciary protect Zambia`s hard won of parliament Kasautu by giving the Constitutional democracy and speak out Court instructions on how against this tyranny. We owe to adjudicate upon a matter it to ourselves and future in which he has personal generations to come. Let Female driver dies at Kansanshi Mine and, quite obviously, selfish us preserve the peace that interest, that is the case in Zambia has enjoyed for 53 which his eligibility to stand years and say no to Lungu`s following Rigid Dump Truck accident as a presidential candidate in selfish attempts to plunge the William Chileshe accident to News Diggers! fleet number RD 95 which was also going 2021 is being considered.” country into chaos. Zambia is A female miner at Kansanshi Mine in Daka said the accident happened on into the same direction,” said Daka. GBM stated that the utterances bigger than one man and his Solwezi has died after a Rigid Dump Truck Sunday morning around 05:45 hours. “The impact caused extensively damaged by President Lungu exposed band of thieves, whose only she was driving lost control and hit into “Involved was female Annet Kalolo aged 34 front part and extensively damaged the him to a possibility of being interest is to hold onto power another truck. of Mitec area Solwezi who, whilst driving a driver’s cabin. Both legs of the driver were impeached under Article 108 at whatever cost so that they The deceased has been identified as Annet Rigid Dump Truck (this is the huge heavy crushed and cut off. She died at Meryburg of the Constitution. can enrich themselves at the Kalolo 34, of Mitec area in Solwezi. duty truck), fleet No. RD 85 in the direction Hospital in Solwezi some few hours later.” “In whatever way one looks expense of the millions of Northwestern police commissioner of north to south, she lost control of it and He said the police has visited the scene and at it, Lungu `s message to the Zambians suffering in abject Auxensio Daka confirmed the mine hit into the rear part of another dump truck inquiry file opened. Judiciary was loud and clear. p ov e r t y.” Monday November 6, 2017 Local News. 3 AG singles Rampant theft of public funds will out civil servant who lead to national bankruptcy - CSPR stole K2.5m By Mirriam Chabala Zambians are likely to take to take a watchful eye in the to desist from mocking cited in the auditor general From front page The Civil Society for Poverty President Edgar Lungu’s call manner public resources citizens by asking citizens to report without further delays. “During the period under Reduction says the rate at which for action on everyone cited were being utilised to ensure bring evidence of corruption We further urge the government review, amounts totalling public resources are being in the auditor general report effective delivery of public involving government officials to embrace principle of K3,488,327 involving twelve misappropriated by those in as mere political rhetoric and social services. because the auditor general’s transparency and accountability (12) transactions were paid authority has potential to leave a lip service joke to deceive “Now that the hidden truth report provides adequate in the management of public to three (3) officers of the the national treasury bankrupt. Zambians that government was regarding misapplication of information upon which resources by implementing the Ministry. However, there CSPR Eastern Province going to take action on those public funds has been revealed investigations should be recommendations of the 2016 were no explanations and Coordinator Maxson Nkhoma involved when in fact not.” in the 2016 auditor general’s undertaken. We wish to call for auditor general report,” stated said in a statement today that Nkhoma urged Zambians report, CSPR urges government immediate action on all those Nkhoma. documentations such as it was disheartening to see how payment vouchers, backing public officials had continued sheets and authorities among mismanaging public funds as others, availed for audit revealed in the latest Auditor to support the payments General’s report. as of July 2017. It was also “The Civil Society for Poverty observed that the payments Reduction is seriously had not been captured in concerned with increased the cash book and IFMIS as cases of misapplication of of July 2017. As a result, it public funds by government was not possible to ascertain officials as revealed in the the activities for which the 2016 auditor general report. payments were made,” the CSPR is disheartened to see Auditor General’s report read. that misapplication of public “Inquiries revealed that funds in 2016 increased the funds drawn had been drastically from about K28 misappropriated by the said million in 2015 to about K162 million in 2016. The rate at officers as they were not which public resources are accounted for at the Ministry. being misappropriated and In particular, a payment made stolen for personal gain by on Cheque Number 427659 those in authority today is which was purportedly paid unprecedented, worrying and to the has reached alarming heart DEBs offices was actually breaking levels to ordinary paid to L Bwalya confirmed Zambians. If left unchecked through the Bank statements. this has the potential to make It was noted that in an effort the national treasury bankrupt,” to conceal the fraud, different Nkoma stated. names and initials (L Bwalya “We note with dismay that P, L B Phiri, Bwalya Phiri, B unaccounted for revenue has Phiri, L Phiri and L Bwalya) of increased from about K500, 000 the same payee were used for in 2015 to K3.7 Million in 2016 different transactions.” while unaccounted for funds Meanwhile, the Auditor increased from about K190, 000 to K380, 000 in 2016. Unretired General also revealed that imprest also increased from the Ministry of General K12 million in 2015 to K17 Education headquarters used million in 2016. The revelations K3,420,435 which was meant of the 2016 Auditor General for Provincial Education report has vindicated majority Offices, District Education stakeholders and ordinary Offices as well as secondary Zambians who have accused schools. certain government officials of “In Paragraph 45 (b) of the being corrupt for amassing a lot CSPR Eastern Province Coordinator Maxson Nkhoma Auditor General’s report on of wealth within a short period the Accounts for the Republic of time of being in government.” for the financial year ended Nkhoma said he was not 31st December 2015, mention surprised with the revelations was made of the failure by the in the 2016 Auditor General’s Ministry to remit funds in report because according to Mopani wins mining amounts totalling K3,420,435 him, the current government to lower level institutions. had created an enabling environment for corruption to In their Report for the flourish. company of the year award First Session of the Twelfth “CSPR is not surprised with National Assembly, the the revelations of the of Mirriam Chabala see Zambia recover the lost President Nathan Chishimba, environmental issues such as Public Accounts Committee the 2016 Auditor General Mopani Copper Mines Plc opportunity to produce one who was amazed at how Sulphur dioxide emissions and expressed concern that the Report because the current has been crowned the Mining million tonnes of finished competitive the awards had site expansion projects in the implementation of planned government has created an Company of the year 2016 copper and we expect the become said the Awards name of the US$323 million programmes and activities enabling environment for for the third time in three winners of the Mining Company Gala also provided a forum Synclinorium Shaft and the was negatively affected due corruption, theft and abuse of consecutive years. of the year Award (Mopani for members to interact and two deeps projects at Mindola to the Ministry’s failure to public resources for personal This was after the company Copper Mines Plc) to play a network. in Kitwe and Mufulira that remit necessary funds to the gain by those holding key amassed the highest number of significant role in attaining this “These awards provide a will give our mines another institutions in question. The government positions. Due to awards at the Zambia Chamber target in 2018. To the other platform for ensuring that 25 to 30 years life. In order to Committee strongly urged high levels of corruption, theft of Mines (ZCM) organised mining companies who have hard work is recognised and sustain these investments and the Controlling Officer to and abuse of public resources, Awards Gala night held at not won this important Award, appreciated for the benefit ensure that we remain a leader ensure that the outstanding Zambia has now been ranked Ndola’s Protea Hotel on Friday, I wish to encourage them to of the mining industry. I am in upholding industry best balance was remitted as the third hungriest nation in November 3, 2017. continue working hard and happy to note that the awards practices, we have invested over soon as possible and that in the world which has increased To be crowned 2016 mining ensure that they learn from their have become very competitive $21 million in establishing a future funds for lower level citizen’s vulnerability, inequality company of the year, Mopani colleagues on how they could do and they are now being evenly state-of-art Engineering and institutions are remitted and poverty,” Nkhoma stated. Copper Mines Plc received the better next time,” Wina stated. distributed among the mining Mining Training Centre called on time,” read the Auditor “It is public knowledge that awards in three of the eight The Vice-President further companies. This is the first time Mopani Central Training Centre the government has been seen categories competed for by all commended the Chamber of [of the three times we have in Mufulira, which also has a General’s report. to be shielding and defending mining companies in Zambia, Mines for not only promoting held the awards] that we are Sustainability Development “A review of the situation certain government officials namely; best performer in excellence but also recognising seeing category winners coming Academy for empowering our in 2017 revealed that the accused of engaging in corrupt local content 2016, mining best performance in the mining from four different mining contractor employees,” said situation had not changed practices and theft of public personality of the year 2016 and industry by introducing the companies,” said Chishimba. Jansen. in that amounts totalling resources. In a government mining woman of the year 2016. awarding of Mining Companies. Meanwhile, Mopani Copper Mopani’s 10-member mine K3,420,435 had not yet been where the Head of State is the Speaking at the Awards Gala “I must commend the Chamber Mines Chief Executive Officer, rescue team also received remitted and funds in amounts first person to defend wrong in a speech read for her by of Mines for introducing Johan Jansen expressed individual medals for wining the totalling K1,164,687 meant doing by government officials, finance minister Felix Mutati, these awards to promote and happiness that the company’s 2017 Mine Rescue Competition. to cater for operations at the corruption, abuse, and theft Vice President Inonge Wina recognise best practice in investments and efforts were Mopani Copper Mines Plc Provincial Education Offices of public resources becomes who graced the occasion the industry, particularly in being recognised and said that earned the same industry-wide (PEOs), District Education the order of the day as was commended Mopani for promoting mine safety and his team was determined to recognition in 2015 for the 2014 Board Offices (DEBOs) and witnessed when citizens called working hard to uphold best women participation in the turn Mopani into a world-class mining company of the year and Secondary Schools for March for investigations into the practices in the mining industry. industry. This is as it should mining operation by the year also in 2014 at the inaugural and June 2016 had also not procurement of fire engines The Vice President alsobe and it is a mark of the good 2023. award Gala for the year 2013. been remitted as at 31st at $1million dollars each. challenged Mopani to play leadership you have shown as a “We are set to turn Mopani into However, the Chamber did not August 2017 and the funds As a result of being seen to a pivotal role in accelerating Chamber and the entire team,” a world-class mining operation hold the awards Gala in 2016 for had been used at the Ministry be shielding those allegedly copper production in Zambia. said the Vice-President. by 2023, hence, we have invested the 2015 mining company of the involved in corruption, “As government, we want to And Chamber of Mines over US$4 billion in addressing year. headquarters.” 