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Zambia’s Fiscal Dilemma, State Compensation Ethics and Treasury Stability, By Misheck Kakonde

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The recent judgments overseen by the Attorney General in compensating individuals like Hon. Mwaliteta, Hon. Frank Tayali, Mr. William Banda, and the late Mapenzi a case that should be treated separately raise pertinent concerns. These compensations, while important to acknowledge, have led to substantial payouts from the state treasury, prompting a critical evaluation of their judiciousness.

It is essential to recognize that these compensations do not originate from personal accounts, be it President Hakainde Hichilema’s savings or those of the Attorney General and associated lawyers. They derive from public funds, necessitating prudent management to safeguard the state’s financial health. President Hichilema’s prior observation regarding the nation’s empty coffers adds weight to the significance of responsible fiscal governance.

The present scenario demands intervention from the President to prevent an unchecked depletion of the state treasury. While acknowledging the importance of compensations, there’s a call for the Attorney General to negotiate more reasonable amounts in these consent judgments. The substantial sums being awarded arguably exceeding what’s reasonable ought to be revised downwards, ideally to around K200,000 or lower. Unless in the loss of less of mapenzi, Vespers and many more, their life has no amount to be attached and it is hard even for me to attach a price, may their souls continue resting in peace and those involved are investigated and prosecuted. Such a move would prevent the disproportionate drain of state funds due to payments to a select few individuals.

The Attorney General holds the crucial responsibility of representing Zambian interests and should not succumb to undue pressure from a minority seeking exorbitant compensations. Their role necessitates negotiations for fair consent agreements that safeguard the nation’s fiscal stability.

However, within the confines of consent judgments, wherein both parties cannot appeal, the flexibility for direct alteration is limited. Yet, there exists a possibility for future generations to revisit these decisions through legal means, reassessing their impact on the Zambian treasury. Therefore, the Attorney general and President Hichilema should appreciate this truth.

This situation emphasizes the need for checks and balances to ensure the judicious use of state funds. The Attorney General’s role should extend beyond mere legal representation, incorporating a broader responsibility of safeguarding the nation’s financial interests. President Hichilema’s intervention can steer a course correction, addressing the trend of excessively high compensations that strain the state treasury.

Ultimately, this scenario underscores the delicate balance between honouring just compensations and ensuring responsible fiscal management—a balance that requires prudent negotiation and oversight to protect the interests of all Zambians.

The author is a legal scholar, comparative politics specialist, History and Cultural Studies, expertise in international relations, negotiation, and protocol (ZIDIS).

Strictly Personal

For EAC states to excel, members should hire expatriate ministers, By Joachim Buwembo

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Next week, the East African Community, especially the original three members Kenya, Tanzania and Uganda, will be marking their revival Silver Jubilee, which is also an opportunity to reflect on 25 years after the passing of regional integration icon Mwalimu Julius Nyerere.

The integrationist and pro-federation Mwalimu would certainly be happy with the revival of the EAC. But how contented humanist Nyerere who committed his then poor country’s resources and lives to the emancipation of fellow Africans would be with the goings on in the region, can only be debated.

Hundreds of Tanzanian men and women at Nyerere’s command gave their lives so Ugandans would be saved from a dictatorship that attached low value to human life and “disappeared” political dissenters, with a few whose bodies were found having been disfigured sometimes with acid. In Kenya, extra-judicial executions of high-profile political dissenters were also being carried albeit with more sophistication than Uganda’s.

Should some people in Tanzania start derailing that lovely country backwards to catch up with the murderous Uganda and Kenya of the 1970s and criminalise the holding of different political views, then we would beg the EAC to find its manhood and insist that members start hiring expatriate ministers to man certain portfolios thus: For Justice and Law, expatriate ministers from the Scandinavian states would be preferable. But of course, beneficiaries of injustice and illegality would argue that ours are independent sovereign states; so to hell with protection of human lives.

For promotion of Trade and Tourism, expatriates from the United Arab Emirates would fit the bill. But of course, beneficiaries of poaching, smuggling and tax evasion would argue that ours are independent sovereign states; so to hell with expansion of trade and tourism.

For Industry, Indian expatriate ministers would do well to drive import substitution while creating millions of jobs in the region. But of course, beneficiaries of raw materials exportation and importation of consumer goods would oppose and argue that ours are independent sovereign states; so, to hell with the unemployed, human health and environmental protection.

