Tuesday, August 18, 2009

LAZ joins Sangwa in pursuing removal of chief justice

The Law Association of Zambia (LAZ) has been allowed to join the matter in which a Lusaka lawyer is asking the High Court to order Chief Justice, Ernest Sakala and Supreme Court judge Peter Chitengi to vacate their offices.

Lusaka High Judge Munalula Lisimba granted an order to LAZ after the association applied to join the proceedings as friends of the court because the matter involved issues that were related to the object of the association.

This is in a case in which former Access Financial Services directors, Aaron Chungu and Faustin Kabwe through their lawyer, John Sangwa petitioned the High Court to remove the duo from performing Supreme Court duties due to alleged over-age.

According to an affividat in support of ex-parte summons for an order to attend proceedings in the High Court as friends of the court, LAZ secretary Margaret Chalwe states that the association believed that the matters before Mr Justice Lisimba would invariably affect the general membership of LAZ.

“The council meeting of LAZ held at the secretariat on August 5 this year, resolved that the association participate in proceedings by modus operandi of amicus curiae ‘friend of the court’,” Ms Chalwe stated.

She states it was in this regard that LAZ had appointed Eric Silwamba and Company to act for the association on their behalf.

Ms Chalwe states further that the LAZ believed parties in the case would not be prejudiced in any way if the association was represented in the proceedings by friends.

She states that the court would conversely benefit of hearing independent counsel who would help the court by expounding the law impartially and the interest of justice would be served.

Reject self-regulation at own peril warns Shikapwasha

General Ronnie Shikapwasha has warned media associations about rejecting the six months ultimatum saying they do so at their own peril. He says Government will proceed to present to Parliament a bill to regulate the media.

Shikapwasha said he is disappointed with the media bodies’ decision to U-turn on their agreement with Government that they would come up with a document on self-regulation of the media in the country within six months.
He said this in an interview yesterday in Lusaka.
“It is wrong for the MISA chairperson and his group of media associations to say we have rejected the ultimatum when they had agreed to come up with a self-regulation of the media document. That is being unreliable because this is only two weeks ago when they agreed with the Vice-President to come up with that document. That’s not the way we operate,” Gen Shikapwasha said.

He said self-regulation of the media is the desire of the people in the country.
“The people are looking for self-regulation of the media to ensure ethical reporting in the media. If nothing comes up then the Government is obliged to bring a media regulation bill,” he said.

Gen Shikapwasha said coming up with legislation to help the media operate in ways that ensure adherence to ethics is not a new phenomenon in the southern African and gave Zimbabwe, Kenya and Botswana as some of the countries where such legislations have been made.

Gen Shikapwasha was reacting to media associations that have rejected Government’s six-month ultimatum for them to come up with a self-regulatory body or have Government present a draft statutory media regulation bill.

Media Bodies Reject State Ultimatum but offer no solution

Media self regulation has been in the news of late. On August 6, 2009 media associations met vice president George Kunda, they agreed to provide a document on self regulation within six months. Kunda went on to challege media associations to provide a bill on self regulation within six months failure to which the government would legislate. He also told them government had already drafted such a law.

But on August 16 media association held a briefing at MISA Zambia House where they rejected the government six month ultimatum. the following story appeared in the local media on August 17, 2009:

Local media bodies have rejected the six month government ultimatum in which they have been asked to come up with a self-regulatory body or be subjected to statutory regulation.

Information and broadcasting minister Ronnie Shikapwasha, however, insisted the government would introduce in Parliament a Bill to effect statutory regulation if the media failed to meet the deadline.

Vice president George Kunda last month gave a six month ultimatum to media bodies to come up with a self regulatory body. He also announced that government had drafted a media Bill to regulate the operations of journalists if they failed to come up with a self regulatory body within the given time frame.

The Press Association of Zambia, MISA, Press Freedom Committee of The Post, Zambia Union Journalists, Zambia Media Women Association and PANOS Southern Africa said in a joint statement that Zambia had adequate laws inhibiting the operations of the media.

