The Lusaka High Court says UPND President Hakainde Hichilema is the rightful owner of kalomos farm number 1924 and has since dismissed with costs the matter in which the opposition leader had been dragged to court for criminal trespass and fraudulent acquisition of the said farm.
President Hichilema through his lawyer Marshal Mucheende of M and associates had asked the court to dismiss the matter for being statute barred as it was brought way after the statutory 12 year period in which a matter of such nature can be brought before court.
In her ruling High Court Judge Catherine Lombe Phiri said it was folly for the plaintiff to expect the court to believe that she was not aware of the defendants activities of fencing the said property and placing his workers on it to show the extent of its acquisition while Ministry of Lands documents have proven that the parties were aware of the transaction in 2005.
Judge Lombe Phiri said she finds the version of the plaintiff with regards to the transaction not only conflicting but also confusing hence her reliance on the version by the defendant which is backed by documents and find that the plaintiffs were in fact aware of the transfer of the property to the defendant whether by themselves or through the late Bernard Mazuba in 2005.
The court further found that in the event that the plaintiffs were not party to the transaction, they would have with reasonable diligence discovered the alleged fraud as the particulars of the transaction were available in a public register at the Ministry of Lands and had a duty as the Administrator of the Estate for the late Samson Siatembo to properly administer it to avoid dilapidation.
The Judge said the plaintiffs sat on their rights and has come too late in the day to attempt to stop the running of time by relying on fraud and added that section 26 of the limitation Act in relation to fraud and misrepresentation is clear as it provides that there ought to have been some reasonable diligence on the part of the plaintiff in order that fraud be relied upon hence not appropriate for her to rely on the said piece of law.
Judge Lombe Phiri in dismissing the matter said the right to sue rose in 2005 in accordance with section 4 and 10 of the Limitations Act hence dismissing it for being statute barred as it has been brought 16 years after instead of the mandatory 12 years.
The plaintiffs Pheluna Hatembo and Milton Hatembo were represented by Counsel L Mumba of Fred Jere and Company whose managing partner is Grandview International Proprietor Bokani Soko
(C) UPND MEDIA TEAM
By Charles Kakoma, UPND Spokesperson.
Many Zambians have been asking questions about what UPND President Hakainde Hichilema meant when he told the nation during a radio programme recently that the kwacha will immediately appreciate when he becomes President. Some doubting Thomases believe that it is next to impossible for the battered kwacha to immediately pick up when HH becomes President in August this year.
What HH said is not fiction. It is based on sound economics. Here is why.
The first reason why the kwacha will appreciate is because of a market intangible commodity called “CONFIDENCE ” in the economy. Many players in the economy look forward to the type of leadership that will run the economy to make decisions in the foreign exchange market. Based on their EXPECTATIONS, the players in the market can decide to buy or sell foreign currency. If in their assessment of the type of leadership that will drive the economy, they conclude that the economy is going to get worse, they will quickly buy foreign currency in preparation to leave the country or indeed store their hard earned income in a stable and convertible currency such as the United States Dollar. The cumulative high demand for the foreign currency will result in the kwacha depreciating or losing value as supply of foreign currency will be less than demand.
On the other hand, if players in the market assess the new leadership and find that they have the capacity to improve the economy , they will develop CONFIDENCE in the economy. Based on their EXPECTATIONS, they will take it easy and prepare to remain in the country. There will be no need for them to panic and buy foreign currency to leave the country. Some of the investors sit on the fence waiting to see how the elections go before committing themselves to huge investments in the country. The moment they know that the correct leadership has taken over the running of the country , they will develop confidence in the economy and pump huge sums of money in the economy in terms of investment. The cumulative total of their decisions will result in increased supply of foreign currency in the market , resulting in appreciation of the kwacha as the supply of foreign currency will be more than the demand.
It is therefore sound economics to expect the kwacha to immediately appreciate when HH takes over the leadership of this country in August this year because many players in the market are expecting change of leadership and have expressed confidence in the leadership of Hakainde Hichilema.
