Mkwayaya: THE LARGEST ZAMBIAN FLAG I HAVE EVER SEEN By Mas...

Mkwayaya:  THE LARGEST ZAMBIAN FLAG I HAVE EVER SEEN By Mas...:   THE LARGEST ZAMBIAN FLAG I HAVE EVER SEEN By Masauso Mkwayaya The largest Zambian Flag I have ever seen in my extensive travels across t...

 THE LARGEST ZAMBIAN FLAG I HAVE EVER SEEN

By Masauso Mkwayaya

The largest Zambian Flag I have ever seen in my extensive travels across the country is hoisted at East Park Shopping Mall on the Great East Road in Lusaka.

The Flag is located on the left side of the Great East Road entrance near the fly-over foot bridge.

It is hoisted on a mast which looks to be about 50-meters high -making it the tallest flag mast I have come across in Zambia.

In the fading sun-rays of yesterday’s sunset, the flag flew like a fluid in the wind.

From where I stood beneath it, I could hear the wind violently tugging at the colourful fabric which appears to be bigger than a typical Zambian flag hoisted at different Government buildings.

I have not been able to verify the exact size of the flag, but it is definitely the largest I have ever seen.

Watching the flag waving in its splendour awakened a sense of pride. I watched it move in the brisk wind, almost getting hypnotised and lost in a trance of patriotism.

I had to quickly snap out of the moment to take some pictures. Those in Lusaka, look out for this giant flag and share your experiences.

The Zambian flag hoisted for the first time at midnight, 23rd October, 1964, symbolises

patriotism and the nation's wealth.

Under the steady flutter of the Zambian Flag, we are all one, despite our different ethnic, cultural and religious inclinations. Let the flag be our source of pride, honour and strength.

The Zambian flag was slightly modified in 1996. The shade of green used in the 1964 flag was replaced with brighter and lighter green and the eagle was slightly altered so as to be more like the one used in the Zambian coat of arms.

The design of the national flag of Zambia and flag protocols are described in the National Flag and Armorial Ensigns Act of 4 June 1965.

 MPULUNGU PORT

By Masauso Mkwayaya

Mpulungu port in Mpulungu District is Zambia's biggest Port with water vessels ferrying people and goods to the Great Lakes region countries such as Burundi,DRC and Tanzania among others.

For adventure lovers who may love to travel to any of these countries by water,Mpulungu Harbour should be your next destination.

Even though most ships here are cargo,I am sure one can still find some space as a passenger .

The Port is situated on the southern tip of Lake Tanganyika, in the Northern Province of Zambia. I will write about the magnificent Lake Tanganyika in a separate article. It's too special to be swallowed in this write up.

The port was built in 1930 before Zambia gained its independence. It operated as a fishing berth.

Post-independence, the port was used mainly as an alternative storage facility for fuel imported through East Africa and supplied to the Northern part of Zambia. In 1977, the port started handling exports to the Great Lakes Region.

The port is managed by Mpulungu Harbour Corporation Ltd, a company registered in 1988 and wholly owned by the government of the Republic of Zambia.

Mpulungu Harbour Corporation aspires to procure and operate vessels on lake Tanganyika and other water bodies.

Lake Tanganyika is 673km long and 50km wide, there are at least six ports on the shore lines of lake Tanganyika, all with railhead capacity and connectivity to the hinterland.

Pictures by

Masauso Mkwayaya

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KUOMBOKA 2017 IN-DEPTH DOCUMENTARY

A Chronological Account Of Referendums in Zambia.

By Masauso Mkwayaya.

 In the modern day administration of countries, many times arise, when decisions need to be made that requires majority of a country’s population to have a direct input.   

And in most countries that practice democracy, this is usually done through a general vote by the electorate, on a single question which has been referred to them for a direct decision.

This social mechanism in getting to a particular outcome is known as a REFERENDUM.

A referendum, usually offers the electorate a choice of accepting, or rejecting a proposal which usually   has a national interest connotation.

In other countries, a referendum can simply be triggered by the collection of a specified number of citizen’s signatures or by a three third majority vote, in a National Assembly or Parliament.