ZAMWA member Sally Chiwama said the media would not accept the arrangement of coming up with a statutory regulatory body. Among the laws that governed the media, Ms Chiwama said were the laws on defamation, sedition and prohibition of false publication among others.
“We do not have intentions to accommodate such an arrangement whether it came today or in the next 100 years because we feel there are adequate laws in Zambia which are inhibiting the operations of the media,” Ms Chiwama said.

General Shikapwasha said in an interview that it was wrong for the associations to reject the ultimatum when in the meeting with Mr Kunda they agreed to the suggestion.
“The media bodies were in a meeting with the Vice president and they agreed that they would in ssix months time create a body for self regulation. If they had a problem they should have said it during the meeting,” Gen Shikapwasha said.
He said he was surprised that the associations could change from what they discussed with Mr Kunda.

Friday, August 07, 2009

Media associations seek new ethics body

Zambia Union of Journalists general secretary, Chapadongo Lungu has said the media bodies are currently consulting on the need to come up with an all-inclusive ethics enforcing body to which all practitioners would subscribe.

He said the media bodies would soon come up with a joint team to study the issue and come up with relevant recommendations.

Protest may be hijacked says vice president

Vice president George Kunda has urged the organisers of the protest on violence against journalists to be wary of their responsibilities because other people might take advantage of the situation and hijack the planned protest to cause confusion.

He said media organisation leaders should reflect on the issue and consider cancelling the march or have an in-door meeting where they could discuss the issue of current attacks on some practitioners.

Kunda said the Government did not want to build hatred against journalists because they were partners in development.

And Home Affairs Minister, Lameck Mangani has challenged the media to produce concrete evidence about their complaints of harassment instead of generalising the matter.

Media Institute for Southern Africa (MISA) Zambia chairperson, Henry Kabwe said the planned peaceful demonstration by journalists was not about confrontation but to highlight their cause to the leaders and the public.

Media bodies given 6-month ultimatum

Vice president George Kunda has challenged media bodies in the country to come up with a draft Bill for self-regulation within six months failure to which the Government will introduce one in Parliament.

He said during a meeting with some media representatives in Lusaka August 6, 2009 that the Government already had a draft policy on the matter, as it could not sit idle while some journalists were violating their professionalism.

He said currently, there was a lot of irresponsible reporting in Zambia and, therefore, there was need to change the scenario.

“The ball is in your court, as soon as possible give us a draft of your blueprint on self-regulation. Otherwise, know that we have a draft legislation which we can present to Parliament any time.

“Come up with a document on self-regulation, let us say within the period of six months. Let us see what you will come up with,” he said.

Kunda told the meeting which included Cabinet and deputy ministers that the Government would look at the media’s blueprint and compare it with what it had and then proceed from there. He said the Government had the responsibility to ensure continued peace and stability in the country and noted that the current situation that had reached physical confrontation was not healthy. He said the Government was committed to media freedom but observed that it equally had an obligation to protect citizens.

On the Freedom of Information Bill, Kunda said the media should put its house in order, adding that “the Government does not want to give a blank cheque to them, by enacting the law before that.”

Malila defends Sakala and Chitengi re-appointment

Attorney General Mumba Malila on August 6 asked Ndola High Court Judge Munalula Lisimba to dismiss the petition against Chief Justice Ernest Sakala and Justice Peter Chitengi because their re-appointments did not need the ratification of the National Assembly because that was only applicable to new appointments.

This is in a case in which former Access Financial Services (AFS) directors, Aaron Chungu and Faustin Kabwe, through their lawyers John Sangwa and Associates, petitioned the High Court to remove the two from performing Supreme Court duties due to alleged over-age. The attorney general made the submissions yesterday before Mr Justice Lisimba when the matter came up for hearing.

This was in response to the petition that Mr Justice Sakala and Mr Justice Chitengi were above 65 years and were re-appointed by the republican president to continue serving as judges for a period not exceeding seven years in respect of each of them.

“The respondents accordingly deny most emphatically that Article 1 and Article 93 of the Constitution are violated by the non-ratification of the re-appointments of Mr Justice Sakala and Mr Justice Chitengi,” he said.

