Showing posts with label Harry Kalaba. Show all posts
Showing posts with label Harry Kalaba. Show all posts

Saturday, 24 December 2022

Zambia Abolishes Death Penalty And Defamation Of The President

President Hichilema signs the law as his 
 Legal Advisor Christopher Mundia looks on
By Paul Shalala

Zambia has abolished the Death Penalty and Defamation of the President, two colonial era pieces of legislation which have been on the cards for repealing for several decades.

The death penalty is a capital punishment which is imposed on all those convicted of some of the gravest of offences in the country.

Anyone who is convicted for murder, treason and aggravated robbery is sent to a maximum security prison and wait to be hanged.

For Defamation of the President, this archaic law became more prominent under former President Edgar Lungu and current President Hakainde Hichilema.

Dozens of people who criticized the President found themselves on the other side of the law.

The law has been used by those in authority to reign in on critical voices and sort out dissent.

In both administrations, opposition leaders usually found themselves in Police stations and courts, answering to charges of insulting the President.

During the campaigns ahead of the 2021 general elections, President Hichilema, then the leading opposition figure, promised to repeal the two pieces of legislation.

After being elected President, Mr. Hichilema stuck to his guns, repeating his promise to abolish the Death Penalty in May and September 2022.

And on 23 December, 2022, President Hichilema signed the Penal Code Amendment Bill Number 25 of 2022 which abolishes the two controversial laws.

President Hichilema said this on his Facebook page upon signing the laws:

“Please be informed that this afternoon, we assented to the Penal Code (Amendment) Bill number 25 of 2022, abolishing the imposition of the death penalty in the Republic of Zambia, and the offence of Criminal Defamation of the President. Fellow Zambians, during our campaigns for the Presidency, we promised to amend all laws that inhibit the growth of democracy and good governance, impede human rights and basic freedoms. Today we have delivered.”

Reaction to this decision has been uniform across the country.

Politicians, activists and ordinary citizens have weighed in on the matter.

Fred M'membe

“The abolition of defamation of the President laws and criminal defamation in general has been long overdue. We therefore highly welcome the abolition of defamation of the President laws. It was an offence for any person who, with intent to bring the President into hatred, ridicule or contempt, published any defamatory or insulting statements,” said Fred M’membe, President of the Socialist Party in Zambia.

Mr. M’membe, a former Editor-In-Chief for the now defunct Post Newspapers, says the past years have seen a growing global movement towards decriminalising defamation and Zambia has not been left behind.

The opposition leader says the Death Penalty and the Defamation of the President had to go.

“These laws were clearly unconstitutional and fell foul of international standards on freedom of expression. To be more meaningful, the repeal of defamation laws needs to be immediately accompanied by the removal of the public order Act.”

Another opposition leader Harry Kalaba, who leads the Citizens First political party, says the two laws were archaic.

“We expected this and we appreciate that it has finally been done. This is a law that should never have been there in the first place. A fair playing field is a key ingredient of democracy. We thank the international community and all stakeholders for keeping tabs and ensuring that a draconian law is repealed,” said Mr. Kalaba.

The former Foreign Affairs Minister in the previous administration says there was need for wider consultation before the abolishment of the Death Penalty.

“We believe in issue-based politics and that’s why we would rather focus on the issue of death Penalty that we think should have sought wider consultation before abolishing it. There are those who have lost their loved ones to criminal activities who feel the Death Penalty is a better option while those related to the people on death row will think otherwise and therefore in our view this issue should have attracted wider consultation,” he added.

On the international scene, Amnesty International welcomed the news that Zambia had joined other countries in abolishing the Death Penalty.

In March this year, Amnesty International Secretary General Agnes Callamard visited President Hichilema at State House and issued the following statement on human rights in Zambia.

“Under former President Edgar Lungu’s administration, authorities weaponized the law to criminalize peaceful dissent, charging critics with a wide range of offences including criminal defamation, incitement of public disorder and sedition. For example, on 9 March 2020, police arrested a 15-year-old boy in Kapiri Mposhi, and charged him with three counts of criminal libel after he allegedly criticized President Lungu on Facebook. Authorities must repeal the repressive legislation, especially the Public Order Act, and the Cyber Security and Cyber Crimes Act that have been used to suppress human rights, including freedom of peaceful assembly, association and expression.”

With the abolishing of the Death Penalty, Amnesty International has reacted.

Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa said: “Amnesty International welcomes the announcement by President Hichilema that the death penalty has been abolished in Zambia. This is a good and progressive move that shows the country’s commitment to protecting the right to life.”

Harry Kalaba

Mr. Chagutah commended President Hichilema for quashing the offence of criminal defamation of the president which he said muzzled free speech and unjustifiably limited freedom of expression in the country.

“With the abolition, Zambia became the 25th country in sub-Saharan Africa to abolish the death penalty for all crimes. Zambia’s decision to ban the death penalty should serve as an example to countries in the region that still use the death penalty and compel them to take immediate steps to end this cruel, inhuman and degrading form of punishment and protect the right to life,” he added.