The second reason why the kwacha will appreciate is tied to the first explanation above. Huge foreign direct investments in the Zambian economy will improve the supply of foreign currency in the market. President Hakainde Hichilema has already demonstrated his ability and commitment to attracting investors to Zambia. During his trip to the USA recently, he managed to secure about $25 billion in investment pledges upon his ascendancy to power. This amount of $25 billion is actually almost equivalent to Zambia’s current total of all the goods and services produced in the economy ( which economists prefer to call the Gross Domestic Product or GDP). The impact of such huge investments in the economy will be to increase the supply of foreign currency in the market. There will be too much foreign currency in the market compared to demand, resulting in the appreciation of the kwacha. Apart from the kwacha appreciating, a lot of employment will be created leading to better standards of living.
The third reason why the kwacha will appreciate is that the leadership of Hakainde Hichilema will embark on massive exports . The production of goods for export will bring in foreign exchange. It is only through the massive export of value added products that the country will ensure sustainable foreign exchange supply. Obviously , the current Patriotic Front regime has also been singing about value addition, diversification and exports. The bottom line is that they have been in power for 10 years and have failed to do it. They have no capacity and no leadership to manage the economy.
The fourth reason and perhaps the most critical in the Zambian situation to strengthen the kwacha is to manage the choking foreign debt.
Currently, most of the foreign exchange being generated by the country is going towards foreign debt repayment. Under such a situation, there is scarcity of foreign currency in the market because demand is more than supply of foreign currency. For as long as the foreign debt is not resolved, the kwacha will continue to depreciate.
To resolve the current foreign debt crisis requires new leadership. The current leadership has lost credibility in the eyes of lenders. They cannot be trusted to restructure the debt or stick to any agreement on debt management.
Part of the solution to resolving the debt crisis and the depreciating kwacha is to change the leadership of the country in this year’s presidential and general election.
President Hakainde Hichilema has already put his cards on the table on how he is going to tackle the debt crisis.
First, he will place a moratorium on debt. This means that there will be no further reckless borrowing. Secondly, he will seek a debt write off from as many lenders as possible. Thirdly, he will restructure the remaining debt by replacing expensive loans with cheap ones. The lenders can only agree to help Zambia if they have confidence in the leadership of the country. The current leadership has failed and will never manage to carry out any of the above actions. No donor will agree to enter into an agreement with the current Patriotic Front regime because they have lost confidence in them. They luck credibility.
In conclusion, the kwacha will stop running mad with the installation of a new leadership in Zambia through the presidential and general elections in August this year . A combination of short term solutions such as the kwacha appreciating upon the change of leadership and long-term solutions such as attracting foreign investors and debt management are the medicines for the kwacha’s madness.
UPND leader, Hakainde Hichilema has called on the PF-led Government to pay redundancy packages for KCM miners all once and not in instalments.
President Hakainde Hichilema has condemned the proposed mode of payment and demanded that all miners be paid their packages all at once and in full.
President Hichilema said that the proposed repayment mode of redundancy packages in three instalments to KCM employees has led to unjustified anxieties among miners.
“We hear that they want to pay the miners in three instalments with the first one on 1st March and the second one being at the end of September 2021. And the last instalment they plan to pay 6 months after September, 2021. As UPND we agree with the miners that this payment mode is undesirable,” he said.
He has since proposed a lumpsome payment of KCM miners, adding that the previous incidences where PF failed to pay miners after changes of ownership of parastatals were a cause for concern.
“Due to the poor track record of the PF, we therefore, propose that any amount that arises from the splitting of the company must be paid in full. If you want to pay in February, pay the amount in full because there are concerns that amounts that are due to some workers from the previous changes of ownership have still not been paid,” he said.
UPND MEDIA TEAM
UPND President, Hakainde Hichilema has warned the PF against its intentions to split Konkola Copper Mines (KCM) into two separate entities saying the move would lead to massive job losses for miners.
And President Hichilema has assured Zambians of an unprecedented economic revolution that has never been witnessed in Africa that would lead to the creation of jobs.
Commenting on the planned splitting of KCM into two entities namely Konkola Mineral Resources (KMR) and KCM Smelter Company Limited this morning, President Hichilema warned that such a move is a technical disruption in KCM operations.
