ZCCB PASTORAL STATEMENT ON THE STATE OF THE NATION

ZCCB PASTORAL STATEMENT ON THE STATE OF THE NATION

“Seek Justice, rescue the oppressed, defend the orphan, plead for the widow”
(Isaiah 58:6-7)

Dear Brothers and Sisters in Christ and all people of goodwill.
May the peace and love of our Lord Jesus Christ be with you all.

PREAMBLE

We, the members of the Zambia Conference of Catholic Bishops (ZCCB), recognizing the abundant blessings God has bestowed upon our nation over the past 60 years since independence, wish to convey our Congratulations to the Republican President, the Government and all people of Zambia, as we pay tribute to the gallant men and women who fought for this independence.

It is in this context of Zambia @ 60 that, having listened to the cries of our people for guidance on political, economic, and social issues affecting the nation and, guided by Sacred Scriptures, the Social Teaching of the Church, the principles of justice, peace and compassion, take this opportunity to raise some pertinent issues on the state of our nation.

1. POLITICAL SITUATION

The Constitution of Zambia, as amended in January 2016, starts with a gripping preamble that is worth quoting in its entirety for two reasons. The first is that it safeguards the work of the Church as shepherds entrusted with pastoral care of the flock of God and who continue to stand in solidarity with the people of Zambia, especially the poor, the needy and the marginalised. Nothing that is genuinely human fails to find an echo in our hearts. Therefore, the joys and hopes, the griefs and anxieties of the people of our time, especially of those who are poor or afflicted in any way, are our joys and hopes, our grief and anguish as well. The second reason is that the preamble in the
Cf. Vatican Il, Gaudium et Spes, no. l.
Constitution serves as a reminder of the fundamental liberties and freedoms that the Zambian people wanted to exercise and enjoy when they reintroduced multiparty democracy in 1991. Here is what it says:
“We, the people of Zambia:

ACKOWLEDGE the supremacy of God Almighty; DECLARE the Republic a Christian Nation while upholding a person’s right to freedom of conscience, belief or religion; UPHOLD the human rights and fundamental freedoms of every person; COMMIT ourselves to upholding the principles of democracy and good governance; RESOLVE to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the State are performed in our common interest; CONFIRM the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order; RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our Nation and our right to manage our affairs and resources sustainably in a devolved system of governance; RESOLVE that Zambia shall remain a unitary, multi-party and democratic sovereign State; RECOGNISE AND HONOUR the freedom fighters who fought for the independence of our Nation in order to achieve liberty, justice and unity for the people of Zambia; AND DIRECT that all State organs and State institutions abide by and respect our sovereign will; DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION”.
The meaning of this preamble is clear and does not require much interpretation. Its carefully chosen words convey the message that the conduct of those in the political environment must be guided, at all times, by the principles and values that are stipulated in this preamble. Unfortunately, a review of the prevailing political environment indicates a deeply worrying departure from the ideals of a politically plural society.
1.1 Increasing arrests of opposition politicians and unlawful detentions
We are gravely concerned by the turnover of arrests of opposition politicians by the Zambia Police Service. For instance, not less than six presidents of opposition parties have been arrested on various charges in the recent past and the number is much higher when it includes other officials of the political opposition. Here, it is worth noting that we are not referring to arrests related to corruption; we are referring to arrests of a political nature that fall within the realm of the exercise of democratic rights. It is not possible that only opponents of the party in power are criminally minded, so we are left to wonder if the frequent arrests and detentions of opposition leaders and officials is a deliberate strategy aimed at instilling fear and intimidation in them, keeping them busy in court with costly and time-consuming litigation that undermines their political work, and potentially securing convictions that could exclude them from participating in future electoral contests. We urge the authorities to accept the existence of the opposition and respect their duty to hold the government to account and to desist from criminalising political speech and debate. In a truly functional constitutional democracy, neither the police nor the party in power have the authority to prescribe to opposition parties how the government should be opposed.
Even more alarming is the disturbing trend by the police of keeping suspects in detention for a period longer than prescribed by the law. Examples of those who have fallen victim to these prolonged and unlawful detentions abound and they include journalists, ordinary citizens, and both civic and political leaders who express dissenting views through speech and peaceful protests. These actions by the Zambia Police Service undermine the fundamental rights and freedoms of speech and assembly and cast doubt on the government’s commitment to democratic governance. During his election campaign prior to the 2021 general election, President Hakainde Hichilema pledged to uphold human rights and ensure the rule of law, as per the preamble of the Constitution of Zambia. However, recent events have tended to cast doubt on the promises made.
Detaining individuals without charge and subjecting them to prolonged detention in inhumane conditions without trial is a clear violation of people’s fundamental rights and freedoms. It is imperative that the Zambian Government takes immediate steps to address this trend. Authorities must ensure that all arrests are lawful and based on credible evidence. We urge the government to ensure professionalism in the quest to maintain law and order. Furthermore, the government should uphold Article 18 of the Constitution and ensure that those charged with criminal offences are “afforded a fair hearing within a reasonable time by an independent and impartial court established by law.”
1.2 Retention of Anti-democratic Laws and the Penal Code Amendment bill of 2024
We are deeply concerned by the continued failure by the Government to repeal anti-democratic provisions in laws such as the Cybersecurity and Cybercrimes Act, the Public Order Act, and several sections of the Penal Code Act such as those that criminalise libel. All these provisions undermine the enjoyment of human rights and fundamental freedoms and the principles of democracy and good governance that are signalled in the Constitution’s preamble. These legal provisions are not reasonably justifiable in a democratic society.
They are among the repressive laws that the current President of Zambia pledged to reform if elected when he was in opposition. The failure to strike these repressive laws from our statutes erodes public trust in the political integrity of our leaders. Many of our leaders seem to find it easy to change positions on policies solely for personal gain, expediency, or convenience. We have seen leaders subscribe to particular principled positions when in opposition only to repudiate those very positions when accorded the instruments of power. It is such behaviour that gives our politics a bad name. We appeal to the conscience of each of our politicians in the current government to honour their pre-election campaign promise to repeal antidemocratic laws, to be consistent with the principles they avowed when they were in opposition, and to be truthful and committed to performing the functions of the State in, as per the preamble, our common interest.
We also appeal to the Government to withdraw the Penal Code Amendment Bill Number 17 of 2024 for further consultation. The Bill seeks to make two amendments to Section 70 of the Penal Code Act which provides for the crime of expressing or showing hatred, ridicule, or contempt for persons because of race, tribe, place of origin or colour. The first proposal is to expand the grounds for hatred, ridicule or contempt to ethnicity, region, and religion. The second proposed change is to extend the jail terms of those convicted of this offence from the current maximum of two years to between seven and twenty years. What constitutes ‘hatred, ridicule or contempt’ is not defined, thereby giving wide discretion for interpretation and abuse. In addition, the amendments seek to sustain the problematic current status quo where pursuing charges of ‘hatred, ridicule or contempt’ requires the consent of the Director of Public Prosecutions (DPP). As history has shown, this provision has enabled the incumbent DPP to make partisan calls that have previously benefited the government by way of only sanctioning the prosecution of opposition figures while declining to sanction the private prosecution of government officials or those associated with the ruling party on similar charges of hate speech.
We therefore reject the proposed amendments to Section 70 in their entirety because they are too vague, too broad, open to abuse, have the potential to undermine the freedom of expression guaranteed in Article 20 of our Constitution, and clearly designed to target critics and political opponents of the party in government. If passed, the proposed changes would eliminate political debate and legitimate criticism of government actions or policies, and amount to passing a death sentence on our democratic rights such as free speech. As well as withdrawing the current Bill, we call upon the government to subject the entire Penal Code Act to a thorough review to align it with our Constitution so that the changes to be made are comprehensive rather than piecemeal and self-serving.
1.3 The worrying state of the judiciary
In our previous pastoral statement, we expressed grave concern about the conduct of the Judiciary in the handling of intra party differences mainly those pertaining to the leadership of the opposition Patriotic Front (PF). We urged the judiciary to adjudicate such matters in an impartial, decisive, and timely manner. Unfortunately, our call has not been adhered to. Cases that were filed a long time ago remain undetermined. We urge the Chief Justice of Zambia Mr Mumba Malila SC to put the important institution he leads in order by to expediting the determination of the cases. A loss of public faith in the Judiciary is a recipe for chaos and complete lawlessness.
We have also noted the continued dismissals of judges, sometimes under very controversial circumstances. To build trust in the integrity of the process that removes judges, we urge the Government to introduce amendments to Part IV of the Judicial Code of Conduct Act, which provides for the appointment of members of the Judicial Complaints Commission (JCC). Such amendments should introduce a transparent appointment process and specific qualifications and competencies that those appointed should possess beyond a mere ability to hold or to have held high judicial office. Given the important role they play, the men and women who are appointed to the Judicial Complaints Commission, like those tasked with appointing judges in the Judicial Service Commission (JSC), should also be confirmed by at least twothirds majority support of members of parliament in the National Assembly, as opposed to the current simple majority. This proposed change to legislation on the appointment of commissioners serving on the JCC and JSC would go a long way in strengthening the independence and quality of our justice system.
1.4. Electoral and Constitutional reforms
We have noted the ongoing efforts by the Electoral Reform Technical Committee appointed by the Electoral Commission of Zambia (ECZ) to review laws relating to electoral process and take submissions from members of the public on the same. We affirm that electoral reforms in a developing democracy like ours are critical. However, in view of the proximity of the 2026 general elections – only about 19 months remaining, we invite the Government to reflect further on the prudence of continuing with this exercise lest it raises legitimate suspicions of attempting to give undue advantage to the party in power.
In the same measure, we have noted that no roadmap on the review of the Constitution has been agreed upon to date. We accordingly urge the Government to seriously consider postponing the amendment of Zambia’s Constitution to the post-2026 election period. This is because it is too late to build the kind of consensus that is required for such a serious exercise.
2. ECONOMIC SITUATION
We reiterate our commendation of the Government’s efforts to recruit thousands of teachers and health workers, and those in the security services such as the military and the police. These efforts will go a long way in alleviating poverty among our people. We also commend the government for reaching a restructuring deal with the official creditors who include multilateral institutions like the International Monetary Fund, bilateral donors such as the United States and the European Union countries, bilateral agencies from China and other emerging markets, and private bondholders. Although the debt restructuring deal does not amount to debt cancellation, it reschedules the debt repayments to a later date, reduces interests on the debt, and frees funds for expenditure in social sectors. These efforts are commendable.
However, the economic situation remains precarious and of particular concern are the following areas:
2.1 High cost of living
The agriculture sector has been badly affected by the 2023/ 2024 drought and poor distribution of farming inputs, while the price of mealie meal has escalated beyond the reach of most Zambians. In addition, the monthly changes in fuel prices have severely destabilised key components of the energy sector, including supply reliability, pricing stability, and overall market efficiency. The exchange rate, which was expected to stabilise on the day the new government was sworn in as we were promised, has instead remained volatile, negatively impacting key areas of the economy such as import costs, inflation rates, and business operations. Added to this is the fact that while foreign companies have been accorded incentives by the State, Zambian small-to-medium scale businesses have been forced to close after being choked by the difficult economic environment. As a result, unemployment has increased especially among the youths, and the cost of living is now much higher than it was in 2021. We appeal to the Government to put in place effective interventions that will reduce the cost of living that continues to escalate.
2.2 Reduced Revenue from the Mining Industry
We commend the government for finding equity partners for the country’s biggest mines such as Konkola Copper Mines and Mopani Copper Mines. Such efforts would go a long way in increasing copper production and revitalising economic life on the Copperbelt. However, we are concerned that the country continues to receive reduced earnings from the mining industry
including from mines such as those run by First Quantum Minerals in NorthWestern Province.
We reiterate the unheeded call we made in the November 2023 Pastoral Statement for the government to increase the State’s shareholding percentage in foreign mining companies and to review the tax holidays that were extended to such companies in previous budgets. Mining is the main stay of Zambia’s economy, and it is important for the government to prioritise increased copper production as much as increased revenue collection from our jewel industry. Mining should not only drive economic growth but also serve the interests of all Zarnbians by ensuring sustainable development and wealth sharing. We call upon the government to establish a transparent and accountable legal framework for mining operations, focusing on environmental protection, equitable taxation, and workers’ rights. These measures are essential to protecting Zambia’s natural resources and guaranteeing that the benefits of mining are felt by every citizen, not just a privileged few.
2.3 Crippling energy crisis
This crisis has affected almost all the sectors of life. Businesses across various sectors, such as manufacturing, education, and entrepreneurship, have had to curtail operations or halt production altogether, leading to job losses and reduced output. The informal sector, which employs a significant portion of the population, is also severely affected, as small businesses are struggling to maintain operations without a reliable power supply. The impact has been too averse to ignore. To mitigate the risks associated with hydropower dependence, as a long-term measure, the government must focus on diversifying its energi sources.
Investing in alternative energy sources, such as solar, wind power and thermal power, can provide a more reliable and sustainable supply of electricity in addition to building hydropower stations in areas where we already have natural reservoirs of water. Solar power, in particular, holds immense potential, given Zambia’s abundant sunshine. The current power crisis serves as a stark reminder of the need for long-term planning and strategic investment in the energr sector. This and future governments must invest in infrastructure to ensure a reliable and affordable power supply. By learning from the mistakes of the past, Zambia can build a more resilient and sustainable energy future.
2.4 The Fight against Corruption
Reports of improved performance of Zambia on the Corruption Perceptions Index (CPI) are encouraging and commendable. Further, we commend the Government for its efforts towards fighting alleged corruption of officials under the previous administration of the PF. However, we urge the Government to show similar commitment to fighting current corruption.
Successive reports from the Financial Intelligence Unit and other official bodies show that corruption in Government is on the increase, but senior Government officials seem to be shielded from prosecution. We ask the Republican President to suspend from office any public leader facing investigations in order to prevent them from interfering with the process. Furthermore and, in the spirit of transparency and exemplary leadership, we urge the President to publicly declare his assets and liabilities, even though there may not be such a law compelling him to do so.
We have noted that in this fight against corruption, the state is recovering a number of assets through the courts of law. Our recommendation in this regard is that these assets being forfeited to the State must be used in a transparent and accountable manner for the benefit of the Zambian people.
To strengthen the fight against corruption, we strongly call on the Government to amend the Anti-Corruption Act and provide for the following changes: the extension of sentences for corruption from the current few years; the appointment of the Director General of the Anti-Corruption Commission (ACC) by the Board of Directors as opposed to the President; the specific competencies and qualifications that the person appointed to the office of Director General of the ACC should possess; and that such a person must be ratified by a two-thirds majority of all members in the National Assembly.
2.5 Food security
The current drought has taught us to ensure sustainable food security in Zambia through Government prioritising agriculture in regions that ordinarily receive adequate rainfall. Implementing a strategic policy that directs the allocation of farming inputs, such as fertilizers and high-quality seeds to these areas can significantly boost agricultural productivity. By concentrating resources on regions with reliable rainfall patterns, Zarnbia can maxlmize crop yields and minimize the risks associated with unpredictable weather conditions. This targeted approach will contribute to a more resilient and selfsufficient food system, ultimately alleviating hunger and poverty.

