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
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.
12 TH DECEMBER 2020
Looking at what is happening on the KCM issue, it’s very clear that the PF regime did a very bad job. The issue was rushed there by overlooking the implications of the agreement binding the two parties together. ZCCM IH may have a very genuine grievance against Vedanta of protecting the interest of the Zambian people. But the manner it executed its grievance procedure will most likely be very harmful and costly to the Zambian people. Two wrongs cannot make a right. We therefore wish to advise the PF regime through ZCCM IH to swallow its pride and take a deep reflection on the matter before the Country is plunged into deep financial crisis.
PF should stop misleading Zambians that it has a good case on KCM. If that was the case why did the Court of Appeal stay the winding up process of the mine and referred the matter to the arbitrator in South Africa? We are aware that locally PF does not respect any law, but this madness should not be taken outside its boundaries. PF’s arrogance has led this Country into very deep financial crisis. PF will leave too many problems behind as they leave office next year.
The financial implications that will come as a result of disrespecting the terms on which the mine was sold will not be borne by PF, but ordinary people. If the investor was found wanting on the agreed terms and conditions first, we should also have been the first ones to lodge a complaint before the arbitrator against the investor. When we sold the mine we did so on terms and conditions that we agreed with the buyer. People must stop being irresponsible and careless when carrying out such sensitive duties, don t use emotions.
PF has very serious problems in monitoring the activities on the mines. It’s like when things were going wrong in KCM the whole Government machinery was sleeping. Only to wake up when it was too late and now they want to use draconian methods to cover up their inefficiency. The case of KCM is just one example of how rotten the PF monitoring system is. They say PUMBWE AFWILILE PALYAKWE.
UPND – Chairman for Mines and Freedom Fighter
(IN RECENT WEEKS, ACCUSATIONS HAVE BEEN MADE AGAINST UPND LEADER, HAKAINDE HICHILEMA THAT HE STOLE FROM PRIVATIZATION. LAST WEEK, HH HAD AN INTERVIEW TO CLEAR THE AIR. THE UPND MEDIA TEAM BRINGS YOU A VERBATIM REPORT OF THE INTERVIEW ON HOT FM, DIAMOND TV, AND OTHER STATIONS.)
INTERVIEWER: As Hakainde Hichilema, did you participate in the privatization process? Were you in charge of the process?
HH : It’s very important to clarify at some point who was responsible for the privatization program but to insinuate that I made money because of the privatization process only is far from the truth because I started business at a very early age of 26 and was able to buy a property at K 61 million in 1995 before I was involved in any privatization program. So, it’s not true that we made our money through privatization. We are business people. The answer is that I participated in the privatization program but I was not in charge of the process. Who was in charge? It was the government of the day and which one was the government of the day? It was the MMD who was responsible for the privatization program in terms of the policy, not myself because I was not part of the Government. Legally, they were responsible because they set up the Privatization Act of 1992 as a Government under the late Frederick Chiluba MHSRIP. And the overall structure ( today is our day to explain these things so that those who might not be aware might know, those who may be mischievous, their mischief can be laid bare) The MMD government came into office in 1991, and in 1992, they enacted the Privatisation Act which was a legal document, meaning that parliament at that time made a decision and gave the citizens a law, the privatization law. The way the structure was made was there was a cabinet on top chaired by the President of the Republic of Zambia. Under Cabinet, there was a Committee of Ministers from within Cabinet called the Committee of Ministers of Privatisation was not there. Then there was the Zambia Privatisation Agency, PA as an institution and manager to implement the privatization process. That is where the policy and legal power play. The Committee of Ministers comprised Finance, Commerce, Mines, and Tourism depending on the assets. The ZPA would then ask for expert advice from many, many people. Thousands of Zambian lawyers, corporate finance guys like ourselves, real estate agents, property valuators, engineering firms from 1992 along the way were somehow involved. 270 companies or units were sold and today HH was responsible sat below the privatization agency, asked to do his professional work. So, the answer is yes in terms of involvement at that level as I have explained and No in terms of responsibility, in terms of legal power, and in terms of policy power, I was not involved.
INTERVIEWER: Madam Edith Nawakwi has brought out three key issues which include the Kabulonga property, the sale of RAMCZ, and the sale of Mosio-Tunya Hotel in Livingstone us start with the Serval Road property in Kabulonga, when did you acquire that property?
