Sun, 18 Jun 2017 17:04:27 +0000
What happens next with UPND’s never-ending legal theatricals?
Dear Editor,
With the prevailing mood in the country being one of surprise over the decision by UPND Chairman for Legal Affairs Jack Mwiimbu to recommend that the suspended MPs should take the matter to court as they believed that the Speaker acted ultra vires by suspending them for 30 days.
But, in a rather unique twist of things, former UPND vice president Canisius Banda intelligently counseled the suspended 48 UPND members of parliament otherwise.
As he poignantly observed that the very existence of all members of parliament was endorsed by the Office of the President and by not recognizing a duly elected leader in Edgar
Lungu, UPND MPs were unwittingly nullifying their stay in the National Assembly (“Respect President”, Daily Nation, June 16, 2017).
Needless to say, what is happening to the UPND camp of suspended MPs is most unfortunate and most embarrassing. It is a happening that could never ever have been imagined in the days of yesteryear.
The suspended 48 UPND members of parliament are however a part of the motley collection of uncouth and disillusioned UPND cadres.
They are therefore naturally reflecting the general decay in social order and discipline that have unfortunately permeated the entire UPND political hierarchy for some time now.
Just imagine, despite the UPND MPs having boycotted President Edgar
Lungu’s official opening of the National Assembly on September 30 last year, and later seemingly apologised to the Speaker, they again boycotted the President’s recent address on March 17, this year.
It is worth mentioning that what happened in Parliament raised more dust and posed more danger to national peace and stability because the
National Assembly is supposed to be the citadel of rectitude and the bastion of law and order.
The last hope for a nation melts away when impudence and politics also engulf the very core of law formulation and enactment.
And for the suspended UPND MPs to cry foul in public was not only repugnant but ridiculous.
The former UPND vice president Canisius Banda, furthermore opined that the case of the 48 suspended MPs was a curious one and that it had set an important precedent in Zambia’s political and legal history.
Especially, when the legality of Jack Mwiimbu’s decision to sue the Speaker on the suspension of 48 UPND MPs has been questioned by several legal experts, taking cognizance of section 28 (3) of the National Assembly (powers and privileges) Act, which, in the delivery of his ruling the Speaker of the National Assembly ably quoted:
“During the period of suspension, the MPs shall not be paid a salary or allowance entitled to them. Participate in any business or activity of the House or a committee assigned to them or in their capacity as MPs, and entering the precincts of the National Assembly has been suspended. This has been extended to the Parliament Motel as well.”
There is no question that the way and manner in which this parliamentary matter is being legally handled is doing tremendous damage to the UPND lawyers’ reputation in the legal practitioners’ circles.
But what happens next with UPND’s inexhaustible legal theatricals? Honestly, nobody worth his expertise in legal issues knows.
Mubanga Luchembe,
LUSAKA
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The suspension of 48 UPND MPs by Speaker Matibini is long overdue
Dear Editor,
Speaker of the National Assembly Dr. Patrick Matibini suspended 48 United Party for National Development (UPND) Members of Parliament (MPs) on Tuesday June 13, 2017, the day parliament resumed sitting.
The suspension was exacerbated by the UPND lawmakers’ boycotting of President Edgar Lungu’s state of the nation address to parliament on March 17,2017.
If the above was not good enough, these opposition lawmakers boycotted the official opening of parliament by President Lungu last year.
This does not augur well because these people were elected to attend all parliamentary sessions besides serving the electorate in their respective constituencies.
Furthermore, these Members of Parliament took the oath to uphold the Zambian constitution and also to pay allegiance to the incumbent Head of State, President Lungu who was duly elected in the 2016 general elections.
According to the UPND lawmakers, President Lungu is not the Republican President despite the fact that he was duly elected as alluded earlier.
It is very unfortunate and disappointing that these learned lawmakers exhibited their arrogance of the highest order.
Moreover, these MPs are paid taxpayers money in salaries and allowances to do the right job. These opposition lawmakers are in parliament to serve the interest of the people in their respective constituencies.
Dr. Matibini slapped a one month suspension on these erring lawmakers with effect from June 13, 2017 within his constitutional powers, contrary to insinuations that the UPND lawmakers are being victimised by the Speaker as alleged by some people. During the period of suspension, these lawmakers who abrogated the law with impunity will not be allowed to be within the precinct of National Assembly. If the above is not good enough, they will not be paid salaries and allowances.
The suspended MPs are living in self-denial by refusing to accept that President Lungu is the President of Zambia.
Their suspension from parliament will serve as a lesson to them and they will know that arrogance does not pay.
It will further help them reform and become responsible lawmakers.
To crown it all, I commend the Speaker of the National Assembly for suspending the UPND lawmakers. And the suspension of them is long overdue.
It is unconstitutional for any MP to walk out of parliament by virtue of boycotting whether from the ruling party or from the opposition.
What these lawmakers should realise is that there can only be one Republican President at any given period of time.
At the moment, President Lungu is the duly elected Head of State of Zambia. Period!
ELEMIYA PHIRI, Lusaka.
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Let us take a leaf from Tanzania on minerals
Dear Editor
First and foremost, I write to commend President Magufuli of Tanzania for his pragmatic stance on trying to serve his Country from minerals tax evasion.
Tanzania has realized that there is a huge scam involving minerals tax evasion through unpaid taxes by main mining companies in that Country.
Zambia and indeed other African Countries should surely take a leaf from the glaring evidence that the investigation team in Tanzania has unearthed.
Zambia being a major copper exporter has to tighten its laws pertaining to minerals that we have continually complained of being exported in big quantities without corresponding financial benefit to the Country and the general populous at large.
The Tax frauds being experienced in most mining firms need bold decision to be meted out by those in authority world over to abate it.
Tax fraud is most times facilitated by our own educated Accountants who know how to elude the grip of those in government corridors, to the benefit of their masters and indeed themselves.
It is however encouraging that Zambia Revenue Authority has finally realized this challenge and has gone a step further by employing qualified Chemistry Copper Examiners to determine the grade that these mining companies export.
Before then, ZRA had no capacity to know whether the minerals being exported are of high grade or low grade to tax them accordingly.
Wisdom Muyunda
Chingola