4. Local News Monday November 6, 2017 A proper interpretation of the law disqualifies Lungu for 2021 - Chipimo From front page whether or not the President actually need you to explore ‘I can’t disturb the status quo what is the role of LAZ and say. But you’ll notice that in Speaking when he featured on may or may not be accepted. this issue [of President Lungu’s even if I know that the law what we expect of them, the voices that are trying to Muvi TV’s The Assignment Strategy one was to throw out eligibility in 2021] in the most says this, I can’t decide in that when it comes to protecting a criticise LAZ, they’ve not been programme yesterday, all these satellite PF parties and adventurous way possible – way. I actually think that they Constitution that they swore able to actually pinpoint what Chipimo said the Constitution get them to bring a case before not out of speculation, not should be adventurous and to protect. Everyone of us it is that is wrong about the was clear that anyone who had the Constitutional Court and because you are just trying to I’m thankful that we have in that signs up to become a statement that was made by the twice held office could not run see how they can sort out this do something new, not because Kenya a Supreme Court that lawyer, that’s what you do and Law Association of Zambia. again. matter in advance. Strategy you want to do a copy cut but has decided to take a bold step we expect the same from the I commend them; they have “The argument for Edgar Lungu two was to get the President because you should be free. forward.” President. So, it should really been very brave and they must standing again is that look, he involved because, for some Be free in your mind [and] Meanwhile, Chipimo be the President himself who stick to their guns. This is was just finishing off that term reason, they might have picked that’s the way I look at this commended LAZ for taking a is issuing the calming voice to something that we are doing when Mr Sata died. So, it wasn’t some information that maybe issue – not to be intimidated principled stance. those who are trying to fight not for our sake, this is for the really a full term. So, really his this thing may not go in the to conclude this matter in a “LAZ has actually taken a against LAZ,” said Chipimo. future, this is for our children first term starts when he was way in which they are hoping. manner that might harm those very principled stance and “LAZ has never changed! It’s and our children’s children. himself genuinely elected, not Strategy three which may have in high offices. If they decide I understand that there are always the case when you have a Somebody is going to ask a on the basis of fulfilling the always been in the background otherwise, well, that’s fine; they those who feel that perhaps situation when the government question; ‘how did we allow uncompleted term of Michael is ‘can we find a way to amend should just be able to justify they behave in a manner that is in power seems to believe that this to happen, were there no Sata. Now, the argument is the Constitution cleverly to what the decision is. But I think always unfair to the PF and so everybody should simply bow voices that were ready to stand that it was an incomplete term. clear up this problem’ and for too long, we’ve remained on. But really, it’s just as a result down to their will and simply up and speak truthfully? I want [But] the problem with that this is where the vigilance is in this situation where we feel of not really understanding accept everything that they to be on that list!” argument and this is the fatal required from every single one aspect of this whole thing…the of us. It is possible [to amend provision in the Constitution the Constitution] because they doesn’t say a person who has have the numbers in Parliament served two terms [but] it says that they could try and slip Sleeping Lusaka Mayor a person who has twice held through an amendment which office,” Chipimo said. clears this up and changes “You see, if I’m elected today those provisions I’m talking and then after three months I about of holding office and sparks social media frenzy resign or I’m impeached or I serving a term,” Chipimo said. die, I have held office. I may not “But the one strategy that you have served a term but I held may find does not work in office and the restriction is not your favour is one which relies about a person who has served on people feeling as though two terms – the restriction is they’ve been manipulated in very clear [and] it says a person order to just help one man stay who has held office. It does not in power and we saw this with matter the duration; it doesn’t the third term. I believe that matter whether it was two we’ll see this again should there days, three months, 18 months, be any attempt to undermine absolutely it doesn’t matter. the democratic will of the They (PF functionaries) have people by getting Parliament, finally come to a realisation through the majority numbers, that this is the interpretation to amend this Constitution to that seems the most sensible facilitate what would effectively one when you just look at what be yet another term for this the law says.” President.” He said the terminology of He observed that President the Constitution was very Lungu’s statement was important. threatening but urged “It is not about a term but ConCourt judges to stand firm. it is about ‘held office’ and “There is a very veiled threat those are two very distinct in there, saying that ‘we are issues within the Constitution. keeping tabs on you, we know Therefore, those arguing that what you are saying, we know President Lungu is eligible are who you are talking to, we really arguing from no legal know what you are thinking basis and it is not possible, about doing.’ I remember there on a proper interpretation of was a time when late president this Constitution, for him to Michael Sata used to use this run again in 2021,” Chipimo similar tactic; he would say insisted. ‘I know what goes on in your He also urged citizens to be bedroom.’ When you start to alert because the PF could push make statements like that, you CHALLENGE ACCEPTED: Former Economics Association of Zambia National Secretary Herryman Moono (top) to amend the Constitution just put people on high alert. So, imitates Lusaka Mayor Wilson Kalumba today to keep President Lungu in you have a problem here where power. somebody will feel afraid From front page sanitation, trading places, am sure if he were to stand But Kalumba, in a separate “One of the things that I always because it’s almost like saying Emmanuel Kansamba wrote: clean water, street kids, and so again, no one not even himself interview defended his like to do is to think about ‘we have a file on you and if you “This man, no wonder wherever forth. This city needs someone can vote for him.” move, saying the kiosks were different options and scenarios decide this matter in a manner there is decision making he above academic qualification, Meanwhile, Zulu called News unlicensed. and I think that one thing that that I’ll not be happy about, comes with stupid ideas. How, otherwise they will be getting Diggers! to complain about “Those haven’t been licensed most people haven’t yet started then some of this information honestly can you develop as a salaries just to warm the seat.” Kalumba’s decision to remove by the council. They haven’t to talk about but they will start will be exposed.’ That is very country having useless people Weston George Mubanga wrote: MTN kiosks. been licensed, they haven’t to talk about it, it’s just a matter problematic,” Chipimo said. like Lusaka Mayor. Because no “This photo should be put on “We came to know that Lusaka paid business levy, so basically of time; we have to watch the “The way in which I have one can challenge me, he slept Billboards as you enter Lusaka.” Council police demolished a they are operating in breach of PF very carefully because they looked at this issue is that because there was nothing to do. Douglas Randy Mwale wrote: lot of kiosks meaning a lot of council rules on business levy. I are not sitting around just Constitutional Court judges, Lusaka has got lots of problems; “Ba mayor batu, nothing he people working for Zoona, have already engaged the phone waiting for a chance to see please be adventurous. We accommodation, garbage, knows, he is just day-dreams, MTN, Airtel will have no source companies and they agreed that of income. The best that the they are in the wrong because council can do is to impeach they are allowing their agents him [Kalumba]. Let them cast a to operate without complying,” MISA re-elects Helen as its chairperson vote of no confidence. We have said Kalumba. Diggers Reporter is not divided. What we shall be preaching that the defence forces,” said Pondamali. reached a point where, there “So what we have agreed with Helen Mwale has retained her seat as MISA from now on is reconciliation, transparency “I will continue working in the media are no jobs in Zambia because them is that they are going to Zambia chairperson in a landslide victory and integrity. We are not politicians. We are fraternity and see how best my services can money transfer is one way of ensure that their agents pay against contender Wilson Pondamali at the professionals who should lead objectively, in be appreciated fighting for journalists’ rights creating employment directly the business levy and in future 19th Annual General Meeting (AGM) held a professional manner and with integrity,” and seeing to it that we have press freedom.” or indirectly,” said Zulu. the phone companies will be at Cresta Golfview Hotel in Lusaka. said Mwale. The position of vice chairperson was scooped “The people manning those paying directly on behalf of Returning officer Clement Zulu from But losing candidate Pondamali described by Hyde Haguta with 103 votes beating Besa kiosks are earning a living the agents because there is FODEP declared Mwale duly elected shortly the elections as a sham, citing breach of the Kyanamina who polled 34 votes. out of those kiosks but today also the issue of these agents before 20:00 hours after polling 103 votes constitution. Meanwhile, all the three committee we have demolished them producing fake receipts issued against Pondamali’s 33 votes yesterday. “Elections have been held but they were a members went through unopposed. yet we are failing to demolish by whoever, to the phone In a speech after being declared winner, sham because some people that have been The committee members are Martin Akende billboards that are a source of companies pretending to have Mwale committed to promote reconciliation, admitted in the National Governing Council (Editor, Millennium radio), Veronica road accidents on many roads been issued by the council or transparency, integrity and continuity. (NGC) do not qualify. The fact that they have Mwaba (founder and CEO of Dziwa Science in Lusaka. So for me I condemn another authority. What we “I am dedicating this win to all of you and been allowed to contest is an assault on the and Technology Media) and lastly Father that and it is my prayer that the do as local authorities, even in my two daughters Mwamba and Mubanga constitution and this kills the fibre of society. Barnabas Simatende (Director, Oblate Radio councillors can move a vote of other businesses if they don’t for praying for me. We are a team. MISA A compromised media is more dangerous Liseli). no confidence in him.” pay we close them down.” Monday November 6, 2017 Local News. 5

