Kazala, Siwale Have The Right To Be Heard; FAZ Must Honour CAS Judgment

Football Association of Zambia general secretary Ponga Liwewe’s statement on the decision by the Court of Arbitration in Sport to refer the case of expelled vice-president Richard Kazala back to the body’s supreme decision-making organ also known as the FAZ … Continued

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Football Association of Zambia general secretary Ponga Liwewe’s statement on the decision by the Court of Arbitration in Sport to refer the case of expelled vice-president Richard Kazala back to the body’s supreme decision-making organ also known as the FAZ council should ordinarilly pass without comment, but not when the explanation attracts more questions than answers. It’s difficult to believe that such statements would be attributed to the office of the General Secretary at Football House. Equally difficult is taking a silent posture in the wake of such irregularities hence my attempt to give an alternative perspective. Just in case we missed out, here’s what Liwewe said as published by the Zambia Daily Mail of January 10, 2017 “Right now we are very busy dealing with CHAN [African Nations Championship]. Once the team leaves, we will sit to deal with all these issues. All I can say for now is that the legal committee will study the matter.†Liwewe’s statement follows the decision of CAS in a Consent Judgment delivered on October 30, 2017. CAS set Kazala’s expulsion aside and gave him an opportunity to be heard by the FAZ council. FAZ president Andrew Kamanga, Liwewe and the head of the legal committee were party to the CAS settlement. CAS under the auspices of an arbitrator identified as Mark Hovell established that FAZ neglected to apply the principles of natural justice in arriving at the decision to suspend and expel Kazala and Blackwell Siwale from the Executive Committee. Consequently, CAS determined that case be referred back to the FAZ council to give the appellant a fair hearing. In addition to affording Kazala an opportunity to respond to the written charges, FAZ consented to instructions for the former sports deputy minister to be heard at the March 2018 annual general meeting as outlined in parts 5 & 6 of the judgment. Yet the impression created by the FAZ GS is that Kazala is at the mercy of the FAZ legal committee. This is contrary to the directive by CAS. In fact, the judgment indicates that any dispute arising from the arbitration remains under the jurisdiction of CAS. Part 11 states of the judgment states, “in the event of breach of this agreement, the parties agree that the CAS shall retain jurisdiction to deal with any such dispute.†The express instruction referring the case the FAZ council is in part 6 provided both parties fulfill part 4 & 5. In part 5, Kazala was instructed to respond to the charges within 28 days (that’s assuming the FAZ president/secretariat provided him copies of the charges per part 4 within 14 days of the judgment) and was expected to reply using courier to the GS. Further, part 5 of the judgment places a duty on the GS to assign Kazala’s slot a place on the agenda for the AGM and a portion of it reads, “…..in furtherance of his right to speak in his own defence, produce his response to the charges and any supporting evidence by courier to the General Secretary of the Respondent, who in turn, shall include the same with the AGM agenda.†Part 6 of the judgment is could not have provided any more clarity than stating, “the Council shall consider the motion to dismiss the Appellant from the Executive Committee of the Respondent at the March 2018 AGM.†So, why should a decision of an appellant body be subjected to an administrative organ of FAZ such as the legal committee? At any rate, the FAZ GS should know that a decision of CAS cannot be subjected to the legal committee unless there is an expresses instruction to do so. And the express instruction has been given in part 8 to apply to Siwale’s case. Note that Siwale appeared before CAS as Kazala’s witness – the more reason his situation is left to the discretion of the FAZ executive committee in consultation with the legal committee. But has FAZ met the pre-condition of the Consent Judgment in addressing Siwale’s matter? The answer is no. Here is why. Part 8 reads, “The Executive Committee of the Respondent shall within 21 days consider with its Legal Committee it is able to afford a like right to be heard in his own dismissal case under Article 37 of its Constitution to Mr. Blackwell Siwale.†Going by Liwewe’s recent sentiment, the FAZ executive and legal committee did not address Siwale’s issue within the stipulated period. If the FAZ Executive Committee and the legal committee did not consider Siwale’s case within 21 days, they are in default of the judgment. What the CAS decision has shown is that Kazala, no matter how one likes or dislikes him, was not fairly treated and retains his right to be heard. So, dragging the issue through the legal committee is not in the best interest of justice. In any case, the legal committee chairperson Sokwani Chilembo was part of the proceedings that have now resulted into the intervention of the CAS. Put mildly, Chilembo misdirected himself and misled the council as a lawyer when he looked elsewhere as the rules of natural justice were butchered. What justice can Kazala and Siwale expect to get from the same legal committee that was party to creating this confusion? Does Liwewe actually realise that what CAS has done is to overrule the decision of the very legal committee he is now trying refer this to? What new things would he and his committee bring to the table if not wasting time and resources? The FAZ GS will do well to consult article 65 (2) of the FAZ constitution which demands full compliance of any decision passed by CAS. Therefore, any attempt to disregard or circumvent the instructions of the judgment by the secretariat is contemptuous. The right thing to do for FAZ is submit the judgment before a properly constituted FAZ council to hear the appellant. The post Kazala, Siwale Have The Right To Be Heard; FAZ Must Honour CAS Judgment appeared first on Zambia Reports.