Since Independence, Zambia has only managed to hold two referendums. 

The first and only referendum which produced Government’s desired outcome was held 47 years ago.

Before that referendum, the Zambian Law did not have any provisions to amend any part of the constitution without going to a national referendum.

Arising from that fact, a national referendum was held on June 17, 1969. 

One of the main objectives of that referendum was to amend the constitution, to include provisions which would allow three thirds majority in the National Assembly to alter non-contentious clauses of the Constitution without going to a referendum.

69.5 percent of all eligible voters had turned up to cast their ballot in the 1969 referendum.  

And 85 percent of the total votes cast, voted to modify the constitution.

Since the 1969 referendum, Zambians spent the next 4 decades discussing issues surrounding the matter. The discussions also included calls to hold a second referendum, but it never came to fruition despite spending over 45 years of discussions.

Chairperson for the Grand Coalition for a People- Driven Constitution, Sarah Longwe, told this blogger in an interview that she was very sad that the referendum had failed.

“I feel so sad that the Bill of Rights which we have been debating for many years failed,” she continued, saying Zambians have been discussing the constitution since independence adding that it’s a shame that the document could not pull through, “We have been discussing this document for many years, we have a lot of material which we can use as we seek to amend the Billi of Rights” Ms Longwe said.

However, many years after the first referendum was held in 1969, Zambians through President Edgar Lungu managed to secure themselves a referendum.

The country’s second referendum was held on Thursday, August 11, 2016 alongside the 2016 general elections, a move calculated to reduce the cost of holding the exercise. 

The exercise was meant to get over seven million Zambian’s to  directly decide, “on whether they agreed to the amendment to the constitution to enhance the Bill of Rights contained in Part III,  of the Constitution of Zambia, and to repeal  and replace Article 79 of the  Constitution of Zambia?” 

2016 Gazetted  Referendum  Question .

According to the Referendum Act of Zambia, the proposal usually comes in form of a question,   framed in a manner which will require an electorate to give no other answer other than YES, or NO.

The proposed changes to the Bill of Rights included the amendments of the “Civil and Political Rights” and the addition of “Economic, Social, Culture and Environmental Rights and Special Rights”.

Many stakeholders tipped the 2016 proposed Bill of Rights as a very progressive piece of legislation.

But despite the proposed Bill of Rights been viewed as a progressive document by many, it failed to garner enough votes to guarantee its modification.

On August 19, 2016, Electoral Commission of Zambia –ECZ- Chairperson Justice Esau Chulu, announced live on the Public Service Broadcaster, ZNBC, that the referendum had failed because it failed to meet the prescribed thresholds needed to guarantee   its success.

For the referendum to pass ,a majority ‘YES’ vote was required together with a turnout of at -least 50 percent of eligible voters. But that was NOT achieved, thereby rendering the exercise unsuccessful   .

Out of the 7 million 5 hundred and 28 thousand and 91  eligible voters, 3 million 3 hundred and 45 thousand, 4 hundred and 71 people, turned up to vote in the referendum.

Of that number, 1 million 8 hundred and 52 thousand, 5 hundred and 59 people voted for a ‘YES’ vote. While 7 hundred and 53 thousand, 5 hundred and 49 people voted for a NO vote. 

The other 7 hundred and 39 thousand, 3 hundred and 63 votes were invalid. 

And the Young African Leaders Initiative-YALI- says it sad and painful to see the referendum fail, after spending over 50 years of trying to secure it.

“This was the second time after Zambia got its independence in 1964 that the country managed to go to a referendum, and for the referendum to fail that way, I think it’s a huge missed opportunity.” YALI President, Andrew Ntewewe said.

And the Law Association of Zambia- LAZ- said they are pleased with the 2016 proposed Bill of Rights because it is an expanded document with progressive law provisions.

Association Vice President, Eddie Mwitwa, said LAZ is however disappointed that the Bill of Rights could NOT pull through.