Malila further denied the allegation that Kabwe and Chungu’s right to a fair hearing before an independent and impartial court established by law was violated claiming that the court that heard their appeal of July 9 this year was not an established court by law.

“At all material times, the Supreme Court panels and high court benches in the judicature were legally constituted in accordance with the Constitution and other relevant laws,” he said.

He said all judges serve on terms and conditions clearly set out in the law and that the petitioners were not entitled to any of the relief they were seeking. Malila said the orders prayed for by the petitioners that Mr Justice Sakala and Mr Justice Chitengi should vacate their offices would be an attempt to suspend Supreme Court judges outside the provisions of the Constitution.

“The order that Mr Justice Sakala and justice Chitengi must vacate office will be contrary to the provisions for the removal of a judge as set out in the Constitution, which require setting up of a tribunal when the question of removal of a judge arises,” he said.

Malila said Kabwe and Chungu’s action to seek the removal of Mr Justice Sakala and Mr Justice Chitengi was not only unprecedented but was designed to cause a Constitutional crisis, and was contrary to every conceivable way to public interest.

Deputy chief State advocate, Joe Simachela said the allegations against Mr Justice Sakala and Mr Justice Chitengi were false and malicious.

Wednesday, August 05, 2009

Youth nabbed for assaulting armed police officers

Police in Kitwe on August 3 arrested a 23-year-old man for allegedly assaulting two armed police officers after he was detained at Riverside Police Post when he reported a complaint against a man who owes him some money.

Confusion reigned on August 3 when the alleged debtor went to report to police that the complainant had damaged his pool table. It was then that the officers decided to arrest Fred Kanyanta for alleged malicious damage to property.

But Kanyanta refused to be taken to the cells, prompting the police officers to use force. This attracted onlookers who cheered on Kanyanta. The three police officers failed to control the situation when Kanyanta’s mother arrived on the scene and condemned the treatment her son was being subjected to.

It was at this point that Kanyanta landed some punches on two officers. Sub-Inspector Nelson Chisoka and reservist Pandwe Lubamba sustained swollen faces from the punches. One officer who was armed with a pistol brandished the fire arm but an elderly person who was nearby strongly advised him to put it away. Kanyanta’s mother rescued her son and drove away with him after the law enforcement officers were overpowered by some members of the public.

The officers who were assaulted complained about the ill treatment suffered from the members of the public. Riverside Police Station officer in charge Brighson Mwape arrived at the scene with riot police officers and fished Kanyanta and his mother out of their hide-out in Riverside township.

Kanyanta’s mother was yesterday charged with conduct likely to cause a breach of the peace and was fined K50,000 after admitting guilt. This was after spending a night in the Police cell. Kanyanta was charged with malicious damage to property and for assaulting two police officers and will appear in court soon.

Copperbelt Police Commanding officer Antonneil Mutentwa confirmed the incident and condemned the instant justice mob. Mutentwa said it was shocking to note that instead of helping the police to apprehend suspects, the members of the public wanted to take the law into their own hands by threatening to burn the Police post.

I have not withdrawn impeachment says Sata

Patriotic Front president, Michael Sata says he has not withdrawn the impeachment from the National Assembly. He said August 4 claims by President Banda that he and the pact had withdrawn the petition to commence impeachment were false.

UPND spokesperson, Charles Kakoma said the party was not aware of any changes following instructions to Wynter Kabimba and Company to handle the matter. Kakoma, who is Zambezi West MP, said the pact engaged the law firm because the issue required thorough research on the president’s alleged offences. He said as far as the UPND was concerned, the pact had not issued fresh instructions to the lawyers to discontinue the matter.

MMD chief whip, Vernon Mwaanga said the intended impeachment of President Banda by the PF and UPND MPs had lamentably failed. Mwaanga said the failure to move the motion within the 14 days that the PF and UPND set for themselves was an admission that the impeachment motion would not go to the House.

“This is the nearest way to say that they don’t have numbers in the House to impeach the president. Impeachable reasons as stipulated in article 37 of the constitution in the absence of these impeachable reasons, it is not possible for the president to be impeached.

“Impeachment is not only a political process but a parliamentary process anchored on article 37 of the Republican constitution,” he said.