From front page “I do not know how anyone with average intelligence A person with average intelligence can’t can interpret what President Lungu said as meaning anything other than threats and intimidation against defend Lungu’s threats on judges - Ndulo the Judiciary. One would have thought that it is better understanding of the issues in the most degenerate the lessons of history; too blinded by the allure statutes to carry out its duties to admit wrongdoing or at hand,” Prof Ndulo stated. manner anybody who because it is not unusual for of primordial prejudices in a democratic society. Its keep quite than to talk and “As for the Presidents criticised Lungu over his those who fete the tiger to to see the grievous harm powers are imprescriptible so reveal your mediocrity surrogates who immediately remarks, it is best to ignore become the tiger’s ultimate being done to democracy to the extent that they are and grossly shallow went into top gear to attack them. They should learn feast. These supporters are in Zambia today. Nothing prescribed by constitutional else can explain the cant and provisions. Nothing, even cascading absurdities being the widest discretionary mobilised by these hirelings executive powers can whittle in support of Lungu’s attack down this independence of on the Judiciary.” the judiciary. It is therefore, Prof Ndulo said President sufficiently an erosion of Lungu’s “contemptuous the judicial foundations of threatening” remarks against democracy for the President the judiciary were a textbook to dishonor and make exemplar of dictatorships. contemptuous threatening “I write to support the remarks about the judiciary. position of Elias Chipimo It is the textbook exemplar of and the Law Association dictatorships – first of all kill of Zambia in their all the lawyers, second jail all condemnation of President the opposing voices, declare Lungu’s irresponsible attacks emergencies and in all these on the judiciary. This attack, co-opt the judiciary or send I dare say, is yet another the judges to Auschwitz.” frontier in the creeping He wondered if President dictatorship and arrogance Lungu understood the of power by the President in jurisprudence of the Kenyan Zambia. The attack on the court decision. judiciary is irresponsible “His remarks are not only and for a lawyer, it is ill-conceived and ignorant inconceivable to do so. but simplistic because they Hence, it is my view that focus on the result and do this is a deliberate attempt not seek to understand to further undermine the the jurisprudence of the essential foundations of the Kenyan decision and do not rule of law and justice in enlighten us as to what in his Zambia. It is particularly view is wrong legally with puzzling and indeed puerile the Kenya Supreme Court that a lawyer could equate decision. Additionally, his party regulations for standing understanding of Kenya’s for party presidency with history is at best selective constitutional provisions for it is the same Kenyan Police serving PF, not the country - Mbangweta that govern the presidency. Supreme Court, and the same Zondiwe Mbewe democracy, the law does not rules which are applied fairly, across the board and not The first is governed by a Kenyan judges, that decided Nkeyema UPND member only favour those who serve consistently and across the only apply to the biggest party document and the for [Uhuru] Kenyatta in the of parliament Kapelwa in government. board. If we do that, we political party, UPND under other by the grundnorm of 2013 election petition,” Prof Mbangweta says the Zambia “Being in the ruling will have no conflicts. The HH. It shouldn’t be like that. the state – the Constitution. Ndulo said. Police has abandoned its party which has formed challenges will arise but we It should also apply to the It is rather elementary He encouraged the judges in call to serve the nation and government does not give will be able to resolve them,” PF. The PF are able to hold even for those with basic Zambia to remain resolute. is now serving the ruling you the right to be above said Mbangweta. their meetings and rallies at knowledge of civics that “The “Judges will never win the Patriotic Front. the law. This law and “Our position is to their desired time. How are principle of the separation of respect and trust of citizens Speaking when he featured Constitution is what the encourage the PF to make they able to do that? The PF powers is the bedrock upon if they are subject to corrupt on News Feedback program Zambian people want and sure that they comply with cadres are even capable of which the requirement of influences. Whenever a judge on Pan African Radio wanted. And so you people the rule of law. Let’s be fair threatening the police that judicial independence and makes a decision for personal yesterday, Mbangweta said who end up in government to each other even if we ‘if this rally is going to be impartiality are founded,” gain, or to carry favor, or to the police were selective in must not hijack what the are competing. We must held, somebody will go back Prof Ndulo said. avoid censure, that judge the application of the law. Zambian people have listen carefully to each other home in a wheelchair’ and “The Judiciary is not a junior and that act denigrates the “The police have forgotten agreed that should apply to because those differentnothing happens. The issue partner in the machinery rule of law. Further judicial that they should serve all of them. Democracy is good perspectives and diversity is is that the PF should comply of state because it has full accountability advances us. They have chosen to serve for Zambia. We can have what is supposed to enrich with the rule of law but we plenitude of powers under judicial competence,” said a few which is a violation of different perspectives, its our society. If there were have seen that they have got our constitution. First of acceptable, but lets have challenges, they must be difficulties to do that.” the constitution and other Prof Ndulo. all, the police are funded by the public, ourselves. Their mandate is to keep law and order. Secondly, the police Poor land administration will cost Zambia must be professional by implementing the rules and regulations as approved by the competent authorities space for development - Auditor General in our country because these rules reflect what Linda Jere Further, the administration information on the extent of on F/3153, MpandeForest and fully functional within Lusaka the Zambian people want. The Auditor General says if circular does not have force the problem was not provided. others; Chieftainess Mungule due to a number of challenges. The police must not be the Ministry of Lands does not of law and therefore does not In response, the Ministry and vs Ministry of Lands on It was usually not possible to selective. The police must be sufficiently regulate the system compel the local authorities to councils attributed this to, Chisamba forest( Kamaila circuit are members are part- professional to do what they of land alienation, Zambia will adhere to the procedures stated among other factors, poor area) and Chief Chiwala time and had other duties to are supposed to do without have a shortage of land for therein,” the Auditor General record keeping and transfers VsNdola City Council, where attend to, compounded by any hindrance,” Mbangweta future development. stated. of council offers. For example, the chief is disputing the inadequate resources for travel said. In the Report of the Auditor “The current situation if not Kafue district KAF/1104 and boundary with the city.” and allowances for circuiting “The typical example of General on Government’s addressed could escalate into KAF/1750 which are on offer However, he observed that the members,” stated the Auditor those in authority found Efforts to Ensure Access to a situation where there will were recommended to other measures government had put General. wanting is when they Land in an Effective Manner, be no land available for future applicants by the council,” the in place to settle disputes and Meanwhile, the Auditor said ‘UPND should not the Auditor General noted that development in the country. Auditor General stated. curb illegal land activities were General observed that the hold a rally on a Sunday the system of land alienation Our water table will be eroded “The audit established that there centralised around Lusaka.” criteria of land allocation because there is cholera was not sufficiently regulated. or contaminated making it was insufficient information The Auditor General stated marginalized the poor. in Kanyama...’ That is fine, “The Ministry of Lands, expensive for government to on quantities of land held that the measures put in place “The criteria used in allocation but the point is, two days Natural Resources and provide basic needs such as under customary and state to resolve land disputes were of land was in conflict with the later, they themselves called Environmental Protection has clean water and sanitation for tenure, resulting in conflicts not sufficient. objective of equitable access people including us in not been effective in managing its citizens.” and disputes. These included “The government has put to land by ordinary citizens. UPND to go and congregate the process of land alienation The report further revealed that encroachments on National in place measures to settle Only applicants that were able in the show grounds. Surely in Zambia. The system of land there were double allocations Protected areas like National disputes and curb illegal land to provide a bank statement, does that make sense? Is it alienation is not sufficiently of plots in all councils but Forests, National Parks and activities in the country such as pay slip of proof of residence in line with the requirement regulated by adequate policy, information on the extent of other Government properties the Land Tribunal and Lands are preferred in the allocation of our constitution on the laws and regulations to the problem was not provided. by surrounding villages. Task Force, however, these of land. This marginalizes issue of discrimination and meet the needs of various “There were instances of For example, Chieftainess efforts are centralised around the less privileged as they are equity?” stakeholders in ensuring double allocation of plots NkomeshyaVs Mikango Lusaka. The audit established unable to provide the formal Mbangweta said in a effective land alienation.in all councils although Barracks/Ministry of Lands that this measure has not been requirements,” read the report. 6. Local/Business News Monday November 6, 2017

Speaker of the National Assembly Dr Patrick Matibini during the launching of the public financial management handbook at parliament building on November 1, 2017 - Picture by Tenson Mkhala Govt reforms have made it easy to do business in Zambia Commerce PS From front page improvements in terms of But the World bank global taxes because paying used to educators group says Zambia be done manually but now needs to improve on the aspect that everything is done online, of insolvency and its electricity all the taxes are done online. supply systems if the country So this reform is one of the is to thrive in cross boarder major reforms which was also trade, saying electricity was an accounted as a key reform for essential component in doing Zambia. business. Meanwhile, World Bank Speaking at a media briefing global educators group acting in Lusaka today, Ministry director Rita Ramalho said of Commerce Permanent there were a number of areas Secretary Kayula Siame in which Zambia needed to said the country had made improve. significant improvements in “There are a few areas that creating a business friendly Zambia doesn’t perform as well environment, hence being and one of them is an area that ranked in the top 10 global was actually recently reformed reformers. then there was a significant “On October 31st, 2017, the improvement but there is still 2018 doing business report a lot that needs to be done and was launched and as you know this is in the area of trading this is a report that looks at across boarders, there is still how countries in the world room for improvement. Then are doing in terms of doing the other area is the aspect of business and for Zambia resolving insolvency but then it was very good because I am happy to hear just a few we have made significant minutes ago that there is an improvements in the area of insolvency Act that is going and would be very useful for for businesses to be able to areas. There is a variation for fundamental for the country to trade and we are now ranked in to Parliament, so hopefully Zambia to improve, is getting operate, to have a reliable and the country in terms of job succeed in business. So those the top 10 global reformers of that would contribute towards electricity and getting rid of consistent supply of electricity,” creation, so probably you may are some of the efforts that we the world, those that have made getting Zambia improving that the power outage problems. said Ramalho. need trading across boarders, think Zambia needs to make to significant improvements in particular area. And another Though I also heard recently “So about those three areas it’s very good for the country terms of business regulation. area that we would also classify that the frequency of power at least as I was informed to be getting goods in and out improve on its doing business We also made this significant probably as the third area outages has become less of a this morning that there is an of both for exports and import aspect, otherwise the progress improvement, we moved from which actually makes sense problem. Electricity is crucial action of improvement in two and so getting electricity is very made so far is commendable.” 