HH: It’s fair to state that Madam Nawakwi on HOT FM alleged that I stole a house from Lima Bank and she mentioned the house, the one on Serval Road in Kabulonga. That I stole the house from Lima Bank. I abused my role in the privatization program, got that house from Lima Bank dubiously. She actually called me a crook. I’m not a crook. That house never belonged to Lima Bank as she alleges. I bought the house but not from the said bank.
INTERVIEWER: Is there proof to show that you didn’t acquire this house from Lima bank?
HH: There is yes.
INTERVIEWER: Would you care to show us?
HH: Madam Nawakwi made these allegations that I stole the house, I responded that I never stole the house, I don’t steal. Here are the facts Gary. This property is called farm 488a/40/a/3 Serval Road, that’s the name of the plot. I bought this house from a company called the National Tobacco Board of Zambia. This house was advertised through an open tender through the Newspaper in 1995. Madam Nawakwi says I stole the house from Lima Bank because, in her allegations, I was involved in the privatization of the bank in 1998, but I bought this house through a public tender in 1995. The timeline there does not match. Someone is lying, is it I or it is her. I say Edith Nawakwi you lied. Here is a summary of the house having been bought from National Tobacco Company and not Lima Bank. (displays the house documents). I responded to a Newspaper advert in April 1995 and then after I responded and I was awarded after emerging as the highest bidder. That’s the point I was making earlier on. Without being involved in Privatisation, I was already as a businessman able to tender for this property at K 61 Million. Now, who advertised the house? A firm in Ndola called T.P. Chibwe and company who were valuation surveyors and estate agents who had been engaged to sell the property. To be specific my offer went in on the 26th of April 1995, then the valuation was done, how they did it I don’t know, that was not my job. Then I was offered the house. Who owned the house from the very beginning? Here are the records from Lands Ministry showing who owned the house. (displays Ministry of Lands documents). Mr.Chileshe was the owner of the house who sold it to the Tobacco Company of Zambia in 1967 and then TBZ got a mortgage from Zambia National Building Society of K 15,000 in 1971 and then TBZ changed its name in 1989 to National Tobacco Company of Zambia and all these entries are there in the Ministry of Lands documents. Then the National Tobacco Company borrowed money from Finance bank in December 1989. The money was not paid according to these documents and the bank moved in to repossess the house according to the security that was provided and passed it over to TP Chibwe of Ndola to advertise the sale. I won the tender like I said K 61 million, no income from Privatisation but from other businesses as a partner, as a shareholder and a couple of other businesses at an early age. No privatization at that age. I then paid the Real Estate Agent through my lawyer, one Michael Musonda, the current Deputy Chief Justice of Zambia, and is still alive. Then they went and paid off the mortgage. The mortgage and interest were at ten million kwachas as of 27th September 1990 and the money I paid in was used to clear the mortgage and they were able to discharge the mortgage on 7th July 1995. Then the house was offered to me by the National Tobacco Company and became mine. Then I registered an assignment which is a document used to change ownership on 7th July 1995. That house was never ever a Lima Bank house. The bank came up for privatization in 1998, I bought the house in 1995. Clearly Madam Nawakwi you are a liar.
INTERVIEWER: Okay, that clears one of the particulars of the defamatory statements. So
HH: She will have a chance in court to prove whether she has a different record of this. She has a chance in court. That is why we have gone to court so that we can stop shouting at each other.
INTERVIEWER: We now move to the second issue which is on RAMCOZ What role did you play in that transaction whether remotely or closely because she raised this.
HH: First, there is this allegation that this young guy called HH was responsible for privatizing the mines and that he and he alone had the power. I think I have explained that I didn’t have the power because I was merely a service provider contracted and at the time appointed through a public tender either as an individual or firm with agreed fees. I got paid because that is my job and business. I think today I must clarify that. There is an allegation that I privatized a mine called RAMCOZ. I never privatized any mine in this country. I made this point clear. This mine was privatized around 1997. I was not there. The records are there at ZPA and Zambia Development Agency today and I can assure you that you will not find HH’s name there. RAMCOZ was sold by the MMD government through the structure I earlier gave you. I was not involved.
INTERVIEWER: Why do you think she mentions HH?
HH: Malice. She is confusing things. She is claiming that I was the Receiver as you can see in our demand letter. In her insinuations, she says this young guy called HH had the power to privatize mines and its assets but that is wrong. It is actually malicious, completely malicious and again she will have the time to prove herself in court. Neither did I privatize RAMCZ nor was I the receiver. I was none. On her program on Hot FM, she alleged that I stole 10 million dollars from RAMCOZ. How I stole it, I don’t know. She will prove that in court. I’m not a thief and I didn’t steal any money from RAMCOZ.