LAZ Vice President Eddie Mwitwa

“As the Law Association of Zambia we are obviously disappointed that the referendum failed, but at the same time we also feel vindicated that what we had said prior to the referendum, to the effect that we believed that the timing of the referendum was inappropriate has been proved, we had advocated for the referendum to be held as a separate event away from the elections.” Mr. Mwitwa said.

Mr. Mwitwa added that he is hopeful that the right thing will be done.

 “we hope that this is not the end of the matter, we believe that as a country we still have time to do things right, it was truly an expanded document .” Mr. Mwitwa added.

Since the announcement of the referendum results on August 19, 2016, a lot of reasons have come out as to why the document failed to secure requisite conditions to guarantee its alteration. 

 However, the Zambia Civic Education Association feels the referendum failed, because it was forcefully painted with a political brush which led the entire exercise to have a political complexion.

“The referendum was politicized, a referendum is different  from other elections, it’s not really about losers and winners, you don’t attach the winners and losers to people, but if you take that issue to a political arena, you expect it to be politicized.”  Zambia Civic Education, Executive Director, Judith Mulenga said.

And Bishop John Mambo from the Church of God in Zambia, who is also a member of the Grand Coalition on a People- Driven Constitution, is of the impression that the referendum failed because the Electoral Commission of Zambia –ECZ- allegedly failed to keep to its promise, to have a separate stream for people who turned up to just vote in the referendum in the August 11 General 

The clergy man also said the referendum failed because the contents of the Bill of Rights were allegedly not translated in the 7 major local languages.

Meanwhile, the Young African Leaders Initiative –YALI- is of the view that the referendum failed because a named opposition Political Party is on record of campaigning against the referendum. 

According to YALI, the failure by some Political Parties to differentiate between national interest and partisan interest steered some politicians to politicize the exercise. 

On the hand Zambia Civic Education Association revealed that the organization was geared to campaign for  the referendum ,but found it difficult to appear at rallies to carry out their duties, for fear of been accused of siding with any Political Party.

“We were constrained, because if we, as the Grand Coalition appeared at any Political rally, we would have been misconstrued of supporting a particular party.” Miss. Mulenga said”.

And The Law Association of Zambia largely attributes the failure of the referendum to lack of adequate sensitization of the exercise.

The Associations says it was difficult for people to vote for a YES or NO vote, because they were not aware of the contents of the Bill of Rights.

Association Vice President Eddie Mwitwa said in future authorities should also seriously consider translating referendum campaign materials in all the 7 major local languages.

And Chairperson of the Grand Coalition on a People –Driven constitution Sarah Longwe feels holding of the referendum together with the General Elections caused the relatively new phenomenon to be overshadowed.

NGOCC Board Chairperson Sarah Longwe.

Miss Longwe said Politicians were too busy campaigning for themselves and spent little time talking about the referendum. 

Notwithstanding its failure to be adopted and added to the 2016 amended constitution, the 2016 proposed amended Bill of Rights still has progressive provisions, which warrants the protection of various individual Rights and Freedoms.

These rights and freedoms set out in the proposed Bill of Rights –are inherent in each individual.

A Lusaka cleric, Bishop John Mambo further noted that the failed Bill of Rights has robbed Zambians of an Opportunity to hold their leaders accountable.

“It was something to keep us alert, it was a hand book for all of us Zambians, it was a tool to hold all are leaders accountable, and they would have also known that they were in office to serve.” Bishop Mambo said.

The 2016 proposed Bill of Rights has provisions that guarantee a person the right to access information held by the State or another person which is lawfully required for the exercise or protection of a right.

The State shall not exercise control over or interfere with a person engaged in – in broadcasting or the production or circulation of publications; or the dissemination of information through any media.

And the Law Association of Zambia-LAZ- feels the failure to amend the Bill of Rights, has robbed the people of Zambia of an opportunity to have independent public media.

“From the legal point of view, one thing we were very happy with as LAZ, is that our colleagues in the media, the Bill of Rights was going to provide for the independence of the media, your editorial content was going to be guaranteed, there should have been no interference from anybody, whether it’s a government official, the president or anyone.” Mr. Mwitwa said.