98 to now we are at 85 and that puts us 6th in Africa 4th By Mukosha Funga in COMESA and 4th in SADC NGOCC board chairperson and I think as a government Sara Longwe says President Lungu’s warning to judges symptomatic of we are really pleased that Edgar Lungu’s recent statement we could have made these about ConCourt judges is improvements and this didn’t symptomatic of power hungry power hungry African leaders – NGOCC happen by accident but really African leaders who want to Lungu against the ConCourt Zambian court judges who are to interpret the Constitution recent statement by the it’s because of the business cling to power at all costs. judges. In this statement, made collaborating with a section of in his favour and even seems Law Association of Zambia environment reforms that we In a statement today, Longwe while addressing his political the international community to warn of some unspecified demanding that the President are undertaking as a country condemned President Lungu’s party members in Solwezi to bar him from standing in sanction if the ConCourt rules stops this unconstitutional in various areas,” said Siame. intimidating statement noting on Thursday, 2nd November, the 2021 election. This is a against him. The statement is interference with our courts “We have a number of agencies that are implementing a that it was meant to put undue 2017, the President presumed clear and grievous breach of symptomatic of the growing of law. Instead we suggest that number of reforms that pressure on the Judiciary. to instruct ConCourt on the constitutional principle trend by power hungry African the President should spend affect the way business is “The Non-Governmentalhow it should take decisions of the separation of power leaders who want to cling to more of his time on improving done in Zambia and all these Organisations Coordinating on a crucial constitutional between the executive and the power at whatever cost.” the living conditions of all the working together were able Council (NGOCC) condemns matter that is currently before judiciary,” Longwe stated. She advised the Head of State women and children in this to at least, make significant in the strongest terms the the Court. The President’s “The president’s statement to spend more time bettering country who currently live improvements in a number intimidating statement statement went further is obviously intended to put the lives of the people. in deplorable and desperate of reforms. We also had attributed to President Edgar to suggest that there were undue pressure on the Judiciary “We therefore support the conditions,” stated Longwe. Monday November 6, 2017 Business News. 7 Subversion of the Judiciary By Prof Muna Ndulo the President’s powers. The I write to support the position Court came to this conclusion of Elias Chipimo and the Law notwithstanding the fact that Association of Zambia in their Creeping Dictatorship and all political parties had agreed condemnation of President that the President should have Lungu’s irresponsible attacks the power to do what he did. on the judiciary. This attack, In a remarkable display of I dare say, is yet another Arrogance of Power in Zambia leadership, the same day of the frontier in the creeping court’s decision, Mr. Mandela dictatorship and arrogance Acton, “That power corrupts on Democracy, Elections subservience to the executive. law has always been and still rushed to the television and of power by the President and absolute power corrupts and Governance (ACDEG) I hope Parliamentarians is an honest, able, learned, radio stations and declared in Zambia. This is an epic absolutely.” President Lungu adopted by the African Union recognize the duty incumbent and independent judiciary” that, while he had signed the depiction unbridled ambition betrays the judiciary when (AU) in 2007 to promote on them to preserve (Nwabueze, 1993:189). proclamation believing that for power – reminiscent of he implies that the judiciary democracy, rule of law and democracy for the people. The maintenance of an he had the power to do so, the Shakespearean depiction is independent only when basic human rights declares in The clear abdication of duty independent and accountable he respected the decision of of such characters as its rulings favor him or the article 5 that “state parties shall seems to have bloated the judiciary is fundamental to the constitutional court and Macbeth who are ready to government. He confirmed take all appropriate measures hubris being orchestrated by constitutionalism and the appealed to all concerned to destroy even what they have this by his warning to the to ensure constitutional rule, the President. protection of human rights. similarly accept the court’s the constitutional duty to judiciary “not to follow particularly constitutional Integral to the rule of law decision. As George Bizos has protect so long it helps their Kenya.” This is sheer hubris. transfer of power”. It defines In a democracy a cardinal and constitutionalism is the lamented: “What a pity that appropriation of state powers. His remarks are not only ill- unconstitutional change of principle of justice is that no doctrine of the separation many African leaders do not The attack on the judiciary is conceived and ignorant but Government in article 3 as; “(a) judge, no lawyer and no citizen of powers. In democratic follow this example” (Bizos, irresponsible and for a lawyer, simplistic because they focus any refusal by an incumbent should be above the law, let states, courts are asked to 2011). it is inconceivable to do so. on the result and do not seek to government to relinquish alone be beyond the law. The review government’s acts for Some in the Government Hence, it is my view that understand the jurisprudence power to the winning party judiciary in a democracy is compliance with fundamental would argue that the power this is a deliberate attempt of the Kenyan decision and do or candidate after free, central to constitutionalism, rights. vested in the judiciary to to further undermine the not enlighten us as to what in fair and regular elections; the protection of the rule of Moreover, such a review being set aside the laws made by essential foundations of the his view is wrong legally with or (b) any amendment or law and the protection of at the instance of an individual a legislature constitutes a rule of law and justice in the Kenya Supreme Court revision of the constitution human rights and freedoms. assures personal participation subversion of democracy. In Zambia. It is particularly decision. Additionally, his or legal instruments which It is also an essential check and in government. In the famous response, I would draw upon puzzling and indeed puerile understanding of Kenya’s is an infringement on the balance on the other branches case of Marbury v. Madison the words of the Constitutional that a lawyer could equate history is at best selective principles of democratic of government, ensuring (1803), Chief Justice Marshall Court of South Africa in the party regulations for standing for it is the same Kenyan change of government.” In that laws of parliament and observed: “It is emphatically case involving a challenge to for party presidency with Supreme Court, and the most countries, the Minister acts of the executive comply the province and the duty of the Presidential appointment constitutional provisions same Kenyan judges, that of Justice would have with the constitution and the the judicial department to say of Simelane as head of the that govern the presidency. decided for Kenyatta in the sprung to the defense of the rule of law. As once noted by what the law is. Those who South African National The first is governed by a 2013 election petition. The judiciary. Members of the Alfred Deakin – Australia’s apply the rule of particular Prosecution Authority – party document and the emergence of a strong and judiciary are not members of first Attorney-General – “the cases must of necessity Democratic Alliance v. The other by the grundnorm of independent judiciary in the Parliament and cannot courts are the final authority expound and interpret the President of South Africa and the state –the Constitution. Kenya is rooted in its history therefore defend themselves on the interpretation of law. A law repugnant to the Others (2012), (which in turn It is rather elementary and willingness to learn from in Parliament. Judicial ethics the constitution. Thus, the constitution is void. Courts as quoted former Chief Justice even for those with basic the past. The absence of an do not allow them to speak Australian High Court he well as other departments are Mahomed’s words to the knowledge of civics that “The independent judiciary was to the press about judicial noted should be made “a bound by that instrument.” International Commission of principle of the separation of a critical factor in Kenya’s matters. Representing them most potent voice.” It was The courts are the guardians Jurists): powers is the bedrock upon degeneration into bloody, in Parliament is the task of the to determine the powers of fundamental rights That argument is, I think, which the requirement of post-election violence after Minister of Justice. of the Commonwealth, the and provide a forum for based on a demonstrable judicial independence and the December 2007 general Unfortunately, the current powers of the states, and the public debate so that the fallacy. The legislature has impartiality are founded” elections. That episode taught Minister of Justice, a validity of the legislation.” exercise of public power no mandate to make a law (International Commission of the Kenyans the importance non-lawyer, is out of his (Ponnambalam, 1998, 38). by democratically elected which transgresses the powers Jurists, 2004). The Judiciary of an independent judiciary. depth. His naïve and persons remains accountable. vested in it in terms of the is not a junior partner in the As for the Presidents rhetorical comments on the Rule of Law and Democratic Judges’ interpretations of Constitution. Its mandate machinery of state because it surrogates who immediately Constitution making process Governance the constitution and other is to make only those laws has full plenitude of powers went into top gear to attack in expose his limitations in The “rule of law” is one of laws support the rule of law permitted by the constitution under the constitution and the most degenerate manner his understanding of legal the most important political and constitutionalism. Only and to defer to the judgment other statutes to carry out its anybody who criticized Lungu issues. The current speaker and legal conceptions in an independent judiciary of the court, any conflict duties in a democratic society. over his remarks, it is best of Parliament – though a democratic governance. The can effectively reviewgenerated by an enactment Its powers are imprescriptible to ignore them. They should lawyer has abandoned all concept assumes the existence governmental acts and ensure challenged on constitutional to the extent that they are learn the lessons of history; pretense to respect for the of inalienable rights and the constitutional guarantee grounds. If it does make prescribed by constitutional because it is