3. STATE-CHURCH RELATIONS
A cordial relationship between the Church and State, devoid of any competition or rivalry, is essential for the overall well-being of the nation. By working together, the Church and State can address the challenges facing Zambia and build a brighter future for all. However, there seems to be a disconnect between the high offices and the implementing offices of Government in the relationship between the Catholic Church and the State. While the Head of State indicates that Government recognises and appreciates the immense contribution of the Catholic Church to national development, there continues to be an unabated attack on the leadership and freedom of the Church.
In the already cited Pastoral Statement, we asked the Government to publicly apologise to the Catholic Church in Zambia for the attacks on Archbishop Alick Banda by the Chief Executive Officer of the ruling party. We stated that the calling of Archbishop Banda as “Lucifer” was not only an affront on the person of the Archbishop but the entire Catholic Church and its leadership. Unfortunately, up to now, our call has been ignored.
If anything, we have witnessed more unfortunate incidences where the premises of the Catholic Church have been invaded by the state police and/or cadres. The ZCCB had directly engaged the President on the invasion of the office of the Bishop of Kabwe. Despite promises that the issue would be addressed, nothing has come forth up to now. Instead, more attacks on the Bishops or Church premises have been seen in Mpika, Ndola, and more recently in Lusaka, where the privacy of the Church was violated.
These and other experiences do not reflect the message of a cordial working relationship that should be there between the Church and the State. We are concerned that despite the Republican President’s repeated calls for close collaboration and respect for the Church, the law enforcement agents do not heed the guidance given. We urge the Government to respect the right to worship and allow the Church to conduct its activities without undue interference from the police.