For Finance and Economic Planning, Singaporean expatriate ministers would be appropriate, but of course beneficiaries of grand corruption and incompetence would argue passionately that ours are independent states; so let the taxes be stolen so the awful service delivery gets even worse while debilitating debts mount.

For Transport Infrastructure, expatriate ministers from the Netherlands would be suitable because integrated systems of air, rail, road and water were needed by yesterday, so that transport ceases being an obstacle and becomes an enabler of development instead.

But of course, beneficiaries dominant, inefficient transport modes will argue that we are independent, sovereign states; so let primitive transport systems and fragmented airspaces remain and keep the cost of living and doing business up.

For Energy, Japanese expatriate ministers would do the job to speedily guide our economies through the energy transition, and transfer technology like Chinese have done in Uganda to create local capacity to make electric vehicles.

But to drastically reduce reliance on fossil fuels some countries should consider hiring Ethiopian expatriate ministers who will know best how to say enough is enough, switch from internal combustion engines to electric.

US expatriate ministers can also be considered to help the adaptation of our aviation sectors to sustainable biofuel in addition to driving the processing of rare earth minerals into e-mobility batteries.

But profiteers from the poisoned fossil fuels would say we are independent and sovereign; so let fuel import bills remain high and the peoples’ health be damaged.

The all-important Education sector should without doubt be entrusted to expatriate ministers from Finland for wholesome development of our children.

But of course, the beneficiaries of the extortionist private schools and the cripplingly looted public institutions would argue that these are sovereign independent states; so let the children continue getting mentally stunted and unemployable.

And in Health, of course, the expatriate ministers should be from Sweden, to ensure that everyone accesses adequate health services. Expectedly, beneficiaries of public funds to secure treatment abroad and those who benefit from stolen medical supplies would argue that ours are independent sovereign states; so that the wanton deaths of children and mothers continue.

Give the Housing to expatriate Chinese ministers so we close the era of human beings living in pigsties. However, those who benefit from a disorganised, stunted housing sector would argue that we are independent sovereign states so the majority can continue living sub-humanly.

Joachim Buwembo is a Kampala based journalist. buwembo@gmail.com

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Strictly Personal

Tanzania, we need to talk, By Othman Masoud Othman

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The ACT-Wazalendo party has been closely following and monitoring political events in the United Republic of Tanzania which, if not attended to urgently, might lead our country into an abyss.

In the six years of the presidency of John Pombe Magufuli, the country suffered a lot. There were claims of narrowing of the democratic space, the right to assemble and the right to free speech.

After the death of President Magufuli and Samia Suluhu Hassan assumed power, there was a sign of hope. The public optimistically welcomed the 4Rs (Reconciliation, Rebuild, Reforms, Reunite). Several positive measures were taken, including the formation of a special task force, which involved members from political parties, academic institutions, the private sector, and civil society. The team came up with many measures to be undertaken: Reform of political parties and elections laws, and the enacting of a new constitution. The President went further to investigate the problems around the criminal justice system and how to solve them.

It is one year to the next general election expected in October 2025, but there is a lot of pessimism, as not enough measures have been taken as promised. Even though the Elections Act was reviewed and the Electoral Commission renamed the Independent Electoral Commission, there is a lot to be done, including writing a new constitution and implementing the proposed reforms to the criminal justice system.

recently, there have been cases of abductions and disappearances of some activists and politicians. The situation got tense after a leader of Chadema, Ali Mohamed Kibao, was abducted and later found dead. Chadema accused the government security forces of these events and called for independent investigations. President Samia also condemned the abductions and ordered investigations.

Chadema also called for peaceful protests, demanding accountability and the police banned the demonstrations.

These happenings are a sign of uncertainty towards the general election, starting with the civic elections expected next month.

We urge the Chadema to reconsider demonstrations in the country. Human rights abuses are not just morally wrong, they are short-sighted. Human rights are a sound investment. They build resilient and prosperous communities and strong institutions based on the rule of law.

We, as a party, believe that our country has people full of wisdom and religious leaders who can guide our country back to the right track.

We urge all sides of the political divide to cool down. We believe that all players have reasonable demands and the failure to listen to each other has led us where we are as a country.

We urge the government to quickly initiate dialogue involving political leaders, the police, religious leaders and other stakeholders in order to bring sanity back to our country.

Our party leaders are engaging in talks between the government and other political parties to find solutions. We urge all the citizens of Tanzania to be united on this to build a better future. we believe that this is the time to talk.

Othman Masoud Othman is the First Vice President of Zanzibar and National Chairperson, of ACT-Wazalendo.

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