not unusual for law and constitutionalism for liberties which government of human rights. laws which transgress its provisions. Nothing, even the those who fete the tiger to political opportunism – is should not touch or violate. It The executive must at all times constitutional mandate or widest discretionary executive become the tiger’s ultimate unable to guide the Minister. is comprised of the following support the independence of if it refuses to defer to the powers can whittle down this feast. These supporters are His behavior eloquently basic principles: that all state the judiciary. judgment of the court on any independence of the judiciary. too blinded by the allure proves the point made by power ought to be exercised About a year after Nelson challenge to such laws, it is in It is therefore, sufficiently of primordial prejudices Alexander Hamilton, one under the authority of laws, Mandela became President, breach of its own mandate. an erosion of the judicial to see the grievous harm of the most prominent and that there should be rules the Constitutional Court of The court has a constitutional foundations of democracy being done to democracy of the founders of the US of law governing the election South Africa heard an urgent right and duty to say so for the President to dishonor in Zambia today. Nothing constitution, concerning and appointment of those application [The Executive and it protects the very and make contemptuous else can explain the cant and the supremacy of the US who make and execute policy, Council of Western Cape essence of a constitutional threatening remarks about cascading absurdities being constitution. Among other as well as the manner in Legislature and Others v. democracy when it does. A the judiciary. It is the textbook mobilized by these hirelings in things Hamilton said: “To which policies are made and President of South Africa democratic legislature does exemplar of dictatorships – support of Lungu’s attack on avoid an arbitrary discretion executed. It demands, that and Others, Constitutional not have the option to ignore, first of all kill all the lawyers, the Judiciary. I do not know in the courts (I would add policies be executed in such Court of South Africa, (1995) defy or subvert the court second jail all the opposing how anyone with average Speakers of Parliaments), it is a way as to ensure rationality challenging legislation that (Constitutional Court, 2011). voices, declare emergencies intelligence can interpret indispensable that they should and fairness. The rule of purported to confer powers The same observations are and in all these co-opt the what President Lungu said be bound down by strict rules law connotes the use of state on the President to legislate, valid for the executive branch. judiciary or send the judges as meaning anything other and precedents…..These mast power, through rules of law which President Mandela It too lacks a mandate beyond to Auschwitz. Does it sound than threats and intimidation demand long and laborious for the establishment of the did by way of proclamations. that which is granted to it familiar with the catastrophes against the Judiciary. One study, to acquire a competent economic and social system The proclamations dealt with by the constitution. The of dictatorships we have seen would have thought that it is knowledge of them. Hence it agreed upon by the people via the vital local government executive can only do what it is before? better to admit wrongdoing is that there can be but few constitutionally sanctioned elections that were soon to authorized by the constitution Now, was it perhaps the or keep quite than to talk and men in the society, who will representative institutions or be held. An application was to do. The determination of failure of the legal education so reveal your mediocrity and have sufficient skill in the laws other acceptable surrogates. brought on the basis that the whether an executive action institutions that have led to grossly shallow understanding to qualify them for the stations It calls for governance legislature may not empower is constitutional is a judicial this? I doubt. Education is of the issues at hand. of judges. And making the in accordance with the the President to legislate and, matter – in other words, it the development of an entire For the avoidance of doubt, proper deductions for the constitution. All power, to the extent that the President is a matter constitutionally person. It is the acquisition of threats to hold on to power ordinary depravity of human whether of Parliament, the purported to do so, he acted in left to the courts to decide. skills to view things rationally regardless of the Constitution nature, the number must be executive or the courts, must conflict with the Constitution. Executive actions are, and with reason, to conduct and court rulings borders still smaller of those who be exercised in accordance Mr. Mandela was named as therefore, properly subject to oneself with civility and on a conspiracy to commit unite the requisite integrity with the constitution, which is one of the respondents. The judicial review to determine integrity and to navigate the treason. It violates the oaths with the requisite knowledge”. the final word on the powers challenge was successful. The their compliance with the world through a knowledge- of office subscribed to by The speaker does not possess and roles of each branch. Court held that the provision constitution. This process based lens. If education was all public office holders the requisite integrity and As Nwabueze has observed: purporting to empower the of checks and balances to blame many of us would in Zambia including the requisite knowledge. He “Liberty implies the President to enact legislation among the branches of be complicit having served President. Indeed, treasonable seems to fit into the category limitation of power by law was inconsistent with the government supports the rule as law educators for decades. conduct, has always included of those representatives and the one institution above constitution; enacting of law, constitutionalism and It is then that I reminded unconstitutional retention of who can destroy democracy all others essential to the legislation was a function of democratic governance. myself of the words of Lord power. The African Charter through their obeisance and preservation of the rule of Parliament and not within Continues on page 8 8. Opinion Monday November 6, 2017 Lungu is vomiting what President Edgar Lungu is right that if the Constitutional Court declares him ineligible to stand in 2021, there will be chaos. We totally agree with the Head of State, and in fact this is what we warned he ate in the nightpretext of preventing political about in our editorial opinion turmoil. This is what they did titled “Let’s discuss Lungu’s to Dr Guy Scott during the successor now”. “Acting President” dispute In our opinion, we said following Michael Sata’s death. “those in the Patriotic Front But should the judges choose can choose to bury their heads to be adventurous and show in the sand and pretend that President Lungu the end of it is too early to table the PF the tunnel – which they can succession, but the truth of the because not all of them are matter is that ‘who succeeds Lungu?’ is the elephant in puppets – then the Head of the room. Even those in the State should have no one to PF want to know if they will blame but himself. be campaigning for the same We say this because Zambia candidate again, but they is now running on the “Edgar just don’t want to talk about Lungu Constitution”. He is it. They are afraid of being the one who assented to the misunderstood.” amended Constitution in which the presidential tenure We are glad that our Head you hear the President warning disqualified from standing Province they say Nkhalamba information from what should is defined. If he signed without of State has succeeded to draw that what the Kenyan judges again, there will be mayhem ikamina, matenda yakula (when be an independent arm of reading, he should not involve everyone’s attention to this did to Uhuru Kenyata can cause in PF. There will be chaos a village elder visits a patient and government; this happens all the rest of the citizens in his burning issue in a very sincere chaos in Zambia, that is exactly at State House. There will walks away blowing his nose, the time whenever the courts predicament. way. In fact, we shall never get what he means. He knows that be pandemonium among it means the illness is beyond are handling a sensitive political a more honest President than Suggesting that it would those backing his candidature government contractors and PF redemption). We believe that matter. We have heard stories that be unfair to stop him from Mr Edgar Chagwa Lungu – a for 2021 are willing to shed financiers. The fight will not be President Lungu wouldn’t have if they have an interest in a given man of his words. standing for the third time blood in order to protect their over who will lead the country, gone in front of cameras to blow matter, PF lawyers sometimes Several people who have because others like UPND’s interests in government. If we but who will protect them from his nose if his presidency was draft judgments on behalf of made comments on this issue Hakainde Hichilema had were having elections next year the law for the wrongs they are enjoying good health. a sitting judge. This makes it argue that there cannot be contested presidential elections and our Constitutional Court committing today. In Northern Province they very difficult for our learned chaos in Zambia just because five times, made President judges disqualified President This is the chaos that the say Ifyakulya ubushiku fitulikila judges to make independent one man has been disqualified Lungu sound like junta was Lungu today, this country would kumalushi, meaning what from recontesting the country should prepare to see. decisions; decisions which are forcing him to speak. presidency. Our opinion is that be on fire. Opposition political As citizens, we should be eager you eat during the night gets backed by the law. These are the However, if there were no they are wrong and President parties would be drawn in the to witness this chaos in PF exposed from your vomits in abominable conditions under external influences affecting Lungu is right. confusion leading to a real State since they claim to be the most the morning. President Lungu which our Judiciary operates. the President’s reasoning, it You see dear readers, of Emergency. democratic party. We encourage has heard bad news coming out That is why at this stage, we means Mr Lungu is serious President Lungu is a That is why we are very those who have presidential of the Constitutional Court. doubt that the Constitutional about having his face on the sponsored candidate and his excited that President Lungu has ambitions to announce their He swallowed very unpleasant Court judges will handle the ballot papers five times or sponsors have a huge interest shifted his eligibility case into availability as soon as what information under the cover pressure from the Executive. more. How he intends to make in his presidency. There are top gear, four year ahead of the President Lungu has predicted of night that he can’t stomach They are likely to pass a ruling this possible, we don’t know. some businessmen who next elections. This means that comes to pass. That way, any more. Therefore, when he that favors the man who gave But we know that, just like pumped in a lot of money to the chaos President Lungu is Zambians will have ample time travelled to Solwezi, he started them jobs. We actually foresee God in heaven and bus drivers put President Lungu where worried about will be restricted to assess them. vomiting and now the whole a situation where, when push in Lusaka, President Lungu in he is today and these people within the Patriotic Front and A few weeks ago, we would be country knows what he ate. comes to shove, the defence State House is also capable of are not yet done making profit his inner circle. saying this was a very unlikely We are not surprised how chiefs will be involved in making a way where there is from their ‘investment’. When If President Lungu is possibility. But in Eastern President Lungu picked this influencing the judges, on the no way.

