Opinion: Lawyer Dickson Jere Weighs In On Zambia’s ICC Exit Attempt

Journalist-turned-lawyer Dickson Jere has penned an op-ed adding to the debate arising from Zambia’s bid to withdraw from the International Criminal Court. Jere, a former State House spokesperson, believes Zambia cannot escape ICC provided it still remains a member of … Continued

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Journalist-turned-lawyer Dickson Jere has penned an op-ed adding to the debate arising from Zambia’s bid to withdraw from the International Criminal Court. Jere, a former State House spokesperson, believes Zambia cannot escape ICC provided it still remains a member of the United Nations. BELOW IS THE AN ARTICLE BY DICKSON JERE The ICC question By Dickson Jere During my study for a Masters of Laws Degree (LLM) in Human Rights, one of the courses I took was International Criminal Law. This entailed studying the background, structure and operation of the International Criminal Court (ICC). One key aspect that I learnt with much amusement was that once you are a member of the United Nations (UN), you cannot escape the jurisdiction of the ICC. This is because the UN Security Council still has a mandate to refer cases of serious crimes to the ICC even from countries that have either pulled out or are not members of the ICC. This is made possible by Article 13(b) of the Rome Statute and the UN Security Council using provisions of Chapter VII of the UN Charter. This is the reason the Sudanese President Omar Bashir has been issued with the arrest warrant by the ICC following the UN Security Council Resolution 1593 of March 2005. The Libya human rights abuses were also referred to ICC by the Security Council. Both Sudan and Libya are not members of the ICC. But again the arrest warrants issued by the ICC have been ignored by the same UN member States. President Bashir has been to South Africa, Malawi and Chad without any attempt to arrest him by the respective governments. Although of interest, the UN Security Council has powers to suspend any prosecution at the ICC under Article 16 of the Rome Statute, which is sometimes called “deferral”. But then a question begs! Under international law, precisely the “Vienna Convention on the Law of Treaties” States cannot to be bound by obligations that they did not consent. So why should ICC be an exceptional case? Do you know that out of the five permanent members of the UN Security Council, three are not members of the ICC? So why should powerful countries that do not subscribe to the ICC refer cases of other countries to the same ICC? Food for thought for now. By the way, the. ICC does not deal with election petition or petty political squabbles in a member State. It’s mandate broadly deals with three crimes, namely, (1) war crimes, (2) genocide and (3) crimes against humanity. So I am not sure what the African Union (AU) ultimate goal is to ask member states to consult whether to pull out or not because either way one cannot escape the ICC route so long as you are in UN. Anyway, I was just remembering my class notes in view of the ongoing consultation in Zambia whether we should stay in ICC or not. As they say, “the difference is the same” on this question. The post Opinion: Lawyer Dickson Jere Weighs In On Zambia’s ICC Exit Attempt appeared first on Zambia Reports.

source: Zambia Reports

FAZ DC Summon Nkana For Unruly Behaviour

FAZ has summoned Nkana Football Club over the unruly behaviour exhibited by their players and fans during a Charity Shield final played on Sunday. The fans pelted assorted missiles on the running track as Zesco United overwhelmed their players on … Continued

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FAZ has summoned Nkana Football Club over the unruly behaviour exhibited by their players and fans during a Charity Shield final played on Sunday. The fans pelted assorted missiles on the running track as Zesco United overwhelmed their players on the pitch where also players Donashano Malama and Walter Bwalya entangled themselves in unsportman behaviour. Malama was red carded for stomping on Ben Bahn while Bwalya was lucky to escape with a yellow card in a game that was broadcast live on Super Sport. The team will appear before the disciplinary committee on Saturday April 8, 2017 in Lusaka. “Nkana has been summoned in connection with their fans’ unruly behaviour during last Sunday’s Samuel ‘Zoom’ Ndlovu Charity Shield final between Zesco United and Nkana at the Levy Mwanawasa Stadium,†said FAZ spokesperson Desmond Katongo . The disciplinary hearing will come hours before the Zambian league kicksoff with Nkana scheduled to host Nakambala Leopards. The post FAZ DC Summon Nkana For Unruly Behaviour appeared first on Zambia Reports.

source: Zambia Reports

Defiant Opposition Leader Takes On ‘Mighty’ ZRA In Alleged Corrupt Deal Amounting to K140 Million