Furthermore, the failed proposed Bill of Rights guarantees FREE education from kindergarten to grade 12 as a right.

It also guarantees young people access to gainful employment as a right, which must be fulfilled and protected by the state.

 But the   YALI observes that the failed referendum means that Free Education and access to gainful employment is not a compulsory right.

This is because education and employment are NOT considered as rights under the current Bill of Rights, but are treated as mere privileges.

In spite of the many reasons that led to the failed referendum, it is believed to have robbed the Zambian people of an opportunity to give themselves a document to enhance their individual rights; the million kwacha question that many stakeholders might be asking is what NEXT?

 “There needs to be consensus among stakeholders, there needs to be a spirit of give and take, of listening and not pretending you know it all…we need to agree as a people, once we agree everything else we can surmount.” Executive Director at the Zambia Civic Education Association, Judith Mulenga said. 

ZCEA Executive Director.

Miss Mulenga added that the country needs to be united and agree on one thing before going to a referendum.

“We can’t go to the referendum divided, the Brexit was different, it was on one issue, on one issue you can have for and against campaigners, its fine, but if you have whole Bill, it needs a lot more thinking through.” Miss Mulenga added.

And the Law Association of Zambia-LAZ- has challenged those who de-campaigned the 2016 referendum to avoid that route in future because a referendum is NOT a partisan but national issue.

And the Grand Coalition on a People- driven Constitution has suggested that Government assembles a team of legal experts to rearrange technicalities surrounding the Bill of Rights   .

The coalition further suggests that this should be accompanied by a road map on what route will be taken to have another referendum as soon as possible.

However according to the Referendum Act, the discretion to hold a national referendum is wholly vested in the Republican President.

YALI President Andrew Ntewewe.

Fully aware of that fact, the Young African Leaders Initiative –YALI-has appealed to the Republican President, EDGAR LUNGU, to forgo whatever happened in the recently held referendum and organize another one before the 2021 elections.

The YALI feels President Lungu should call for another referendum and make it his legacy.

Whether or not Zambia will host another referendum waits to be seen, but one thing certain is that the people have a major role to play in the progression of the country. 

The power they carry through the ballot cannot in any way be downplayed. After all, power to the people demands their active participation in national matters mapping the social and economic development of the country.

President Edgar Lungu’s Rise and Reign

By Masauso Mkwayaya.

When the founding Father of the Patriotic Front, Micheal Sata died in November 2014, the Party needed to find an immediate replacement.

The person who was going to replace Michael Sata, was poised to represent the PF in the emergency elections which were held on January 20, 2015.

The January 20,  2015 Presidential elections were sparked by a clause in the 1996 Amended Constitution that required the country to hold elections ,within 3 months  after the death of an incumbent . 

This meant that the Patriotic Front only had 3 months in which to find a Presidential candidate to contest the 2015 elections.

And the person who appeared close to that task, was the then acting President Edgar Lungu.

As acting President, Edgar Lungu officiated at Zambia's Jubilee Celebrations which were held at Heroes Stadium.

This was Edgar Lungu’s major public appearance as Acting President.

And when he appeared to the crowd, clad in a green Chitenge wrapper, hanging on his left shoulder, with a wooden walking stick dangling in his hands, people screamed with excitement.

The screams and cheers from the crowd, perhaps made it apparent that the people loved the man, and imaginably needed him to be President.

It was at that event where  Lungu was coined as the Jubilee President.

But even as acting President, Edgar Lungu was to be subjected to an in house Presidential selection Process within the PF.

But before the process could even start, Edgar Lungu was forced to hand over Power as acting President to the then Vice President Guy Scott in unclear circumstances.

This signaled rough waters ahead of Lungu’s pursuit to steer the Patriotic Front as President.

From that point on-wards, the Jubilee man faced grueling opposition from within the PF.

A faction that emerged from the PF appeared to block Edgar who was also Defence and Justice Minister from becoming PF President.

During the same period, Edgar who also carried the title of PF Secretary General, was fired from that position, but was later reinstated the next day.