From page 7 all indications, such as the assault It is beyond dispute that to sustain on the judiciary, indicates that we a democracy, an independent, are almost there. If we are to stop impartial and upright judiciary this downward descent, we have to is an absolute necessity. insist on the separation of powers Therefore, the constitution, laws Judicial Independence and independence of the judiciary and policies of a country must as non-negotiables. Only a truly ensure that the justice system is Constitutional Court Judgment and outside influence. Thus, the rights, and property of citizens. like everyone else, must accept independent judiciary, free of truly independent from other S. v. Mamabolo (E.T.V. and first endeavor is to protect judicial Judges will never win the respect court decisions until they are pressure from, and indebtedness branches of the state. Judicial others intervening) (2001). In independence from outside and trust of citizens if they are either overturned by a superior to, political parties, public officials, independence is recognized in the words of Justice Krigler: threats, and the second is to ensure subject to corrupt influences. court or through a constitutionally interest groups, and popular many international and regional “In our constitutional order the that judicial authority is not Whenever a judge makes a authorized process. They like whims can be truly accountable to human rights instruments as judiciary is an independent pillar abused and it is the core concern decision for personal gain, or to anyone else are entitled to criticize the public it serves. one of the cornerstones of good of the state, constitutionally of judicial accountability. To carry favor, or to avoid censure, a ruling and examine whether or I conclude with a piece of advice governance. The principle is mandated to exercise the judicial permit judges to be independent that judge and that act denigrates not the ruling is legally sound which is directed at those who also enshrined in all democratic authority of the state fearlessly and means that they must be left alone the rule of law. Further judicial but what is never acceptable is wish to join the judiciary. Take constitutions. It involves two impartially under the doctrine by the other judges, including the accountability advances judicial the making of vague allegations heed of the eternal words as found tenets; (a) judicial power must of the separation of powers. It Chief Justice, to make their own competence. A fundamental value of improper motives for decisions, in the scripture “…you shall not exist as a power separate from stands on an equal footing with decisions. Should superior judges of the rule of law is that judicial personal attacks on the integrity show partiality, and you shall not and independent of, executive the executive and legislature as disagree with a lower court’s decisions are not made arbitrarily, of individual judges or threats accept a bribe, for a bribe blinds and legislative power and (b) pillars of the state.” As Sandra judgment, the appeal process but through a process of reasoned against their personal safety. the wise and subverts the cause judicial power must repose in the Day O’Connor of the US Supreme enables the superior courts to decision making. The rule of law of the righteous. Justice, and only judiciary as a separate organ of Court has similarly observed: have a bite at the case. requires that decisions be justified Conclusion justice you shall follow…” (Deut. government, composed of persons “Judicial independence is the Yet independence comes at a in law, and therefore be reasoned, As Nwabuze has rightly observed 16:19-20). This piece of advice different from and independent of vital mechanism that empowers price e.g. denial of promotions or analytical, rational and non- one of the dangers to the African was given over 3,000 years ago. It those who compose the executive judges to make decisions that may transfers to remote duty stations. arbitrary with respect to general state is the privatization the is as sound today as it was at the and legislature. be unpopular but none the less In spite of such challenges, judges legal standards. Independence, state. The notion of the state time it was given. As the US Supreme Court correct” (O’Connor, 2008). In so and magistrates must recognize integrity and competence, then, under an absolute one-man rule observed in O’ Donoghue v. doing, the judiciary vindicates the that they are duty bound to are the hallmarks of a judiciary being treated by the president United States (1933): principle that no person, or group, provide society with the highest committed to upholding the rule as if it were his or her private If it be important to separate however powerful, is above the possible standards of service and of law and they are the principles state-as if he owned it, with state the several departments of law. commitment, and that a failure to to which a judiciary should be affairs becoming practically government and restrict them to An independent judiciary requires maintain this is rightly a matter held accountable. indistinguishable from the strictly the exercise of their appointed both that individual judges are of public concern. That means Experience has personal affairs of the ruler, with powers, it follows as a logical independent in the exercise of the judiciary and judges must shown that the judicial role of all institutions and powers of corollary, equally important, their powers, and that the judiciary be accountable. Independence interpreting legislation (as well government being absolved in that each department should be as a whole is independent from does not mean that judges can as the constitution) can bring him or her, and with impromptu kept completely independent wrongful interference by the decide cases according to their the courts into conflict with both decisions and actions based of the others-independent not other branches of government. personal preference. To the parliament and the executive and on his or her personal whims in the sense that they shall not As to the independence of contrary, judges have a right and make it the subject of harsh and and caprices being subscribed co-operate to the common individual judges, there are at duty to decide cases before them bitter criticism. Constitutional for regularized government end of carrying into effect the least two avenues for securing according to the law, free from adjudication is inherently decisions-taking processes and purposes of the constitution, but that independence. First, judges fear of reprisals of any kind. controversial and political procedures. And we may add the Muna Ndulo in the sense that the acts of each must be protected from the threat An independent and honorable disputes inevitably enter the undermining of the judiciary so Professor of Law, Cornell shall never be controlled by, or of reprisals, so that fear does not judiciary is indispensable to the judicial arena. Yet it is inimical to that justice is seen to flow from University Law School, subjected, directly or indirectly, direct their decision-making. rule of law. If judges are to be the rule of law if political pressure the president and celebrations Cornell University USA, to, the coercive influence of either Second, the method by which the independent guarantors of is directed towards the judges by of the goodness and greatness of Honorary Professor of Law of the other department . judges are selected, and the ethical the rule of law values, they must those who have not succeeded in the president (equally mandatory Universities of Cape Town, The principle of the separation principles imposed upon them, be incorruptible. Judges are the judicial adjudication or who in the public and private sectors) of powers was further must be constructed so as to entrusted with ultimate decisions wish to influence future decisions. replace other forms of legitimacy. Western Cape and Free underscored in the South African minimize the risk of corruption over the life, freedoms, duties, Parliamentarians and ministers, Perhaps we are not yet there but State, South Africa. Friday November 3, 2017 Lifestyle. 9 Mugabe fires his Vice-President Zimbabwe’s Vice-President Emmerson Mnangagwa has been removed from his post, the country’s information minister says. Mr Mnangagwa, 75, displayed “traits of disloyalty”, Information Minister Simon Khaya Moyo said. His removal makes it more likely that President Robert Mugabe’s wife Grace will follow in her husband’s footsteps as leader of Zimbabwe. She had earlier called on her husband to remove his vice- president. “Mr Mnangagwa’s conduct in discharge of his duties is inconsistent with the responsibilities,” Information Minister Simon Moyo said. “The Vice-President has exhibited traits of disloyalty”, he added. Mr Mnangagwa, a former intelligence chief, had been a leading candidate to succeed President Mugabe. President Robert Mugabe’s wife on Sunday said she is ready to Shooter opens fire in Texas Church, kills 26 succeed her husband as tensions rise in Zimbabwe’s ruling party Twenty six people have been killed after a in the shooting. “We had some first responders in our over who will take over from the country’s ageing leader. gunman opened fire at a church during Mr Pomeroy, who was out of town in church, who immediately left and went “I say to Mr Mugabe you should ... leave me to take over your Sunday services, police say. Oklahoma at the time, described her as "one down there. And then my church went to post,” she said in an address to thousands of indigenous church The attack happened at the First Baptist very beautiful, special child" in a phone call do what we do - we started praying… we followers at a stadium in Harare. Church in Sutherland Springs, a small town to the television outlet. knew the best thing we could do was stay “Have no fear. If you want to give me the job give it to me freely,” in Wilson County, Texas. The gunman died after a brief car chase into out of the way”. Grace Mugabe said. The gunman, who is reported to have been nearby Guadalupe County slightly to the He said people had been told some news killed in the aftermath, entered the church north, a Sherriff's Office deputy from that which was “private and personal for the and opened fire at around 11:30 local time county told CNN. families that are here… we cannot release (17:30 GMT). But it is not clear if he was killed by police or any of that”. Wilson County Commissioner Albert killed himself, the spokesman said. Sutherland Springs is a small rural Gamez Jr said the gunman fled the scene in One witness, Carrie Matula, told NBC community with just a