Impeachment process still alive says lawyer of MPs seeking to remove RB

The lawyer representing members of Parliament seeking the impeachment of President Rupiah Banda, Wynter Kabimba claims the delay to present the motion provides an opportunity for consultation. He also claims the process is still on course.

Kabimba said August 4 that as far as he was concerned, he had not received any information from his clients instructing him otherwise after they failed to lodge the motion within 14 days.

Kabimba on July 21 2009 wrote on behalf of Patriotic Front (PF) and United Party for National Development (UPND) pact MPs to National Assembly Speaker, Amusaa Mwanamwambwa giving a 14-day notice to present the motion of impeachment. The PF-UPND pact MPs were on August 4 supposed to present the motion for impeachment of Banda after the 14-day notice to the Speaker expired.

Kabimba said five members of the legal team were still consulting on the matter and they would soon meet to strategise. And on the expiry of the two-week notice,Kabimba said the notice was not mandatory as it was not a legal requirement. He said the notice was made out of courtesy and if he had wanted, he could have left it open-ended. He said the expiry of the notice had not affected the process.

On his involvement in the planned impeachment, Kabimba said he was engaged by the MPs as their counsel to ensure the motion was clear.

Tuesday, August 04, 2009

He took my underwear to a traditional healer to enhance his sexual power

A woman has told a local court in Lusaka that her husband, a soldier, took her underwear to a traditional healer to use as a charm for boosting his sexual potence, but the effort only resulted in her having menstrual complications.

Leya Phiri of Arackan Barracks in Lusaka told the Chilenje local court that her medical problem started after her underwear disappeared when her husband, Mackson Ntani, 42, sought help from a traditional healer to boost his libido.

Phiri was testifying in a case in which her husband, Ntani, sued her for divorce.

Ntani told the Chilenje local court that he and Phiri got married in 1993 and that they have two children. He said they lived well until August, 2008, when Phiri started sleeping in her boxer shorts. He also said that Phiri has hidden the certificate he was given for serving as a peace-keeper in Sierra Leone.

“She also cut and threw away the beads which I gave her when we got married,” Ntani told the court.

He said on May 26, 2009, Phiri went to his workplace at Burma Barracks to insult him in the presence of his superiors. Ntani said in June, 2009, Phiri left their matrimonial home and went to live with her elder sister. He said they asked elders to help resolve their problems and they prepared replacement beads, but Phiri refused to get them.

In defence, Phiri told the court that all was well in their marriage until Ntani fell sick in 2007 and that when he recovered in 2008, he told her that he had lost his sexual feelings. She said Ntani went to Malawi to consult a traditional healer, who told him to bring her (Phiri’s) underwear that should have been worn for two weeks without being washed.

“I refused to give him my underwear and he went to ask for another alternative. When he came he said I should sleep with another man so that he takes the semen to the traditional healer. Again I refused and he told me to go to my parents,” said Phiri.

She said that Ntani has not made love to her since 2008.

“He just wants to divorce me because he is retiring on medical grounds and doesn’t want to share the benefits with me,” Phiri said.

Passing judgement, senior presiding magistrate Irene Mundia said Ntani was the cause of problems in the marriage. She said that the traditional healer should have treated him without having to ask for Phiri’s underwear.

The court granted him divorce and ordered him to pay Phiri K10 million as compensation in monthly instalments of K500,000, and that the children should live with him.

Husband confesses about other women

A 33-YEAR-OLD man confessed in a local court that he had a girlfriend because his wife sleeps in boxer shorts. Dominic Sando of Kabulonga Township in Lusaka told the Chilenje local court that he found himself a girlfriend because his wife, Mary Sitali, 29, denies his marital rights by sleeping in shorts. Sando was testifying in a case in which Sitali sued him for reconciliation.

The two got married in 2000 and they have three children.

Sitali said friction in their marriage started in 2006 while she was pregnant and Sando got himself a girlfriend. She said that she developed pregnancy problems and she gave birth prematurely. She said, however, that their marital rift continued and that in May 2009 he started another affair with a neighbour.