After weeks of ducking well calculated maneuvers to block him from heading the PF, Edgar emerged victorious after he was elected PF President, at the Mulungushi Rock of Authority during a PF Convention.

Most part of the 3 months that the PF had to campaign, was wasted in dealing with internal wrangles.

But with just less than 30 days to campaign Edgar Lungu took charge of the PF boat and contested the January 20, 2015 elections.

He won that election by a simple majority, beating his closet rival Hakainde Hichilema by just less than 2 percent.

During his inauguration on January 25, 2015, the Lawyer President immediately set the tone  by immediately appointing Dr. Ngosa Simbyakula as Justice Minister.

Lungu tasked the renowned Lawyer Simbyakula, with the responsibility to spearhead the adoption of the 2016 Amended Constitution . 

However, despite Lungu starting his 2015 tenure at a high note, his stay in Office was scheduled to last just slightly over a year ,in order to pave way for the August 11, 2016 general elections.

Though short, Edgar Lungu’s tenure in Office was to become one of the MOST challenging in Zambia’s Political history.

As President, Lungu was challenged with a daunting task to find solutions to the country’s worst ever Power deficit that led to the infamous load shedding.

Households were usually load shed for over 8 hours.  And Lungu was fully aware of these challenges .

This energy crisis led President Lungu to enter into emergency negotiations, with neighboring Mozambique for them to export electricity to Zambia.

It is also important to note that at that time, the entire Southern Africa Region was facing adverse Power deficits .Only Mozambique had enough Electricity .

But despite demand for electricity from other African countries who wanted to import the commodity from Mozambique, President Lungu managed to secure a  deal that saw Mozambique  export up to 148 Megawatts (MW) of electricity to Zambia.

That deal plus the commissioning of other energy facilities such as the 150 megawatts thermal fired Mamba Collieries Plant, reduced load shedding hours from 8 to 4 hours a day.

And that is not the only challenge  Lungu had to deal with, during his tenure, thousands of Jobs were lost in various Mines across the country. The  Job situation  in the Mines  had a huge potential to cost him his Job as President.

With Elections just around the corner, the Job situation in Mines mostly on the Copper belt ,paused a huge risk to the PF who have historically enjoyed support from the Province.

Thousands of Jobs were lost, and the mines blamed the situation on the high cost of production coupled with plummeting copper prices on the international market.

Elections were around the corner, the Opposition was capitalizing on the Job losses, the PF was slowly losing grip on the Province, and something had to be done to salvage the situation.

 Lungu made a bold decision.

The President directed that the miners be given land and be equipped with agriculture skills that would enable them to venture into farming in order to fend for themselves and their families.

The decision by the President saw the miners soften up a little.

But despite these many challenges, time was ticking for President Edgar Lungu to deliver on the Promises that he made during the 2015 campaigns.

One of those Promises that seemed a little ambitious and somewhat like mere rhetoric was the delivery of an amended Constitution to the People of Zambia.

This could be because Lungu’s Predecessors also made the same promises and never delivered on them.

But only time would tell whether the constitution talk would one day come to fruition.

But true to his promises made during the 2015 campaigns, the man who has become to be known as Mr. Walk the talk among his peers delivered the 2016 Amended Constitution to the Zambian People on January 5, 2016, just about 4 months before the commencement of the August 11 General Elections campaigns.

The assenting to the Amended Constitution was however not going to be all rosy.

 The Constitution has law provisions that required the country to subject itself to things that had not been done before in Zambia.

Some of these law provisions even affected the President himself and those around him.

When Parliament was dissolved, the President was of the opinion that Ministers needed to remain in Office.

But after a petition  to the ConCourt over the matter by Opposition Political Parties, the newly established Constitutional Court ruled otherwise.

And the President welcomed the development despite his initial opinion on the matter.

The President is on recording of saying the Courts decision was final regardless of him holding a different opinion earlier .

The Amended Constitution also provided for the Elections to be held under the 50 plus 1 electoral system that required a Presidential Candidate to gunner more than 50 percent of the total votes cast to be declared as President. 

The much anticipated Elections were held on August 11, 2016.