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OPINION: Hats Off President Lungu on Cholera Drive

President Edgar Lungu has usually taken a battering from all corners over the many decisions that he continues to make in the governance of the country. The Head of State has had to be bashed even for decisions that have … Continued

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President Edgar Lungu has usually taken a battering from all corners over the many decisions that he continues to make in the governance of the country. The Head of State has had to be bashed even for decisions that have nothing to do with him. But there is one thing Zambians will find hard to criticize the Head of State for having lain everything in the fight against cholera. President Lungu has lain his Presidency on the line to ensure that the drive against cholera succeeds. Considering that the vending community remains one of the greatest support bases of the ruling Patriotic Front, it is not an easy decision. The vending community has stayed loyal to the Patriotic Front even when every other sector has left the party’s popularity heavily tested. Over time the PF has found it hard to displace vendors given the political cost of such a decision. Credit should go to President Lungu for having summoned soldiers from the barracks to lead the clean-up. Soldiers have their no nonsense attitude that has kept everyone obliged in sticking with the clean-up. People have lost property and sources of livelihood in the thick of the anti-cholera drive. The government has stood firm and every well-meaning Zambian has seen the fruits of the clean-up. The usually dirty Central Business District has been swept clean with heaps of garbage that has been the signature appearance of Lusaka being dismantled. It is not exactly the most fatal cholera epidemic but government has shown the way that with tough political will, the nation can be shown the clean way. If the country can stick to this lane then President Lungu can look back to this potentially politically costly decision with pride. After all it is easier to bow to political pressure and restore the vendors to their illegal posts in town and also appease the bands of alleluia pastors that have been mourning over dried up offerings owing to the ban on some church gatherings than to gain the presidency. The post OPINION: Hats Off President Lungu on Cholera Drive appeared first on Zambia Reports.

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Letter: Who Is Keeping Pres. Lungu Away From The Masses?

#MyPersonalView “WE EXPECTED AN ADDRESS TODAY NOT PICTURES OF THE PRESIDENT.” Today Monday scores of Zambians were waiting to hear the Presidents’ voice either on radio or TV not to see pictures. To hear him sound the alarm in both … Continued

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#MyPersonalView “WE EXPECTED AN ADDRESS TODAY NOT PICTURES OF THE PRESIDENT.” Today Monday scores of Zambians were waiting to hear the Presidents’ voice either on radio or TV not to see pictures. To hear him sound the alarm in both sound and picture making sweeping changes not only to cabinet but to the wider overall management of the country. Structural reforms in agriculture and his posture against these things that have taken center stage such as Cholera and the Crying Traders, Labour Matters, Army Worms and Corruption Allegations. But fortunately for those appointed, which ever wisdom he used to appoint the same, is a debate for another day. But the President saliently did that behind closed doors, subjecting every Zambian to wait for ZNBC news to hear his voice probably in a less than two minute clip. My honest opinion is the President has yet again missed a mouth watering opportunity not only to address the nation but to make popular decisions. A President elected on a popular majority of 50percent + 1 must from time to time identify with the popular majority. For me the President has been insulated from reality and his party-PF. My most immediate humble advise to the Presidential handlers is that they must not delink the President from the party which is the reason he is President. He is a politician and much of the reason why our former President Rupiah Banda lost in 2011 is because he lost touch with the party-MMD as according to Dickson Jere. RUPIAH BANDA was made too busy with the presidency and party matters he delegated. The President is not a private individual but he is a partisan politician and PF concerns must form part of his top agenda items. The level of discontent among PF youths is increasingly supposed to be of his concern and every time the President gets an opportunity to address the nation he mustn’t shy away from those glaring realities. At the rate at which we are moving I may need to agree with PF Die Hard Maxwell Chongu that there is urgent need for political reforms in the country otherwise I fear for myself. I wonder sometimes does the President hear us, what mode of communication can someone use surely? First lady Esther Lungu and Tasila Lungu please help us. Who is failing our humble leader, is it the INTELLIGENCE or the walls at STATE HOUSE? There is no where to hide, you jump on a taxi or a bus, everyone is complaining. In the hospitals and market places, people have missed their President and they don’t see or hear him directly unless through others. They miss their humble and poor President who lived among us. WHERE IS OUR PRESIDENT? Prince Ndoyi MMD Youth The post Letter: Who Is Keeping Pres. Lungu Away From The Masses? appeared first on Zambia Reports.