Further Sitali said when she confronted Sando about this he said that there was no problem and that he no longer loved her (Sitali). She left the matrimonial home three months ago when Sando forced her to leave.

Asked by the court on why they could not shift to another residential area to keep the neighbour at bay, Sitali said that the house they occupied belonged to Sando’s employer.

And in his statement, Sando said that he still loved Sitali and that although he once had a girlfriend, he stopped the affair and he apologised to Sitali.

“Since that time, she gets annoyed when I get home late. She would then sleep in her shorts for two weeks. She says that she can’t make love with me because I am flirting with an HIV-positive woman,” Sando said.

Sando said that this compelled him to get another girlfriend who is a pupil at Kabulonga Girls High School.

In submission, Sitali said that she wants to keep their children together with Sando because a schoolgirl cannot take care of them.

Sando said that Sitali should stop sleeping in a pair of shorts.

Senior presiding magistrate Irene Mundia reconciled the couple and cautioned Sando against having multiple sexual partners because he risked contracting HIV.
Magistrate Mundia also advised Sitali to stop sleeping in her shorts because this encouraged Sando to look for other women.

Sata abandons impeachment claims RB

President Rupiah Banda says Patriotic Front (PF) leader, Michael Sata has abandoned plans to impeach him through Parliament because he has realised it cannot work.

But reacting to the story Sata said he was busy campaigning in Chitambo and did not know how far the lawyer who is handling the matter had gone in preparing the impeachment motion.

Addressing a rally in Chitambo August 3, Banda said he had received reliable information that Sata had abandoned the plan and he thanked him for the decision.
He received a report from his ministers that Sata decided to abandon the planned impeachment.

“I knew that the impeachment move was not going to succeed because it lacked merit. Besides, I am superior in Parliament because of the numbers,” he said adding that politics of hate should be discarded.

“This is how Zambians should proceed, I have no hate for Sata as I consider him a crazy cousin of mine. He is my cousin, so I can even insult him. This cousinship stems from our ancestors, that is why I say he is crazy,” Banda said.

The president said he expected Sata to attend his funeral in an event of death and he would do the same if the same catastrophe befell the PF leader.

“Everywhere one goes, tribes have got cousins who they joke with, help resolve problems with and that is why I asked not to join our cousinship,” Banda said.

He looked forward to defeating Sata in the forthcoming Kasama Central parliamentary by-election.

Chinese employer is killed in Lusaka

A CHINESE national was on August 3, 2009 killed when one of his employees struck him on the forehead with a pistol butt. Police say the suspect used his employer’s pistol. He is on the run and police are looking for him. The Chinese, who owns a company in Lusaka, was killed after a fracas with his employee over the salary increment.

Lusaka Province police chief, Greenwell Ng’uni says the employer, a foreign national, was killed at the company premises early on August 3. Ng’uni said the alleged killer would soon be apprehended because the police managed to trace some of his workmates.

Eyewitnesses said the worker wanted a salary increment but the Chinese pulled his pistol with which he allegedly threatened to shoot the employee. The worker struggled and overpowered the Chinese, getting the gun from him. The angry worker then hit the employer on his forehead, instantly killing him. The man ran away before the police were called.

Thursday, July 30, 2009

Court sets date for hearing of anti Chief Justice Sakala case

NDOLA High Court Judge Munalula Lisimba has set August 6 and 7 as dates for hearing Lusaka lawyer John Sangwa’s petition against Chief Justice Ernest Sakala and Supreme Court Judge Peter Chitengi.

This is in a case where Sangwa has asked the High Court to order Mr Justice Sakala and Mr Justice Chitengi to vacate their offices because the two were over the retirement age of 65.

Sangwa has filed the petition on behalf of his clients, Faustin Kabwe and Aaron Chungu, who are jointly charged with former President Frederick Chiluba for alleged theft of US$500,000 public funds. The petition arises from a case in which the Supreme Court dismissed Chungu and Kabwe’s appeal against High Court Judge Evans Hamaundu’s decision, which denied them leave to apply for judicial review.

In their application for leave to apply for judicial review, Kabwe and Chungu sought an order of mandamus to oblige Ndola High Court registrar, Jones Chinyama, who sits as principal resident magistrate, to give reasons for finding them with a case to answer together with Chiluba.