RAMCOZ was privatized in 1997. Thereafter they borrowed money in 2000 or thereafter as a private company from ZANACO bank which they failed to pay. And ZANACO appointed a receiver to recover the money they were owed by RAMCOZ which was then a private company. Completely misleading herself and the public. And I’m shocked that a former Minister of Finance can fail to understand basic facts. It can only prove one thing, political malice. Get HH at all costs even if he is not a criminal. Complete malicious because the facts are there. How do I know that the facts are there? When you are appointed Receiver under the Insolvency Act, you have to register your receivership deed at PACRA, that time it was called Company Registrar. You also go to court and register that receivership Deed and you are appointed as a receiver as an individual, the law is very clear. I can invite Zambians who might be doubting what is going on to say go to PACRA or go to court and see the Receivership Deed on who was appointed receiver only to recover the money for ZANACO and not to privatize RAMCOZ because it was already privatized 3-4 years earlier. I think my colleagues who did the receivership for ZANACO did a very good job as they recovered the money which was a very difficult thing to do to recover. The rest is the detail for court. We shall see what she says in court.
INTERVIEWER: The third of the issues raised by Madam Nawakwi concerns Mosio-tunya Hotel in Livingstone that you sold yourself the shares after evaluation and all that. Give us a picture of this transaction and concerns raised by Madam Nawakwi.
HH: In the privatization process, if there is an asset that is delivered more than expected, it was that project in Livingstone. World-class asset, competitive product internationally, delivered meticulously following the objectives that were set in the privatization program. If I was not Hakainde Hichilema and was not seeking public office, I would have been praised every day on the way that the transaction was handled. Completely first class following the set objectives. There was an allegation that I was a shareholder when the bids came through, they never came to me but to ZPA. The bids under the program were received by ZPA and then decides who they think can help them to structure the transaction following the set objectives and the agency would call people like us, not just me but there were other people there. But the way everything is being made to look like there is this troublesome chap called HH seeking Presidency who is not allowed to be Republican President of this country. He must just be a citizen of Zambia. I aspire to be President. The bids went to ZPA and the insinuation is that I was a shareholder of Sun International and when I was appointed to assist in putting this transaction together, I had vested interest in Sun International and therefore awarded the assets to the bidder. The material question is did I have a shareholding in Sun hotel to be able to declare a conflict of interest when I was asked to assist by the MMD Government through Cabinet and ZPA, the answer is NO. I was never a shareholder and I invite Zambians to go to the registry at PACRA and see if HH was a shareholder because that’s what Nawakwi said that I was a shareholder and therefore gave myself Sun International, she is wrong, I was not a shareholder
Washington, DC: “In response to media inquiry regarding the recently announced change in leadership at the central bank of Zambia, an IMF spokesman made the following statement:
“We note the change in leadership announced over the weekend at the Bank of Zambia before the end of the previous Governor’s mandate.
“The macroeconomic stability that most developing countries have enjoyed in recent years has greatly relied on the much-improved effectiveness and increased independence of central banks. It is imperative that central banks’ operational independence and credibility is maintained, particularly at this critical time when economic stability is threatened by the COVID-19 pandemic. Without credible institutions and sound policies, sustained economic growth and much needed improvements in living standards will not be possible.”
IMF Communications Department
PRESS OFFICER: Lucie Mboto Fouda
Phone: +1 202 623-7100Email: MEDIA@IMF.org
UPND president Hakainde Hichilema yesterday took on Edith Nawakwi on radio and confronted her for lying after the FDD leader called him a thief. Featuring on Hot FM’s Hot Seat programme, Thursday, Nawakwi said Hichilema was a rich man who lacks wisdom and is self-conceited, with no respect for anyone. But Hichilema took exception to being labelled a thief and challenged Nawakwi to provide evidence of her allegations so that he could respond and clear the air. Hichilema also confronted Nawakwi on her claim that the UPND president bought his.
PRESIDENT Edgar Lungu must tell Zambians what he is going to do to improve the poor state of the economy after admitting that he was apparently not in charge of the nation’s affairs, says former finance minister Ng’andu Magande. On Monday, President Lungu said Zambia’s economy was almost shutting down in some sectors due to the COVID-19 pandemic so it was imperative that he took control of the situation, as the man in charge. But in an interview, Magande wondered what finally made President Lungu realise he was supposed to.