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Cabinet approves to repeal and replace archaic Penal Code

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CABINET has approved in principle the introduction of a Bill in Parliament to repeal and replace the Penal Code Act, No. 42 of 1930.

This is in order to revise the law relating to criminal liability and provide the corresponding penalties.

In a statement on decisions made by Cabinet, Minister of Information and Media Chushi Kasanda said currently, the Penal Code is not comprehensive as certain offences are provided in other existing pieces of legislation and have inconsistent penalties despite being similar in nature.

She said the Penal Code also has archaic provisions that are reflective of a colonial legacy and do not conform to the advancements in society and international law and best practice.

“Therefore, the Bill, once enacted, will provide a comprehensive and modern legal framework for criminal offences that will be aligned with the international law and best practice,” Ms Kasanda said.

The Minister further disclosed that Cabinet approved the introduction of a Bill in Parliament to repeal and replace the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, in order to revise the procedure that is to be applied in criminal cases.

She said government has recognised that the Criminal Procedure Code contains archaic provisions that have lacunae and do not conform to international best practice in criminal matters.

“The provisions of the Code do not reflect the social, economic and political state of the country.  Further, the lack of a comprehensive review of the Criminal Procedure Code, since enactment in 1933, has affected the growth of the criminal justice system in the country, hence the need to remove archaic provisions and provide for the appropriate procedure that is to be followed in criminal matters,” she said.

Further, Cabinet has also proved in principle to the introduction of a Bill in Parliament to amend the National Prosecution Authority Act No. 34, of 2010, in order to revise the composition of the Board of the Authority.

“Currently Section 7 of the National Prosecution Authority Act No. 34, of 2010 establishes the Board of the Authority which is largely comprised of employees in the civil service.  Therefore, the amendment seeks to promote diversity in the selection of Board members as a way to promote the tenets of good corporate governance,” she said.

Ms Kasanda said the National Pension Scheme has been approved for the publication and introduction in Parliament during the current sitting.

She said the objective of this Bill is to amend the National Pension Scheme Act Chapter 256 of the Laws of Zambia, so as to, revise the penalty rate for delayed payment of contributions; provide for a waiver of penalties arising from delayed payments of contributions; and provide for an option to claim for age benefits by a member under the existing fund.

Ms Kasanda said cabinet also approved the Capital Markets Master Plan, and its associated Implementation Plan with a view to repositioning the Zambian Capital Markets to become an attractive international destination for long-term investment.

She said the meeting also approved in principle, to the introduction of a Bill in Parliament to repeal and replace the Plant Variety and Seeds Act, Cap 236 of the Laws of Zambia.

“Cabinet also approved in principle, to the introduction of a Bill in Parliament to provide for amendment of the Environmental Management Act No. 12 of 2011 in order to, provide for green economy considerations in developmental programmes; harmonise the provisions relating to solid waste management with the Solid Waste Regulation and Management Act, 2018; domesticate the Kigali Amendment to the Montreal Protocol on Substances that deplete the ozone layer; provide for the registration of pesticides or toxic substances; and revise the provision on summary imposition of penalties,” she said.

(Mwebantu, Tuesday, 27th September, 2022)

Politics

Govt dismisses claims of having sold shares to Kansanshi Mine, Kasanda says

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GOVERNMENT has clarified that ZCCM Investments Holdings (ZCCM-IH) has not sold its shares in Kansanshi Mining Plc contrary to the misinformation that has proliferated surrounding the new agreement between ZCCM-IH and First Quantum Minerals (FQM) over the management of Kansanshi Mining Plc.

Govenment spokesperson Chushi Kasanda said under the terms of the deal announced on December 1st, this year, ZCCM-IH will receive a 3.1 percent royalty payment from the revenue of Kansanshi which is operated by FQM.

“This royalty is estimated to be in the region of USD$50 – 70 million per year, depending on the gross value of metal products, mostly copper and gold, sold or otherwise extracted at Kansanshi. This arrangement is valid for the entire life of the mine and follows extended discussions between ZCCM-IH and FQM over the past three years. It replaces the previous dividend-based model and is expected to provide up to twice the revenue to ZCCM-IH compared to the previous arrangement,” she said.

Ms Kasanda said the advantage of this arrangement for ZCCM-IH is that the royalty will be paid out so long as Kansanshi is operational, creating a more predictable and consistent revenue stream that ZCCM-IH can use to raise financing and follow its ambitious investment strategy.