few hundred a vehicle before being killed. News: “We heard semi-automatic gunfire… residents, which lies about 30 miles (50km) "You never expect something like this. My we’re only about 50 yards away from this southeast of the Texas city of San Antonio. heart is broken," Mr Gamez Jr said. church.” The San Antonio FBI branch said its agents Earlier estimates put the death toll as high “This is a very small community, so everyone had been deployed, and there was no as 27. Mr Gamez Jr told CNN he was told by was very curious as to what was going on.” indication of the gunman’s motive. an emergency medical technician at least 27 The pastor and his wife were out of town at The FBI also said that while only one died and 24 others were wounded. the time, the pastor of neighbouring River shooter was reported, it was looking into About 50 people usually attend the service, Oak Church told KSAT 12. other possibilities. locals said. The BBC's James Cook reported “We were in the middle of our church Photos and video from the scene showed that children were among those killed. service down the road when we got phone the area taped off by local law enforcement. The First Baptist Church's pastor, Frank calls from friends about this - and they said A number of helicopters have arrived to Pomeroy, has told ABC News that his there was an active shooter at First Baptist transport the wounded, KSAT 12 reporter 14-year-old daughter, Annabelle, was killed Church,” he said. Max Massey said. BBC News International Consortium of Investigative Journalists names HH in Paradise Papers Nearly 100 media groups Paradise Papers, contains invested in a rent-to-own loan Bermuda, Hichilema told ICIJ extension, any close family stories that look behind the are part of a consortium 13.4m documents, mostly company accused of predatory by phone. member of a PEP, is also a huge offshore trust funds that is investigating how the from one leading firm in tactics. At least 13 allies, major P E P. held by rich and powerful world’s powerful and ultra- offshore finance. donors and Cabinet members HOW DO TYCOONS HIDE people; how prominent wealthy, secretly invest vast BBC Panorama is part of of U.S. President Donald J. MONEY OFFSHORE? LOOK OUT FOR ICIJ political donors in the U.S. amounts of cash in offshore nearly 100 media groups Trump appear, including Anyone who wants to set up LEAKS make use of offshore financial tax havens. investigating the papers. Commerce Secretary Wilbur an offshore enterprise, for any ICIJ and its media partners structures; and reporting on Zambia’s opposition leader As with last year’s Panama Ross’s interests in a shipping reason, must navigate the laws will be publishing multiple tax haven shopping sprees by Hakainde Hichilema has stories in the coming days multinational companies in been named in the latest and weeks, including: Africa and Asia that use shell exposé dubbed “TheTax haven secrets of ultra-rich exposed On Monday afternoon, companies in Mauritius; Paradise Papers”, but with a Papers leak, the documents company that makes millions and regulations of the territory stories on strategies used by And more to come on huge disclaimer about some were obtained by the German from an energy firm whose in question. And for that, they multinational corporations Wednesday, Thursday, Friday of the people named in the newspaper Süddeutsche owners include Russian will need lawyers. to shift profits to low-tax and into the next week. offshore leaks. Zeitung, which called in the President Vladimir Putin’s Enter Appleby is one of a jurisdictions; and a look into ICIJ will also release the There are legitimate uses International Consortium of son-in-law and a sanctioned handful of major international the world of private jets and structured data connected for offshore companies and Investigative Journalists (ICIJ) Russian tycoon. “offshore legal serviceyachts registered by wealthy to the Paradise Papers trusts. We do not intend to to oversee the investigation. The leaked files from Appleby, providers”. owners in offshore tax investigation in the coming suggest or imply that any The Guardian is among the the offshore law firm, include Its business is to help clients, havens; weeks on its Offshore Leaks people, companies or other nearly 100 media partners details of tax planning by be they financial institutions, On Tuesday afternoon, Database. entities included in the ICIJ involved in investigating the nearly 100 multinational global corporations or high- Offshore Leaks Database documents. corporations, including Apple, net-worth individuals, to set have broken the law or Sunday’s revelations form Nike and Uber. up and register companies and otherwise acted improperly. only a small part of a week of trusts in overseas jurisdictions Many people and entities disclosures that will expose WHAT DID ICIJ SAY ABOUT with low or zero tax rates and have the same or similar the tax and financial affairs ZAMBIA’S HICHILEMA? high financial confidentiality. names. We suggest you of some of the hundreds of Hichilema became a director It’s the kind of work which, confirm the identities of people and companies named of a Bermuda company, AfNat inevitably, can lead to any individuals or entities in the data, some with strong Resources Ltd., in March contact with those who have located in the database UK connections. 2006, and he resigned that chequered backgrounds, based on addresses or other Many of the stories August, according to Appleby’s controversial reputations or identifiable information. focus on how politicians, records. AfNat Resources opaque motives. That’s not to multinationals, celebrities and was incorporated in 2005 say the aims of such clients are THE OFFSHORE LEAKS high-net-worth individuals and explored for nickel and not above board. A huge new leak of financial use complex structures of other metals in Zambia and Appleby, like all legal firms in documents has revealed trusts, foundations and shell other African countries. It was this field, uses a term for such how the powerful and ultra- companies to protect their listed on London’s alternative clients and potential clients - wealthy, secretly invest vast cash from tax officials or hide investment market until 2010 politically exposed persons, or amounts of cash in offshore their dealings behind a veil of when it was purchased by PEPs. A PEP is someone with a tax havens. secrecy. Canadian mining company prominent profile - a celebrity Donald Trump’s commerce The Paradise Papers reveal Axmin for about $14 million. of the political, diplomatic, secretary is shown to have a offshore interests and activities Hichilema declined to answer military or judicial worlds - stake in a firm dealing with of more than 120 politicians questions from ICIJ, including who, through their prominent Russians sanctioned by the and world leaders, including about his roles as director. position or influence, is more US. Queen Elizabeth II whose There is nothing illegal about susceptible to being involved The leak, dubbed the private estate indirectly a company registered in in bribery or corruption. By 10. International News Friday November 3, 2017 Kim Kardashian goes shirtless in a suit at film gala Kim Kardashian showcased a daring look Inside the LACMA Art + Film gala, at the 2017 LACMA Art + Film Gala on Kim was photographed talking to fellow Saturday. celebrity guest Jared Leto, who wore a black The Keeping Up With the Kardashians star, suit with a bright floral design and scruffy who is known for her risqué styles, sported beard. a black Tom Ford suit with no shirt, which Other famous guests included pregnant showed major cleavage. She paired the look Victoria’s Secret model and wife of Adam with strappy matching sandals and wore Levine, Behati Prinsloo—who showcased her platinum blond-dyed hair loose. her baby bump in a green, satin patterned Her mother Kris Jenner accompanied her mini dress, fellow model and actress Rosie to the annual event, now in its seventh Huntington-Whiteley—who wore a blue year and presented by Gucci. She also spaghetti strap gown with two bows in dressed in black. Kim's husband Kanye front, Fifty Shades of Grey star Dakota West did not attend the event, which Johnson—who wore a long-sleeve, rose took place a day after the stepped out for pink plunging gown with sparkling a date night in Malibu. The rapper was in embellishments, Kerry Washington—who Chicago on Saturday night, performing sported a green and black striped gown, as a surprise guest of former protégé Kid Salma Hayek—who wore a one-shoulder, Cudi at his concert. It marked Kanye's first sparkling royal blue gown, and Brad Pitt— performance in almost a year—since his who looked dapper in a black suit and hospitalization in late November 2016. colorful striped tie. E!News Kanye West holds firstconcert after ospitalization a year ago Surprise! After almost a canceled tour dates and canceled the remainder year, Yeezy is making a then was hospitalized for of his Saint Pablo tour music comeback! more than a week in late and then admitted Kanye West joined November 2016. Kanye himself to a Los Angeles former protégé Kid Cudi and Kid performed their hospital, where he was onstage at his concert collaboration “Father treated for exhaustion. at the Aragon Ballroom Stretch My Hands Pt. 1,” He was released after Chicago for a surprise from the former rapper’s eight days and then performance on Saturday 2016 Life of Pablo album. continued treatment as an Cudi to his G.O.O.D. company in 2013. Two “the most influential night. It marked Yeezy’s After a series of onstage outpatient. music label in 2008 months before Kanye’s artist of the past 10 years” his first show since he rants, Kanye had Kanye had signed Kid and the rapper left the hospitalization, Kid and later adding, “I just Cudi went on a Twitter wanted to take this time rant about Kanye and out to say Kid Cudi is my Drake, claiming they use brother and I hope he’s Lady Gaga and Christian Carino make ghost songwriters. Kanye doing well.” ranted about Kid Cudi This past August, Page Six in concert, saying he felt reported that the two were “disrespected.” working on a top-secret things official with romantic picture A week later, while project in Japan. The two onstage, Kanye praised have not commented on Kid Cudi, calling him the report.E!News Sam Smith blames Tequila for embarrassing Oscars speech Turns out, tequila was to blame As it turns out, Smith had taken for Sam Smith's 2016 Oscars a few swigs from a pocket flask blunder. filled with tequila before the Appearing on "The Ellen speech. “I wasn’t happy with my DeGeneres Show" Tuesday, performance, and we thought Smith recalled the moment he we had no