JOINT CSO STATEMENT ON RECENT BREACHES OF THE RULE OF LAW IN THE NEW DAWN ADMINISTRATION

PRESS STATEMENT

For Immediate Release

26th January 2022

JOINT CSO STATEMENT ON RECENT BREACHES OF THE RULE OF LAW IN THE NEW DAWN ADMINISTRATION

We the undersigned Civil Society Organisations (CSOs) have noted with great concern the recent governance breaches by some key figures in the new UPND Administration that have the potential to undermine the country’s human rights record and the rule of law in Zambia.

We are particularly, concerned with the silence of the President, His Excellency Mr. Hakainde Hichilema regarding the leaked audio that implicates his Political Advisor, Mr. Levy Ngoma and Ministry of Home Affairs Administration Permanent Secretary, Mr. Joseph Akafumba. In his inaugural Speech, President Hichilema committed his government to the promotion of national unity, good governance, and adherence to the rule of law. It is therefore saddening to listen to the contents of the audio which borders on undermining State institutions and the rule of law. We therefore call upon the President to publicly address the serious allegations and if necessary, disassociate himself and the Government from the contents of the audio. It is of great importance that not only is good governance and adherence to the rule of law should be done but that it should also be seen to be done.

Further, we note with concern the appointment of Minister of Green Economy and Environment, Honourable Collins Nzovu’s wife, Ms. Shezzipe Nzovu, as Head of Procurement at ZESCO without following laid down procedures. It is evident that to fill a vacancy in a public institution, a public advertisement should have been made so that the position is competed for. This is a major cause for concern as the President repeatedly stated that he would usher in an era of professionalism, integrity, and good governance and yet what we have so far witnessed is to the contrary. The Head of State has, on several occasions, made commitment that under his rule, Zambians would be employed in public institutions based on merit. We urge the President to publicly condemn such blatant breaches and call officers involved to order.

We further note the alarming statements made by the Minister of Information and Media and Chief Government Spokesperson Honourable Chushi Kasanda on professionalism in the media. Most particularly when she stated that “media freedom is not absolute as it comes with responsibility on the part of the media which include verifying information before publishing it, balance, objectivity and accuracy.” We wish to remind the Honourable Minister that Article 20(2) of the Constitution of Zambia provides that:

 Subject to the provisions of this Constitution, a law shall not make any provision that derogates from freedom of the press.”

The media remains an effective means of promoting accountability in government, and Journalists play an essential role in upholding the rule of law. In addition, media freedom is a necessary tool in any democracy as it ensures that the democratic principle of publicity, also referred to as transparency, is satisfied. Publicity, in this context, refers to making information about the operations of government public and provides the opportunity for public debate and scrutiny of matters of public concern. It was our expectation that the Minister should have been more concerned with the revelations in the audio which has the potential to erode good governance and negate the country’s democratic credentials beyond just focusing on the dissemination the same. Furthermore, we note with great concern that the Minister chose to rely on the provisions of the Cyber Security and Cyber Crimes Act, the very same Act that the President, while in the opposition then, pledged to repeal as soon as he was ushered into office. We note with disappointment, that there has, to date, been no mention of when this restrictive Act will be repealed.

We therefore urge the President to immediately put in measures to reverse the worrying trend in the conduct of some of his senior leaders and investigating wings. Our expectation is for the President to be decisive and deliver on his promises to bring forth professionalism, integrity, and good governance in the running of the country. The recent arrests of media personnel such as KBN are a worrying trend if allowed to be perpetuated. Our call is for the government to let freedoms of expression and association prevail and relevant checks and balances advanced for the advancement of Zambia’s growing democracy.

Linda Kasonde

Executive Director, Chapter One Foundation

Signed for and on behalf of the following CSOs:

ActionAid Zambia

Alliance for Community Action

Bloggers of Zambia

Chapter One Foundation

GEARS

Peoples’ Action for Accountability and Good Governance in Zambia

Transparency International Zambia

Zambia Council for Social Development

NGOCC