“In business, this is technically a disruption in KCM as we know it. Technically, it means, KCM, as we know it, will never be the same. They put their friends to scavenge on KCM’s assets; assets that belong to the people of Zambia, KCM will never be the same,” charged Hichilema.
He says the move will worsen the suffering of already impoverished majority Zambians whose life line is in the mining sector
“This may mean worsening the suffering [of impoverished Zambians] beyond the current levels which will [in turn] lead to our already suffering miners and retirees dying of hunger,” observed President Hichilema.
He also noted that the unwarranted planned move would result in the loss of jobs for the thousands of employees from KCM through redundancy.
“This means that all employees who were working under KCM will he declared redundant which will in turn add to the numerous economic challenges that the people of Zambia are currently grappling with. That’s why we believe that the PF cannot be trusted with the way they are handling KCM,” he said.
UPND MEDIA TEAM
*Contact* : UPND Secretary General for politics, Patrick Mucheleka +260 97 7673216/0977780397
*Email* : firstname.lastname@example.org
The UPND has called on Health Professionals Council of Zambia (HPCZ) and the Anti-Corruption Commission (ACC) to institute investigations Honeybee Pharmaceuticals and Honeybee Pharmacy saga and subsequently suspend the licences of the two sister entities for professional misconduct.
In a separate letters addressed to the two institutions, UPND Deputy Secretary General for Politics, Patrick Mucheleka argues that the indictment on the health of Zambian citizens that has been caused by the supply of sub-standard condoms, surgical gloves and other medical supplies cannot be ignored.
He warns that failure by the HPCZ to take punitive measures against Honeybee would lead to the party to wage a legal battle against the health standards monitor.
“We note with seriousness indictment on the health of citizens the aforesaid act may have, and hereby demand for the cancellation of the licence for Honeybee Pharmaceuticals and Honeybee Pharmacy because it is our considered view that a trained pharmacist ought to check and verify the medicine before supplying it to the institutions for public consumption,” read the letter in part.
And in another letter to the Anti-Corruption Commission (ACC), Mr Mucheleka has called on the investigative wing to carry out thorough investigations of entities and individuals involved in the supply chain of the drugs in question.
“We note with concern the serious indictment this may have on the right to life and health of citizens, and hereby report the following institutions and persons for investigations: 1. Hon. Chitalu Chilufya-Minister of Health; 2. Permanent Secretary-Administration, Ministry of Health; 3. Board Chairman, Zambia Medicine Regulatory Authority (ZAMRA); and Board Chairperson, Medical Stores Board. In our view, the conduct by the aforementioned persons is contrary to Section 34 (2)(a) of the Anti-Corruption Act No. 3 of 2012,” the letter further reads.
The Honeybee saga, involves the authorization of the supply of sub-standard latex condoms and defective surgical gloves for distribution by the then Minister of Health, Dr Chitalu Chilufya, who has since been fired over the scandal.
And different schools of thought including the academia, the legal fraternity and the general populous, feel that this might lead to the mass murder of unsuspecting citizens who have utilized the items and have since called for stern action against those involved in what can rightly be termed as the medical “saga” of the decade in Zambia.
UPND MEDIA TEAM
*Contact* : UPND Secretary General, Stephen Katuka, 0 97 0141010/0977780397
*Email* : email@example.com
As UPND, we salute the people of Zambia for joining our cause to compel President Edgar Lungu to crack the whip by firing his right hand man, Dr Chitalu Chilufya from his Ministerial portfolio for recklessly subjecting millions of Zambia to various Sexually Transmitted Diseases(STIs).
While this decision is long overdue, we expect appropriate institutions such as the Anti-Corruption Commission to come in and nab him for acting contrary to Section 34(2)(a) of the Anti-Corruption Act No. 3 of 2012 which provides ,in part:
“…a person commits an offence if the person fraudulently facilitates or makes payment from the Public revenue for (i) sub-standard of defective goods….”
It is also a culture under the Patriotic Front( PF) government not to prosecute perpetrators because they are all birds of the same feathers.
If Mr. Lungu is serious with the decision he has made, let Dr. Chitalu Chilufya be prosecuted with immediate effect.
Further, We demand that HoneyBee Pharmaceuticals and HoneyBee Pharmacy to be investigated have their licenses cancelled with immediate effect.