The Election results which were expected to be announced within 48 hours, delayed to come in due to a tedious verification process.

However ,after 4 days, on Monday 15 August, Electoral Commission of Zambia (ECZ) Chairperson Justice Esau Chulu who was the Presidential Returning Officer announced the Presidential election results.

Lungu who was declared winner of the elections was according to the Amended Constitution supposed to be sworn in a week after the announcement of the Official Election results.

But the President Could NOT be sworn in within the stipulated time because his election was petitioned in the Constitutional Court by the UPND President Hakainde Hichilema and his running mate Geoffrey Bwalya Mwamba on grounds of alleged electoral irregularities .

The Amended Constitution stipulates that a Presidential Election petition should heard within 14 calendar days.

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After 14 days, the Courts threw out that petition on grounds time in which to hear it had elapsed.

As a result of that ruling Edgar Lungu managed to drive through the many barriers that were trying to block him from been inaugurated as President.

At exactly   10:35am the President’s motorcade which comprised  BMW elite police motorbikes flashing blue beacons drove inside the  60,000  capacity   National Heroes Stadium  to a roaring crowd .

The President elegantly protruded on top of a Black Toyota Land Cruiser VX, through its sun roof.

The Jubilee man was also seen flashing a clinched fist at the multitudes of people who gathered to witness his inauguration.

A few minutes later after driving round the stadiums' running track, President Edgar Lungu who was smartly clad in his signature blue suit and a red tie, took Oath of Office before Chief Justice Irene Mambilima.

After been sworn in, President Lungu stepped into the Presidential dais to receive a Presidential salute. He later inspected a guard of honor mounted by the Zambia Army second battalion. 

3 Fighter Jets also flew past the stadium emitting smoke with Zambian Colors.

The event which was also punctuated by well-choreographed military drills displayed by officers from security wings, was also witnessed by Botswana’s President Seretse Khama Ian Khama and Zimbabwe’s Robert Mugabe plus many other Officials from other African countries. 

Various Opposition Political Parties also attended the event . And for Zambia’s only female contestant in the August 11 General Elections, Edith Nawakwi the inauguration of President Lungu meant time to move on. 

In an interview with this writer Nawakwi noted that Zambia is bigger than any one; as such energies should now be channeled towards National Development.

And National Restoration Party (NAREP) President Elias Chipimo who was sitting next to Nawakwi asked the Head of State to accommodate everyone in the running of his government.

Mr. Chipimo called on the President to be magnanimous enough and accommodate even those from the opposition.

And in his inaugural speech which he begun by greeting the  people at the stadium in Zambia’s 7 major local languages, Zambia's 6^th  President hinted that he wants to run a green orientated Government which will lead to the production of enough food for the country and the region.

The President announced that it is now a prerequisite for all senior government officials including Directors in government departments, to engage in any Agro related activities.

Lungu promised that he and his state house staff will lead the cause by example.

On Pre and Post electoral violence, Lungu indicated in his speech that he will constitute a commission of inquiry to examine factors that led to Pre and Post-election violence.

The President said the findings will be used as a lesson and reference in dealing with similar future occurrences. 

And Chief Mumena of the Kaonde people in North Western Province, noted that a Commission of inquiry was necessary and timely.

Meanwhile other Traditional leaders namely King Mwata Yamvo of the Lunda people and Paramount Chief Mpezeni of the Ngoni people,  appealed to the President to prioritize the Promotion of Peace and Unity in the country.

Meanwhile Former Acting Chief Justice who is also President of the COMESA Court of Justice ,Lombe Chibesakunda called for the sharpening and refining of some problematic parts contained in the Constitution.

Justice Chibesakunda stated that the constitution was not a permanent document as such it needed to be re-looked at and sharpened.

President Edgar Lungu who has been coined as Mr. Walk the talk now has 5 years to walk the Zambian people to the realization of his promises.

One such promise is the consideration of nuclear  energy as an alternative source of energy .
The President indicated that  exploration works have already started in the Northern parts of Zambia

The President however emphasized that the responsibility to develop Zambia should be  in individual efforts from all Zambians.