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Laura Miti: The Edgar Lungu Administration has Blood on its Hands

We have #cholera because we have a non-functional government that routinely chooses corruption, populism, patronage & dysfunction over citizen good. The PF government, with eyes wide open and surely aware of what the consequences would be, allowed perfect conditions for … Continued

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We have #cholera because we have a non-functional government that routinely chooses corruption, populism, patronage & dysfunction over citizen good. The PF government, with eyes wide open and surely aware of what the consequences would be, allowed perfect conditions for cholera to to exist in Lusaka as follows: 1. They allowed money due to the council from bus stops and markets to be stolen openly by their cadres, 2. For votes, they encouraged vendors to overtake the city knowing that there are no toilets 3. They ignored the criminal level of filth at Soweto market 4. They have routinely allowed money that could improve sanitation to be mismanaged. making mind boggling choices like #42For42, ambulances and mukula with scare resources that could have have fundamentally changed lives. 5. They have facilitated the brokenness in the economy that has resulted in so many surviving via a back-breaking, overcrowded informal sector. Simply this government has been concerned only about getting and holding on to power for the sole reason of enriching their individual selves. Therefore the blood of every person that has died in this cholera outbreak, the hunger ravaging homes, the loss of millions in business in on the hands of every one in the Edgar Lungu administration. They have, in relation to citizen good, acted like ticks on an emanciated dog. Written by Laura Miti Facebook The post Laura Miti: The Edgar Lungu Administration has Blood on its Hands appeared first on Zambia Reports.

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OPINION: What Next for Harry Kalaba?

The tremor caused by the Harry Kalaba resignation from government should cause some reason for concern by the political leadership. Others may argue the resignation has caused an earthquake in the Patriotic Front government. While others may dismiss it as … Continued

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The tremor caused by the Harry Kalaba resignation from government should cause some reason for concern by the political leadership. Others may argue the resignation has caused an earthquake in the Patriotic Front government. While others may dismiss it as being of no political consequence. Whatever the interpretation, the resignation is a harbinger of something gone wrong in the Patriotic Front. Kalaba alongside the likes of Dr Chitalu Chilufya, Felix Mutati, Lucky Mulusa, Vincent Mwale and vice president Inonge Wina have been among the few cabinet ministers whose standing has been generally above political affiliation. Their standing has been such that ordinary Zambians could stand proud of them without having to wear political lenses. Kalaba has been high on the list of ministers that have carried their head above shoulders with a sober mind. The Bahati lawmaker has been above the mindless tribal and divisive political talk that is at the centre of Zambian politics currently. Any sober minded person would also attest to the competence of Kalaba in the portfolio of Foreign Affairs where he served with reasonable success. When someone so settled and emblematic of the Patriotic Front DNA jumps ship what is the public to read? What has gone so dramatically wrong for Kalaba to ditch government? Is Kalaba just another ego chasing politician harbouring Presidential ambitions? Is Kalaba offering himself on the altar of political sacrifice for a greater political cause? Did he not cite corruption in the Patriotic Front government? Is he headed to the National Democratic Focus (NDC) noisy side of political business where Chishimba Kambwili is the lead vocalist? Whatever his destination Kalaba should think carefully about his next move as many before him have struggled to strike a political masterpiece with their well-intended resignations. While the Levy Mwanawasa case stands tall in our history books there have been disastrous departures as happened with Mike Mulongoti, George Mpombo and Lameck Mangani. The post OPINION: What Next for Harry Kalaba? appeared first on Zambia Reports.

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Opinion: City Clean Up, What Happens When the Soldiers Return to the Barracks?