United Progressive Party president Saviour Chishimba says the legal suit against him by the Zambia Revenue Authority will give him an opportunity to expose the levels of corruption at the institution. ZRA has instituted legal action against Chishimba following his … Continued

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United Progressive Party president Saviour Chishimba says the legal suit against him by the Zambia Revenue Authority will give him an opportunity to expose the levels of corruption at the institution. ZRA has instituted legal action against Chishimba following his whistle blowing antics that seems to be rubbing the authorities the wrong way. The taxmen are demanding K100 billion in reputation damages from Chishimba for alleging that ZRA dubiously and by corrupt means awarded a contract for the Design, Supply, Delivery, Installation, Supervision, Configuration, Testing and Commissioning of an Invoice Management otherwise known as Electronic Fiscal Devices to a named Chinese company amounting to k140, million. The Authority on Wednesday instituted legal action in the Lusaka High Court on the matter. But the UPP leader has remained defiant saying he will spill the beans in court. BELOW IS HIS RESPONSE: UPP RESPONSE TO THE PURPORTED US$10 BILLION (K100 BILLION) HALLUCINATING LAWSUIT BY THE ZAMBIA REVENUE AUTHORITY (ZRA) The purported legal proceedings by the Zambia Revenue Authority (ZRA) against the United Progressive People (UPP), if indeed it is true, over our allegations of corruption in the award of the contract to the Chinese Righlux and Inspur by ZRA, is welcome because it accords us a rare opportunity to present before the courts of laws the overwhelming evidence in our possession. We maintain our position and do hereby vehemently submit that ZRA lacks integrity not only over the fiscalisation project in question, but also over the Zambia-Malawi K345 million maize exportation scandal, among other cases before us. We have not even covered 1% of the cases that we have. UPP seizes this occasion to ask ZRA to state its position over direct or indirect dealings with CilTax Consultants over the years. There is a heap of very serious issues that we shall present before the courts of laws to show how the nation is losing revenues because of corrupt senior officers at ZRA and the political elite who have taken taxpayers for granted for far too long. It is common knowledge that every organisation, as a legal person, is personified by the people who are leading it. Likewise, ZRA is personified by the Commissioner General, Mr. Kingsley Chanda, and other senior officers. This is the reason why all public officers are required by law to declare the direct or indirect interests that they have in entities that have questionable dealings with public bodies under which they are called to serve. UPP shall successfully and overwhelmingly prove that ZRA, in its current form, lacks the integrity that the people of Zambia expect it to uphold. Our evidence shows that ZRA was represented in the sitting of an irresponsible committee that cleared Transglobe Limited of Malawi to export 50, 000 tonnes of the 100, 000 tonnes of maize under the K345 million letter of credit which was primarily issued in favour of the Zambia Cooperative Federation (ZCF). ZRA must explain to the people of Zambia how it was part of the maize exportation scandal without showing how taxes were going to be collected since Transglobe is not registered for tax purposes in Zambia. This is why we shall continue to demand for a tribunal to probe Hon. Dora Siliya so that she can explain how she worked with President Edgar Chagwa Lungu to facilitate corruption. ZRA too, owes Zambians an explanation. We shall not rest until the tribunal is appointed. We are thankful to God that the purported lawsuit is a golden opportunity to prosecute ZRA over its alleged role in the maizegate saga. ZRA must now prepare to face UPP in court and explain how some questionable corporate entities are used to evade the taxes by way of dubious appeals that culminate in massive reductions of taxes for a select few. ZRA must explain why it failed to perform its legal duty of care to Zambians by not undertaking due diligence before awarding the contract to Righlux and Inspur when all the details on corruption and technical bottlenecks under the Zimbabwe Revenue Authority associated with the same company are within the reach of ZRA. If ZRA had integrity, it would have been enforcing the law fairly and impartially. How many corporations owe Zambians taxes? Why did ZRA selectively pounce on the Post Newspaper with force leaving out many others that have even more tax liabilities? Integrity demands that justice be rendered to all in a manner which is above board. UPP sternly warns ZRA to concentrate on corruption-free measures that will help Zambia to generate tax revenues that will help the nation to settle the debts and advance economic development. The K100 billion being claimed is an ill conceived and misguided lawsuit. It is about the same amount of the national debt that Zambia has – it is also almost double our national budget. This money will certainly not come from the UPP. Nonetheless, UPP has initiated the #BringBackOurMoney! anti corruption crusade, which seeks to prevent corruption as well as recover all the stolen funds and we can guarantee that the public resources that have been plundered shall be paid back to Zambians. We have kept the evidence under lock and nut in a secure place that no one can enter except a few justice fighters. The army, police and prison officers, intelligence officers, civil servants and workers in the private sector are being subjected to hostile high taxes because of corruption. The PF-MMD regime has run out of ideas on how to grow the economy and create jobs for Zambians. Consequently, they have resorted to heavily taxing the citizens to sustain the costly and aimless international travels of President Edgar Chagwa Lungu and his ministers. The people of Zambia are facing hardships, but the reckless and insensitive PF-MMD leaders are continuing to waste public resources on luxuries. Enough is Enough! We, in the UPP, believe in the justice and power of the Almighty God who has called us to the kingdom at a time such as this. We are fully FORTIFIED and ready to defend the truth. I and all those that the LORD God of Heaven has given me shall not die, but live to declare the works of the LORD, signs and wonders in Zambia from the Holy One of Israel! These words of prophecy shall come to pass before the eyes of this nation! God bless our nation! Saviour Chishimba UPP PRESIDENT The post Defiant Opposition Leader Takes On ‘Mighty’ ZRA In Alleged Corrupt Deal Amounting to K140 Million appeared first on Zambia Reports.