chance of winning at implied he was the first openly all. So I was just like, ‘Let’s just gay man to win an Oscar at the get the party started,’” he told Academy Awards last year. In Ellen Tuesday. “Then we won, case you've forgotten, the pop and I was just like, ‘Whoa.’” singer misquoted Ian McKellen Noting that he “obviously” during his speech while picking knew he wasn’t the first openly up the Best Original Song gay man to win an Oscar, Smith award for "Writing's on the explained, “My brain and my Wall" from the James Bond mouth didn’t work together. I film, "Spectre." mucked up.” "I read an article a few months At first, Smith responded to the ago by Sir Ian McKellen, and controversy that followed his he said that no openly gay man remarks by taking an extended had ever won an Oscar," he told break from social media and the crowd at the time. "If this retreating to his native England. is the case — even if it isn't the That self-imposed hiatus, he case — I want to dedicate this to the LGBT community all added, was necessary as he around the world." began work on his forthcoming Unfortunately for Smith, album, “The Thrill of It All.” McKellen had been referencing “After the Oscar, I just really Looks like Lady Gaga is playing the love game. Gaga also shared the same photo on her relationship rumors when they were spotted the fact that no openly gay man needed to hug my mom The “Joanne” singer made things official with Instagram Stories with the “Sunday Funday” kissing and taking photos with each other on had won the Oscar for Best and just be with my sisters boyfriend and agent Christian Carino on filter, writing “Night night” at the top of the the field before her Super Bowl halftime show and go back home,” he said. social media Sunday by taking a page out of photo. She later posted a Boomerang video Actor. Other gay men including Noting that he’s currently in a “The Notebook.” on Instagram that showed her blowing the in February. Stephen Sondheim, Elton John The couple posed for a stunning picture with camera kiss. Carino, who previously dated actress Lauren and Dustin Lance Black had relationship, he added, “I did Carino holding a bikini-clad Gaga in his arms. After ending her engagement with actor Cohan of “The Walking Dead,” represents previously been honored by the kiss a few men and ran around the streets of London, had a The two gaze lovingly into each other’s eyes Taylor Kinney in July 2016, Gaga has stayed Gaga at the Creative Artists Agency, as well as Academy in other categories. as a sun sets behind them in the picturesque mum on her private life, focusing instead on Needless to say, the singer- good time... My music is about a host of major celebrities like Justin Bieber, Snapchat. her new album, which marked its one-year songwriter was quickly called love, and it’s important to take All that’s missing is a torrential downpour and anniversary this month. Miley Cyrus and Jennifer Lopez. out for the mistake on social the time to allow your heart to years of unreturned love letters. Gaga and Carino, however, first sparked Huffington Post media. have it a little bit.” Friday November 3, 2017 Sports .11 Manchester City manager Pep Guardiola praised his side's "amazing" run of form after they outclassed Arsenal to open up an eight-point lead at the top of the Premier League. Man City outclass Arsenal City have won nine consecutive league matches, a club record for a single season, have progressed to the knockout stage of the Champions League and are through to the quarter- finals of the Carabao Cup. "We cannot deny the last two to open up eight-point lead months have been amazing," and, even though substitute Jesus and David Silva appeared it if City win in a normal way, extended advantage over consecutive matches in all Guardiola said. "We knew Alexandre Lacazette pulled to be offside for the third goal, but this is unacceptable." second-placed Manchester competitions, including how important this game one back for Arsenal, Gabriel but the visitors did not deserve Still, the Gunners would have United, who were beaten 1-0 an EFL Cup victory over was and we prepared well. Jesus sealed victory for the to take anything from the been beaten by more had at Chelsea. Wolverhampton Wanderers The players gave an amazing home side from close range. game. it not been for the saves of Arsenal slip to sixth, 12 on penalties. performance." Arsenal were aggrieved at "It is unfortunate that the game goalkeeper Petr Cech and the points behind City, and face a Their 11-game haul of 31 Kevin de Bruyne's driven the penalty awarded for finished the way it finished," wastefulness of the hosts. battle to regain a place in the points and +31 goal difference finish and a Sergio Aguero Nacho Monreal's challenge Arsenal manager Arsene City go into the two-week Champions League. is a Premier League record, penalty put City in command on Raheem Sterling and both Wenger said. "You can accept international break with an City have now won 15 built on some breathtaking attacking play. This win was no different, even if they were hampered by their lack of ruthlessness in front of goal. City were particularly dangerous on the counter- attack, their pace, movement and precision passing a constant threat. Just behind the front three of Aguero, Sterling and Leroy Sane, De Bruyne was the orchestrator. Aguero and Sterling could have both scored before De Bruyne broke the deadlock, the Belgian playing a one-two with Fernandinho and angling the ball inside the far post via Cech’s fingertips. City could have been further ahead by the break, a Silva ball across goal should have been finished, while Sterling was unable to feed Sane when Arsenal were outnumbered at the back. Only when Aguero converted a penalty off the post, early in the second half, was the result beyond doubt. The visitors complained that Monreal’s tangle with Sterling should not have penalised, but the Arsenal defender hauled down the England forward without winning the ball. Some sloppiness crept into City’s play - home keeper Sergio Aguero was presented with a blue boot by Betty Cowgill, the daughter of Eric Brook, the man he replaced as the club's record goalscorer Ederson almost dropped Alex Iwobi’s long-range shot into his own net and they were carved open for Lacazette’s goal. But substitute Jesus’ tap-in, fed Roger Federer makes surprising by Silva from the right when both men could have been flagged offside, was no more than Guardiola’s side deserved. revelation ahead of Murray clash BBC News ROGER FEDERER will take on Andy tennis again. Roger Federer is perhaps the greatest tennis 17 Grand Slam titles, three more than any Murray in Glasgow this week - and the There’s no ranking points or prize money player of all-time. Having won Wimbledon other player ever has. 19-time Grand Slam champion has made up for grabs - with charity the only winner. in 2003, he has gone on to win a total of UK Telegram a surprising revelation ahead of the clash. But Federer is licking his lips and the The pair will play in front an 11,000-strong chance to take on Murray before the end- crowd in the Andy Murray Live charity of-season championships at the O2. event on Tuesday. “We’re going to have a good time,” Federer And it’s the first time the Swiss legend, said. “I think it’s wonderful what he [Andy who is gearing up for the ATP World Tour Murray] is doing in his philanthropic finals, has ever been to Scotland. efforts. Ahead of the match, Roger Federer said: “When people came away from Zurich, so “Going to new places is something I always many told me how much fun Andy actually really enjoy, so I’m excited to be going to was, what a great sport he was, so I was so Scotland for the first time.” happy he did that.” It’s been three months since Murray Murray went to Zurich to play Federer in hobbled out of Wimbledon with a hip April in the Match for Africa 3. injury and the Federer match is the first Federer added: “I can’t wait to return the chance for him to play semi-competitive favour.” Manchester P11 City outclasses Arsenal to open

No 57 www.diggers.news Monday November 6, 2017 up 8-point lead

KONDWANIBy Nyambe Lubasi A DOUBT Chipolopolo has suffered a defensive setback with news ...as Zambia faces Cameroon in World Cup dead rubber that Zesco United defensive midfielder Kondwani Mtonga during Zesco United’s 1-0 “He is not available for now “We called 28 players and we Algeria and Nigeria. players including captain is a major doubt for Saturday’s home win over Kabwe Warriors due to the injury. he needs to need 23 for the game, so we Meanwhile, Zambia kicked Kennedy Mweene are in camp. clash against Cameroon. on November 1 in Ndola. heal,” team manager Chris have enough back up.” off training for Saturday’s The European-based trio of Kondwani has been out The utility player limped off in Chibuye said at the end of Kondwani has been Zambia’s final Group B formality Enock Mwepu, Patson Daka, of action for the last week the 28thminute of that match Monday morning training at enforcer in midfield over the against Cameroon on Monday Emmanuel Banda and Fashion following a suspected and has been sidelined ever Levy Mwanawasa Stadium in last three 2018 FIFA World morning at Levy. Sakala are all expected to join hamstring injury he sustained since. Ndola. Cup Group B qualifiers against All the South African-based camp on Tuesday.

Kabwe downplays links to Zesco coaching job By Nyambe Lubasi Power Dynamos coach Danny Kabwe has refused to confirm or deny his links with the Zesco United job next season. Speculation is rife that Kabwe is favourite to takeover at Zesco with incumbent Zlatko Krmpotic’s future still uncertain. “I cannot talk about that. I am working and I have to see my contract until the end of the season,” Kabwe said. I have come here to work and if I don’t deliver then I go but you have to analyse the whole issue holistically,” Kabwe said. Krmpotic has been conspicuously absent from the Zesco bench from the last three games and the club is silent over the development. Long-serving assistant Tenant Chembo has been in charge since them. Kabwe’s own future at Power is uncertain after Green Buffaloes beat the Dynamos 3-0 last Saturday at Arthur Davies Stadium in Kitwe to end their 2017 league title hopes. Power are currently 6th on 52 points, eleven behind leaders Zesco with five games left. “You cannot pick up one side that’s why we are talking to the players but if anything points to me then, I take the blame,” said Kabwe Kabwe took over from Tennant Chilumba in June 2016 and led Power to a 4th place finish. Chelsea’s Alvaro Morata heads the ball into the back of the net against Manchester United on Sunday October 5, 2017