The defence forces driven clean-up exercise of Lusaka city has opened newer possibilities for the citizens of the country’s garbage ridden city. Before this exercise citizens have lived with the illusion that nothing can be done to clean up the … Continued

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The defence forces driven clean-up exercise of Lusaka city has opened newer possibilities for the citizens of the country’s garbage ridden city. Before this exercise citizens have lived with the illusion that nothing can be done to clean up the city and given it the garden city touch. It had become customary for citizens to throw litter about, with cholera almost becoming an annually acceptable occurrence. Just 48 hours of the defence forces taking over the streets, Lusaka has apart from the poor drainage system, looked almost as clean a city as any well-meaning citizen would love to see. The streets have been ridded of the irksome presence of vendors that have previously resisted being confined to the markets. The little effort by the council to sweep the streets has shown bits of its beauty with a wash of fresh air. Government has shown its seriousness by sending cabinet ministers on the streets to re-enforce its message and intentions to the public directly. Presidential spokesperson Amos Chanda and ministers Vincent Mwale and Dr Chitalu Chilufya went about the garbage infested areas to explain the market shutdown to the public. While it is everyone’s hope that the clean remains as it is, there are some niggling areas that may require attention before the honeymoon graduates to a state of permanency. What happens to the hundreds of displaced vendors from the streets? What about penalties for a public so easily given throwing litter anyhow? Once the military personnel returns to the barracks who is going to forcefully enforce the measures put up by the soldiers? Maybe the citizenry should just enjoy the spectacle while it lasts. The post Opinion: City Clean Up, What Happens When the Soldiers Return to the Barracks? appeared first on Zambia Reports.

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Jere Turns The Heat On Police For Recruitment Of Chinese As Policemen

Former State House press aide Dickson Jere has raised issue with Inspector General of Police Kakoma Kanganja’s decision to commission some Chinese nationals as police reservists. The police spokesperson has mumbled some half-hearted explanation that Jere is having none of. … Continued

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Former State House press aide Dickson Jere has raised issue with Inspector General of Police Kakoma Kanganja’s decision to commission some Chinese nationals as police reservists. The police spokesperson has mumbled some half-hearted explanation that Jere is having none of. Jere has backed up his argument by tearing to pieces Esther Katongo’s misinformed defence of the recruitment of Chinese nationals in the service. Jere, a veteran journalist turned lawyer was special assistant to fourth Republican President Rupiah Banda. Dickson Jere Responds to Police I am back again with my arguments against the Chinese joining our police service as reservists. The PR lady of the police argues that The Zambia Police Reserve Act, Chapter 117 of the Laws of Zambia, allows foreigners to be part of the police reservists and does not discriminate. By the way, this is the colonial legislation of 1950! Now here is the killer: Our own constitution (as amended in 2016) in Article 194(a) clearly states that any Zambian who has dual citizenship cannot join the Defence Force and Security Services, which includes Zambia Police Service. So you stop you own citizens from joining the police because they have dual citizenship and yet you allow Chinese who have no links whatsoever to this soil to be part of the same police service….food for thought. Again, our Article 190(1)(a) defines the principles that governs the Defence and Security Services in Zambia and one of them is to be “nationalistic and patriotic…†. So how does a Chinese fit in this equation? Can they be nationalistic and patriotic to Zambia? And finally, the Police PR says Zambians serving in the police service cannot marry a foreigner because the Standing Orders says so…ha! What is worse between a Zambian serving in our own police force or the Chinese? Mind you the biggest scam that government has been grappling with the stolen Mukala trees which predominantly being traded by the same Chinese… need I say more? The post Jere Turns The Heat On Police For Recruitment Of Chinese As Policemen appeared first on Zambia Reports.

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OPINION: Sampa’s ‘Coming Back Home’

Miles Sampa was back from his political wanderings on Thursday and was welcomed back into the Patriotic Front family by secretary general Davies Mwila. Sampa reminded everyone of how remorseful he was having broken ranks with the Patriotic Front. All … Continued

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Miles Sampa was back from his political wanderings on Thursday and was welcomed back into the Patriotic Front family by secretary general Davies Mwila. Sampa reminded everyone of how remorseful he was having broken ranks with the Patriotic Front. All was well as he kissed and made up with the Patriotic Front at the secretariat. Nothing wrong with Sampa going miles into wanting to be welcomed back into the PF. Sampa is not a poor man and can by no means fail to survive outside politics. He has also adequate university education to easily find a job and live happily ever after if he wanted. But why was it so important for Sampa to want to be back in the PF family? Not so long ago he was all over the country telling everyone how bad the PF was and why they so desperately needed to be kicked out of power? Did we not almost believe him? How is the public expected to treat Sampa? Is it how desperately our politics have become that the only politics one can enjoy are ruling party politics? How can a not so hungry, fairly educated and perhaps handsome young man be so lost in politics? Where does it leave young aspiring politicians that are looking to a new brand of politics? Surely are we to embrace the RB apt description of “Yamunyokola njalaâ€. Maybe we should be wary of the shed of politicians that are today running around telling us how bad the PF is when they were just yesterday its fiercest defenders. The post OPINION: Sampa’s ‘Coming Back Home’ appeared first on Zambia Reports.

