These are the arguments on these 2 online tabloids ZWD and ZR Zambia Reports Mahtani Schemes Hichilema, Kabimba and M’membe Alliance Finance Bank owner Rajan Mahtani is working out a political scheme that could see the opposition United Party for National Development (UPND) and the Wynter Kabimba camp joining forces and challenge the presidential by-election following the death of President Michael Sata. The scheme also involves The Post Newspaper going soft on UPND leader Hakainde Hichilema on condition that he works with Kabimba in the forthcoming presidential election. Sources have told Zambia Reports that Kabimba and Hichilema see the upcoming election as a fight between the Bembas and the non-Bemba speaking tribe. “The two camps have been meeting with Mahtani acting as the mediator but the meetings have accelerated after the death of President Sata,” sources said. “The schemers want to completely kill off any Bemba dissent in PF that’s why they are moving to set up a tribunal against Alexander Chikwanda who they perceive to be a godfather of the PF Bemba group.” The sources said there is a lot of money at the disposal being made available by Mahtani who is keen to protect his business interests. “Right now, modalities are being worked on who should deputise the other because The Post feel confident they can have Wynter as a PF presidential candidate or HH being president to be deputised by Wynter,” added the sources. Recently, The Post has given UPND president Hakainde Hichilema and his supporters acres of space to strengthen their position in what many Zambians would view is another “marriage of convenience”. Post editor Fred M’membe had declared the UPND and Hichilema the paper’s Number One enemy and repeatedly accused the opposition party of tribalism coining terms such as a grouping of “bantustan”. M’membe also has accused on several occasions accused Hichilema of being a “merchant of death” following the opposition leader’s demands for government to be a little more transparency in the illness of President Sata. Mahtani’s interest is to also protect himself from possible prosecution for a series of fraudulent activities that includes massive money laundering using his Finance Bank. The businessman is also surviving on politically obtained nolle prosequi granted to him by Mutembo Nchito. The cartel members have realised they may not have the numbers to dictate President Sata’s successor within the Patriotic Front but will .................Zambian Watchdog KABIMBA HINTS AT FINISHING JOURNEY HE STARTED WITH SATA, MMEMBE TO LINE UP LAWYERS FOR SCOTT Former PF Secretary-General Wynter Kabimba has vowed to finish the political journey he started together with late Michael Sata. Kabimba made the revelation when he posted a message to mourn president Michael Sata. Posting on his facebook, Kabimba said: ‘With your values and ideals, you initiated me into the journey of politics to serve our people. Although you have left me before that journey is complete, the inspiration you gave me will be my guiding light through this darkest hour, and to the end of the journey we started together.’ Kabimba further said, ‘like Ive always said, to me you are my mentor, my leader and my father.You inspired me with your humility, love, selflessness, values and ideals, both as a person and as a politician.’ Kabimba is working with Fred M’membe and Guy Scott to take the presidency. After Sata’s burial or even before, Fred M’membe will line up lawyers and retired politicians to push the agenda that Guy Scott qualifies to stand as president. For days on end, Zambians will be subjected to these lectures by hired lawyers explaining why Scott qualifies to stand, according to sources at the Post newspaper. Even if Scott himself has told the Guardian newspaper of UK that he will not stand because he doesn’t qualify under the current constitution, M’membe will push it to the bitter end. The Guardian newspaper of UK has also taken a very curious and almost patronising interest in Scott being first white president in Africa after the fall of colonialism. Scott himself seems satisfied just to be referred to as ‘the first white democratic African president’ just like Zambians were told in the past that ‘the first man to see Victoria falls is David Livingstone.’ Even though Kabimba and M’membe are working together to take the presidency, Kabimba is not so keen on the project to clear the way for Scott. Kabimba wants to be president and he expects Scott to support him as PF presidential candidate. But, in the final analysis, it will be ‘King Fred’, as his minions at the Post call him, who will choose the presidential candidate. Even if the constitution is very clear that that people whose parents were not Zambians cannot stand for president, M’membe will hire lawyers to explain that the Supreme Court in 1996 said that there was no Zambia before 1964. What happened in 1996 is that Akashambatwa Mbikusita Lewanika and others, sponsored by M’membe again, went to court to argue that former president Fredrick Chiluba did not qualify to be president because his parents were not Zambian but Congolese. Though Chiluba won this case mainly on facts, as the Mbikusita team failed to prove their allegations, the Supreme Court made some comments on the presidential parentage clause. The most important comment was that there was no Zambia before 1964 and that therefore, there was no Zambian before that date. This is the judgment M’membe and his hired lawyers will try to manipulate by painting a picture that every person who was found in Zambia in 1964 became a citizen automatically. But this is not true. The Supreme court explained clearly that even if there was no Zambia until then, the new citizenship under the new country of Zambia was only available to eligible individuals not just anyone including tourists, refugees and migrant workers. The Supreme Courtsaid that: When Zambian citizenship was created at independence on 24 October 1964, the Zambian Independence Order 1964 s 3, had conferred such citizenships on every British protected person who had been born in the former Protectorate of Northern Rhodesia or, if born outside the protectorate, whose father became, or would but for his prior death, have become, a citizen by birth in the protectorate. It was clear as the Supreme Court is saying in the above passage that citizenship was for people of Northern Rhodesia whose name had been changed to Zambia. In this case of Scott, he will have to prove that his parents were Southern Rhodesia Citizens if he has to rely on this judgement. On the Chiluba case, the Supreme Court found on facts that Chuluba’s alleged father, Kafupi, was actually a Norhten Rhodesia Citizen who was just staying in Congo and was therefore entitled to Zambian citizenship on October 24, 1964. The same was the case for his mother who was then based in what is now called Mozambique. She was a Northern Rhodesia citizen. Moreover, the Zambian system is based on the British model, which makes parliament supreme when it comes to making the law. This simply means that a Supreme Court ruling does not automatically amend the constitution. So the parentage clause stands despite what the Supreme Court said in 1996. It is in the USA where the judiciary can declare acts of parliament unlawful, not in Zambia or UK. What Scott and his sponsors will have to do is to take that judgment to the Supreme Court and argue that it allows him to stand as president, if they believe so. Then the Supreme Court will have to hear their case. It should be remembered also here that the Supreme Court is not bound by its previous decisions. They can depart from it and explain the parentage clause differently this time around. It is clear that parliament wanted to bar certain types of people from running for presidency and it is inconceivable that the supreme Court would state that everyone, including migrant workers and tourists qualifies to stand. And like someone remarked on facebook; chances are that if Scott allows Mmembe to control him, he will also not finish his term.
Posted on: Fri, 31 Oct 2014 08:33:31 +0000
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