“Dividends, by contrast, would only be paid out when the mine makes a profit. They are also paid out at the discretion of the mine’s Board of Directors. ZCCM-IH will continue to hold its shares in Kansanshi and also continue to be represented on the Board of Kansanshi in order to ensure full visibility and transparency regarding the mine’s operations. ZCCM-IH will also continue to have pre-emptive rights in respect of Kansanshi,” she said.

She said also that this will increase and make more consistent revenue stream , which will allow ZCCM-IH to effectively plan for the future, enabling it pursue an ambitious investment strategy that will create jobs and promote growth in the country’s economy.

“Government advises citizens to remain vigilant and ignore misinformation which claims that ZCCM-IH is abandoning its stake in Kansanshi. This is simply a new arrangement that provides a more beneficial revenue stream while still maintaining ZCCM-IH’s ownership in Kansanshi, oversight of operations, and exposure to its future growth, including the USD$1.25 billion Kansanshi expansion which was approved earlier this year. This arrangement provides a win–win opportunity for both ZCCM-IH and Kansanshi. This is in line with the Government’s vision of promoting sustainable investment in the mining sector,” she said.

(Mwebantu, Saturday, 3rd December, 2022)

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First Lady Mutinta Hichilema did not travel to Dubai using the Zambia Airforce Gulfstream Jet

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GOVERNMENT has discribed as false, social media reports that the First Lady Mutinta Hichilema travelled by Zambia Air Force (ZAF) Gulfstream jet to Dubai to attend the Merck Foundation Africa-Asia Luminary annual conference.

Speaking at a press briefing at the Ministry of Information and Media in Lusaka today, Deputy Secretary to Cabinet for Administration, Dr Oliver Kalabo, said that the reports are not true as the First Lady travelled by a commercial flight to Dubai.

“It is not true that the first Lady travelled by ZAF Gulfstream jet. The truth of the matter is that the First Lady travelled by a commercial flight, Emmirates, flight number EK 714 and tickets provided by the organisers of the conference. She departed Lusaka on 13th November, 2022 at 21:30 hours. Coincidentally, the Gulfstream left at 02:00 hours, the same day, for Dubai, where it was due for routine maintenance. The plane has since been in Dubai and is due to return on 10th December, 2022. This is the fourth time that the jet has gone to Dubai for routine maintenance,” said Dr. Kalabo.

Dr Kalabo further explained that the First Lady travelled to Dubai at the invitation of the Merck Foundation to attend the inauguration of the 9th Edition of the Merck Foundation Africa-Asia Luminary, as guest of honour, held on 15th and 16th November, 2022.

And Information and Media Permanent Secretary Kennedy Kalunga advised citizens not to take whatever is shared on social media as gospel truth, as in this case where the reports are totally false.

This is according to a statement issued by the Ministry’s public and media relations unit.

(Mwebantu, Friday, 2nd December, 2022)

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Zambia to co-host the second Summit for Democracy next year in March

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ZAMBIA is next year expected to join Costa Rica, Netherlands, Korea and the United States in hosting the second Summit for Democracy.

The Summit will demonstrate how democracies deliver for their citizens and the nations are best equipped to address the world’s most pressing challenges.

In a statement posted on the White House website,  the leaders of the hosting nations have stated that they have taken up the call to host inorder to demonstrate uphow transparent, accountable governance remains the best way to deliver lasting prosperity, peace, and justice.

“Today, we the governments of Costa Rica, the Netherlands, the Republic of Korea, the Republic of Zambia, and the United States are pleased to announce that our leaders will co-host the second Summit for Democracy on March 29-30, 2023.

We are living through an era defined by challenges to accountable and transparent governance. From wars of aggression to changes in climate, societal mistrust and technological transformation, it could not be clearer that all around the world, democracy needs champions at all levels,” reads the statement.

The Summit will assemble world leaders in a virtual, plenary format, followed by hybrid gatherings in each of the countries with representatives from government, civil society, and the private sector.

“Together, we will showcase progress made by Summit partners on commitments during the Year of Action, and will reaffirm the vitality of the democratic model and collective action to meet the unprecedented challenges of our time. We look forward to another successful Summit, and accelerating concrete action toward democratic renewal,” reads the statement in parts.

(Mwebantu, Thursday, 1st December, 2022)

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ZAMBIA: COVID-19 STATS

06 Dec 2022, 6:23 AM (GMT)

Zambia Stats

333,746 Total Cases
4,019 Deaths
329,690 Recovered

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