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Pilato Is A Brilliant Artiste: Let’s Celebrate His Extra-Ordinary Talent

If you are on one end of the political divide, Pilato’s Koswe Mumpoto [a rat in the pot] is an unsavory piece of artwork. And if you are on the other end, you will be grandstanding the singer for freely … Continued

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If you are on one end of the political divide, Pilato’s Koswe Mumpoto [a rat in the pot] is an unsavory piece of artwork. And if you are on the other end, you will be grandstanding the singer for freely expressing his views for what you would claim is obtaining in the country. Whichever side of the coin you claim to represent, Pilato’s ingenuity has revolutionized political debate in the country. When critically looking at the feedback the Koswe Mumpoto satire has generated, the impact tells it all. He is an artiste in his own class. The singer has changed the course of our discussion. Using contemporary art, he has rattled the political base. In a non-general election year, local musicians are ordinarily on the periphery of the political spectrum. Their role in politics is rather insignificant, at least for now when Dununa Reverse or Donchi Kubeba mean nothing, but a collection of computer beats. Yet Pilato has just changed the course. The Kitwe-based poet has even created some short term income generating opportunity for his fellow artistes who were waiting for 2021 to earn a bit of income from political parties. Thanks to Pilato, his fellow artistes are now falling all over the place to show their relevance to the ruling elite with less than impressive replies. But they are making the money, anyways. Let’s face it. Art is controversial. Art can divide opinions and Pilato is doing just what he is called to do although not the Iris Kaingu way. He follows through some of the most controversial artistes seen beyond our borders. It’s therefore unfortunate to see Pilato being subjected to this backlash. What our country should be doing is harnessing the gem Pilato is. Let’s forget the politics; look at his immense talent and how he is able to lead national debate. Take a moment. Listen to Koswe Mumpoto; listen and listen carefully. Pick the brains that puts together a thought process that stirs the debate we are having. For once, let’s divorce our political opinions, emotions and bias from the ultimate interpretation from the lyrics Pilato’s compilation. One will be far from agreeing Pilato is a rare breed. The young man deserves the country’s backing. Pilato deserves the support of all well meaning Zambian. His talent is exceptional, and it is this unique type of art Zambia needs to promote. The post Pilato Is A Brilliant Artiste: Let’s Celebrate His Extra-Ordinary Talent appeared first on Zambia Reports.

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OPINION: Bring Back the Good Old Guy

Former Vice President Dr Guy Scott is a man whose political legacy is assured. Dr Scott will go down as the first white Zambian President, never mind the racist undertones that may stir. But Dr Scott himself has lived through … Continued

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Former Vice President Dr Guy Scott is a man whose political legacy is assured. Dr Scott will go down as the first white Zambian President, never mind the racist undertones that may stir. But Dr Scott himself has lived through those stereotypes of being labelled white though at heart he is as black as any Zambian you will get. Having been elected Vice President by President Michael Sata, Scott broke new grounds becoming the only white Vice President on the African continent and it was a role he executed with distinction. The Cambridge educated economist was the pride of the nation becoming something of a political attraction on the Zambian front. Scott stood above everything and almost cut out for a perfect Vice President never showing any ambitions to undermine or succeed his boss. Of course at 70 years old then those are not the obvious aspirations of any politician. But of late Dr Scott has hopping with political trouble shooters at every opportunity. He has been oscillating among other slots free spirited politician to UPND cheer leader and now National Democratic Congress (NDC). Nothing wrong with Dr Scott flirting with politicians of his choice but when it puts his legacy at risk any reasonable political student would worry for the old hand. The old man seems to be drifting into political senility that is if anyone knows how polished his political image especially his loyalty whilst in opposition to politics of development. Is Dr Scott willing to throw it all away just to grind his axe with President Edgar Lungu? Is he willing to go to bed with anything or anyone that opposes the Patriotic Front, a party he helped create and popularize? Is there not any single person that can show the old man some light and let the Lungu beef go? Why not just step back and enjoy some statesmanly role? The country still wants to hang on to that romantic memory of the good old guy. Someone bring back the good old Guy. It is not good seeing him swinging between the political volatility of Kambwili and the sometimes hate laced politics of Hakainde Hichilema. Surely Guy has to be smarter than that. The post OPINION: Bring Back the Good Old Guy appeared first on Zambia Reports.

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