CONCLUSION
We would like to conclude by urging all of us to pray for this nation so that we may thirst and hunger for a more just society were the oppressed, the orphan and the widow can live life to the full. Let the celebration of the Diamond Jubilee of our independence be an occasion of renewal and soulsearching on how we can develop ourselves as a free, peaceful and united country in the spirit of One Zambia One Nation. May we, in all that we think, say and do, give praise and glory of God who is Himself full of mercy and love.

End of the Statement
Given on Friday 15th November 2024, at Kapingila Guest House, Lusaka.
Signed by:

Most Rev. Ignatius Chama,
Archbishop of Kasama and ZCCB President

Rt. Rev. Charles Kasonde,
Bishop of Solwezi and ZCCB Vice President
Most Rev. Alick Banda, Archbishop of Lusaka + /SOL.—-—
Most Rev. Benjamin Phiri, Archishop of Ndola
Rt. Rev. George Zumaile Lungu, Bishop of Chipata
Rt. Rev. Clement Mulenga, SDB, Bishop of Kabwe
+C• C+9kc40 CAI,
Rt. Rev. Evans C. Chinyemba, OMI, Bishop of Mongu
Rt. Rev. Patrick Chisanga, OFM Conv., Bishop of Mansa
Rt. Rev. Valentine Kalumba, OMI, Bishop of Livingstone
Rt.Rev. Edwin Mulandu, Bishop of Mpika
Rt. Rev. Raphael Mweempwa, Bishop of Monze

Rt. Rev. Gabriel Msipu Phiri, Auxiliary Bishop of Chipata

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