source: Zambia Reports

GNPC Officials Freed

[The Point] The High Court in Banjul, presided over by Justice Martias O. Agboola, yesterday discharged all the ten accused persons allegedly involved in the crude oil scam amounting to millions of dalasis.

[The Point] The High Court in Banjul, presided over by Justice Martias O. Agboola, yesterday discharged all the ten accused persons allegedly involved in the crude oil scam amounting to millions of dalasis.

source: AllAfrica News: Gambia

GPA One Place Above Safety in Gff 1st Domestic League

[The Point] The 2015-2016 domestic division league champions Gambia Ports Authority are currently struggling one place above the red zone in the 2016-2017 Gambia Football Federation domestic division one league after their wonderful performance in thei…

[The Point] The 2015-2016 domestic division league champions Gambia Ports Authority are currently struggling one place above the red zone in the 2016-2017 Gambia Football Federation domestic division one league after their wonderful performance in their recent league fixtures.

source: AllAfrica News: Gambia

MRC Sensitizes Communities On TB Transmission and Prevention

[The Point] Medical Research Council Unit (MRC) The Gambia recently organised sensitisation campaign for the communities of Latrikunda, Abuko, Sinchu Baliya, Sinchu Sori and Wellingara on the transmission of tuberculosis and its dangers.

[The Point] Medical Research Council Unit (MRC) The Gambia recently organised sensitisation campaign for the communities of Latrikunda, Abuko, Sinchu Baliya, Sinchu Sori and Wellingara on the transmission of tuberculosis and its dangers.

source: AllAfrica News: Gambia

Kexx Utd, Serrekunda East Bi Set to Tussle for Survival in Gff 1st Division

[The Point] Kexx United and Serrekunda East Bi are vying for survival in the country’s second tier next season after their dismal performance in the league campaign.

[The Point] Kexx United and Serrekunda East Bi are vying for survival in the country's second tier next season after their dismal performance in the league campaign.

source: AllAfrica News: Gambia

Activista – Vote for the Right Candidates

[The Point] Omar Danso, Campaign Coordinator, Activista-The Gambia, has urged electorate to vote for the right candidates during the forthcoming April 6, National Assembly elections.

[The Point] Omar Danso, Campaign Coordinator, Activista-The Gambia, has urged electorate to vote for the right candidates during the forthcoming April 6, National Assembly elections.

source: AllAfrica News: Gambia

Ncce Concludes Nationwide Seminars On Women Participation in Politics

[The Point] The National Council for Civic Education (NCCE) yesterday concluded nationwide seminars on women participation in politics and elections at the CIAM conference hall.

[The Point] The National Council for Civic Education (NCCE) yesterday concluded nationwide seminars on women participation in politics and elections at the CIAM conference hall.

source: AllAfrica News: Gambia