We also want the Permanent Secretary ,administration and the Board Chairman for Zambia Medicine Regulatory Authority to be fired too. We believe he is an accomplice for failing to discharge his administrative role.
We also call upon the Health Professions Council of Zambia to withdraw the licenses of all the aforesaid with immediate effect. They are a danger to human life.
We also note with concern the manner in which the PF government has continued to endorse corruption by blackmailing citizens on some government officials who are appearing in court for various offences without convictions.
It is very evident that Edgar Lungu is not serious with his fight against corruption.
We have known criminals like Kaizer Zulu ,Stephen Kampyongo, Spax, Muchima, commonly known as America two who are still living lavishly when they are supposed to be in prison.
Many Zambians know that under Kampyongo, there are so many extra-judicial killings yet he still continues to draw public funds.
The negligence by Dr Chilufya to put expired drugs and leaking condoms amount to crimes against humanity.
It is a fact that his removal from the Ministry will not erase the effect of expired drugs and licking condoms on peoples lives therefore we shall hold President Edgar Lungu as a leader responsible for killing Zambians with expired drugs and exposing Zambians to STI’s, HIV/AIDS and unwanted pregnancies later alone illegal abortions.
Zambians, who are the true owners of the resources being enjoyed by PF hoodlums, want answers as to why a Minister, who swore an oath to protect life, could allow a non-existent, questionable medical supplier to supply leaked condoms, gloves and fake medicines at an exorbitant US$17 million.
This scandal and delay by President Lungu to act clearly indicates that PF government cares less about people’s lives hence the need for people of Zambia to elect President Hakainde Hichilema a leader with interest to build better lives for all.
President Lungu’s leadership is an embarrassment to the international community; USA spends millions of dollars on Zambia’s health and characters like Dr Chitalu Chilufya would only secure defective medical supplies to millions of Zambia? God forbid!
He and others must face the wrath of the law. We shall not rest until justice for Zambians is done.
This is just the beginning, as UPND we shall not allow corruption and other ills to continue.
Enough is Enough.
UPND MEDIA TEAM
4 January 2021
The UPND is shocked by the revelations made in a statement on 4 January 2021 by the ZAF Director of Public Relations and Foreign Liaison Colonel M. Kasoma with regards to the Gulfstream G-650 Presidential Jet, also known as the Ferrari of the Sky.
In an attempt to rebuke President Hakainde Hichilema’s commitment to sell this scandalous aircraft, the Colonel advised that one of the reasons the aircraft cannot be sold is that it was acquired through a contract with the Ministry of Defence and bought ON CHARGE on the ZAF inventory.
The statement that the Presidential Jet was acquired using a loan, which was charged against the inventory of ZAF, essentially means that all ZAF inventory (i.e. Aircrafts, Helicopters and other equipment) was pledged as collateral to obtain the loan.
If Zambia were to default on its loan obligations regarding this loan, the creditor would legally be able to enforce their rights against ZAF assets, and repossess them for sale.
This kind of reckless public spending by the Patriotic Front (PF) regime has placed all of Zambia’s Air Defence capabilities at risk.
Further, in the context of current Debt Crisis, where the Ministry of Finance has publicly announced that it is no longer servicing any External Debt obligations to ensure all creditors are treated on a Pari-Passu basis, we are left to wonder if we have indeed already defaulted, or the Ministry of Finance has been secretly and selectively servicing certain debt obligations.
We note that the acquisition of the G650 Presidential Jet, under an aggregate contract amount speculated at $400m, has come at a huge cost to critical sectors such as health, education, agriculture and skills development for the youth.
In order to put the minds of Zambians at ease, we demand that the PF government confirms if indeed that statement issued by the Colonel is to be read and understood as is, and that Zambia’s Defence capabilities have been compromised.
The Ministry of Finance must also confirm if the loan related to the Presidential Jet is included within the loans which the Government has stopped servicing.
The UPND and indeed President Hakainde Hichilema remains committed to realigning all public spending priorities and reallocating resources to priority sectors such as Education and Health.
We further encourage the Zambian people to remain vigilant and hold the PF government to account or we will have nothing left of our own as a nation once the PF departs public office.