Mr. Chagutah encouraged the Zambian government to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

Since January 1997, no Zambian citizen has been executed as successive Presidents have been declining to sign the execution orders for those sentenced to death.

This is on the basis of Zambia having been declared a Christian Nation early in the 1990s by President Frederick Chiluba and since then, no Zambian President wants to preside over an execution.

In the last 25 years since the hang man executed the last prisoner at the Mukobeko Maximum Security Prison in Kabwe, lobbying for the abolishment of the death penalty has been loud.

Both local and international non-governmental organisations have voiced out on the matter, encouraging Zambia to join an international group of countries which have done away with the law.

As at December 2021, Zambia had 257 death row inmates who were being held at the condemned section of the Mukobeko Maximum Security Prison.

The inmates, who wear white uniforms, live in small cells which are isolated from lifers and other convicts within the prison.

Over the years, successive Presidents having been using their Prerogative of Mercy to commute death sentences into life sentences on days such as African Freedom Day (Africa Day) and Independence Day (October 25) to reduce on congestion in the Condemned Section at Mukobeko.

According to UN records, 170 countries have so far abolished the death penalty or introduced a moratorium on the death penalty or have suspended executions for 10 years.

Of these, 24 countries are in Africa and they include states like Liberia, Central African Republic and Equatorial Guinea.

Zambia now becomes the 25th country in Africa to abolish the Death Penalty.

Tuesday, 27 January 2015

Zambia's New President Edgar Lungu Re-appoints Most Ministers

President Lungu congratulates Ms Wina
By Paul Shalala in Ndola

Zambia's new President Edgar Lungu has reappointed most of the Cabinet Ministers he served with in the late President Michael Sata's Cabinet.

Mr Lungu, who was sworn in on Sunday after winning the hotly contested 20 January Presidential poll, dissolved the previous Cabinet and swore in a new one on Monday.

Prominent among the appointments is Nalolo Member of Parliament Inonge Wina who he swore in as Vice President, a development which has been widely welcomed by stakeholders.

Ms Wina replaces Dr Guy Scott who deputised the late Sata since 2011.

She becomes the first ever female Vice President in Zambia.

Others re-appointed to Cabinet are Justice Minister Dr. Ngosa Simbyakula who served as Home Affairs Minister, Finance Minister Alexander Chikwanda who retained his position and Harry Kalaba who has also retained his Foreign Affairs portfolio.

Others appointed are Dr Joseph Kasonde who has retained his Health Ministerial post while Chipili Member of Parliament Davies Mwila was sworn in as Home Affairs Minister.

President Lungu swears in Mr Chanda
He also swore in Solwezi Central UPND MP Dawson Kafwaya as North Western Province Minister and announced the appointment of Mongu Central MP Nathaniel Mubukwanu as Southern Province Minister to take over from Daniel Munkombwe who campaigned for UPND President Hakainde Hichilema during last week's presidential election.

President Lungu announced that he will announce the remaining ministerial appointees when he returns from the African Union Summit in Ethiopia in a few days time.

Other non-ministerial appointees the head of state swore in were his Special Assistant for Press and Public Relations Amos Chanda, Special Assistant for Political Affairs Kaizar Zulu and State House Permanent Secretary Emmanuel Chilubanama.

Sunday, 27 July 2014

Despite 21 Days In Captivity, Felix Ngoma Ready To Go Back To Darfur

By Paul Shalala

Upon arrival at the Kenneth Kaunda International Airport at around 14:17hrs this afternoon, Zambian humanitarian worker Felix Ngoma (right) was all smiles.

He was not looking shaken as most rescued hostages look.

"Am a happy man, am free and my spirit is still high," said Ngoma at the airport's VIP lounge.

Mr Ngoma was abducted by the Janjaweed militia of Sudan's Darfur region who demanded a ransom for his safe return..

"After three weeks of intense negotiations by various teams, am happy to report that Mr Felix Ngoma is back in the country and he will be reunited with his family today," said Zambia's Foreign Affairs Minister Harry Kalaba who handed him over to his family at the Ministry's headquarters this afternoon.

During interviews with journalists at the airport, Mr Ngoma spoke of his hope and determination to see freedom after his abduction.


"I'm ready to go back to Sudan to continue my work. My days in captivity were hard. The first 4 days i had no food but later they fed me. I did not give up hope as i knew one day i would be free," he said.


He described his stay as horrible.

His wife Mary who could hardly speak much, also described the 21 days as horrible adding: "They were my longest 21 days of my life."

Mr Ngoma has worked for the International Organisation for Migration for a long time and he has been to Sudan on two different missions.

He first went to the war-torn East African nation in 2007 and stayed there for a year.

Mr Ngoma returned to Sudan in march this year until this morning when the Ethiopian Airlines Boeing
787 Dreamliner plane flew him back to Zambia to a heroes welcome.