UPND Presidential Spokesperson.
4 January 2020.
We are concerned with the culture of deliberate economic sabotage being peddled by the Patriotic Front (PF) regime against Zambia’s mainstream economy.
While the UPND and President Hakainde Hichilema have consistently called for a reduction, suspension or removal of some controllable cost components around the pump price of fuel in order to help the mainstream economy, the PF have gone ahead to scrap VAT on petrol and diesel in order to mask their inability to manage the fuel supply in Zambia, whilst offering no benefit to the ordinary Zambian through a reduction in the pump price.
We are aware that the PF government has accumulated $727m (as at 30 June 2020) in unpaid invoices to International Oil Suppliers for the supply of fuel, the equivalent of the first Eurobond, or almost a whole year’s worth of fuel imports. Despite ERB insisting that it applies cost plus pricing, and consumers paying for fuel in cash, we wonder where this money received by the government has gone to.
Now that the Oil Suppliers are no longer willing to supply the government, Oil Marketing Companies (OMCs) have been requested to take on the outstanding contracts and directly import fuel.
However due to PF aligned middlemen and ministers who have hijacked the fuel procurement and supply chain, resulting in inflated oil supply contracts, OMCs have been unable to fulfil the supply contracts at current pump prices.
The offer of VAT relief to essentially only OMCs in order to convince them to import fuel and forestall an impending fuel crisis, without a required increase in the fuel price, is only a short-term remedy.
The VAT relief which should have been passed on to consumers through a reduction in the pump price, is instead going to increase the cost of doing business as ordinary businesses will no longer be able claim Input VAT, effectively increasing their fuel bill by 16%, with a downstream impact on consumer prices.
We note that this move, which offers no benefit to the public, whilst reducing VAT revenues for the government, is a further nail in the coffin for the 2021 budget.
The UPND takes the view, that SI No.125 of 2020 will harm the Zambian people, in that it not only fails to address the biting pump price of fuel for consumers, but it also directly diverts public money away from critical services such as education, healthcare and support for agriculture and instead channels it towards the consolidation of political power by the PF.
President Hakainde Hichilema reiterates his commitment to reforming domestic taxes and levies on the pump price of fuel, as well as cleaning out excessive middlemen activities in the procurement, supply and distribution of fuel in order to deliver maximum benefits for consumers.
UPND Presidential Spokesperson
4 January 2020.
Our hope as UPND is not in the new year BUT in the one who makes all things new.
Isaiah 43:19 says see, I am doing a new thing! Now it springs up; do you not perceive it? I am making a way in the wilderness and streams in the wasteland. 2021 is indeed a year of real change and God is making a new thing for the suffering, suppressed and struggling people of Zambia through the United Party for National Development. Change is inevitable and coming our way as a people of Zambia . We must hold on to our hope as a nation and cast our vote for President HH in August 2021 general elections.
We know some of our brothers and sisters have paid the ultimate sacrifice. They have paid with their lives. We remember Mapenzi, Vesper, Joseph, Nsama and many others who have died along the way without committing any crime. They simply died because they longed for a just society where you and me can live in harmony and have equal opportunities. Their blood cries out for you and me to complete the journey and to attain the real change they laid their lives for.
This is the year of change and we all must take action to see this change. Change must be worked for. We know the enormity of the challenges that will confront us as a people who want change but we remain resilient and united in the knowledge that our compatriot’s lives cannot be in vain and that we have the determination to overcome whatever is thrown at us because our God is with us. Just as the stronger steel is forged in fire, just as diamonds are forged deep inside the earth’s crust under the most extreme pressure, so are all those fighting for this change and all those who love freedom. That change is coming in August 2021 with President HH and UPND.
Let us turn this adversity we currently face into the greatest hope and help for our people and our motherland.
Let this 2021, year of change as declared by President HH be echoed from Mongu Central to the rest of Western Province . From Lusaka Central to the rest of every part of Zambia. Let us work together towards the Zambia we want spairing neither strength nor courage.
We will progress and we will succeed.
God bless 2021, the year of change for Zambia. God bless UPND. God bless HH.
Forward is the only Way.
UPND SA Chapter Chairman.
SA Press Office.