Mr Sangwa said in the petition that at the time of hearing the appeal, Mr Justice Sakala and Mr Justice Chitengi had passed the retirement age of 65 stipulated in Article 98(1) of the Constitution.

He said after their retirement, the late President Mwanawasa appointed the two judges to a term not exceeding seven years, but that Parliament did not ratify the appointment.

“Their assumption of office as Supreme Court judges and their performance of the functions, without ratification by the National Assembly of the said appointment, violated Articles 1 and 93 of the Constitution,” Mr Sangwa said.

He said by virtue of such facts, his clients’ right to a fair hearing before an independent and impartial court established by law as guaranteed under Article 18(9) was violated.

Mr Sangwa said this is because the court that heard their appeal on June 2, 2009, and delivered its judgment on July 9, 2009, was not a court established by law, and that it was not independent and impartial.

He is, therefore, seeking an order restraining Mr Justice Sakala and Mr Justice Chitengi from occupying and performing their official functions until after hearing and determination of the petition.

Mr Sangwa is also seeking a declaration that the two judges’ occupation of office and performance of official functions is beyond Article 93(2) of the Constitution, hence null and void.

And in the affidavit in support of summons for an interim relief, pursuant to Article 28(1) of the Constitution, Mr Sangwa said the relief his clients are seeking is necessary because as long as the two judges continue occupying office and performing official functions, it is unlikely that the petition will receive a fair hearing.

“The first and second respondents are likely to interfere and consequently influence the judge that will hear and determine this petition.

“We have also spoken to a number of lawyers who believe that prosecuting this petition while the first and second respondents are still in office and performing the functions of the office of judge of the Supreme Court would lead to the independence of the judicature in Zambia being undermined and we have no reason to doubt this view,” Mr Sangwa said.

Before this case broke a number of anonymous documents were circulating on the internet. The following is one of them:


A CAPTIVE CHIEF JUSTICE OR A VICTIME OF A VICIOUS CRIMINAL CARTEL?
It is said that a Chief Justice of a country should be allowed to be as independent as possible, for citizens to access fairness and justice. But if he were unfortunately, to be held captive, he should be a captive of the State and its institutions only. But Zambia portends a different scenario where a few private individuals have held the Chief Justice captive by promising to hide his little dirty secrets while they made him help settle their personal political and legal scores.

EXECUTIVE SUMMARY
When Mutembo Nchito faced Chief Justice Mathew Ngulube demanding cooperation from him, Ngulube must have thought that this ‘boy’ was mad to attempt to blackmail a sitting Chief Justice who enjoys constitutional protection and security of tenure.

Mutembo had come to this meeting with the ZAMTROP Account!

Ngulube thought, who would cast dirty aspersion on the head of the Fountain of Justice?

Ngulube had no idea who held state power.

He was confident that the man he swore in as Republican President just a few months ago was in charge. He was sincerely but sadly mistaken!

Within a period of 10 days, Ngulube stood disgraced and dismissed!

Many people who faced the parallel force, only as strong as the State, of Mutembo Nchito, Mark Chona and Fred Mmembe and their foreign backers, and chose to ‘defy’, ‘ignore’ or ‘scorn’ it, were steam-rolled. Their careers were ruined and dirt was piled on them.

And the parallel made Ernest Sakala the new Chief Justice of Zambia !

In order to disentangle oneself from the blackmail of such a force and exercise independence, one has to be scrupulously clean and maintain a higher level of integrity to break free from such Bondage.

But Sakala didn’t, and the cartel knew the man’s weakness.

A sexual relationship between a boss and junior is not a desirable undertaking. It exposes the boss to unethical demands and tempts him to bend or break regulations so that favours such as promotions, pay perks, pay increments and other fringe benefits can be provided unfairly to the partner. The relationship traditionally, is a skewed but mutual affair with each partner sucking blood out of the other.

History is replete with many mighty men that have fallen because of such clearly ill-fated relationships.

And The Post has kept this particular one under wraps for sometimes now.

But the chickens came to roost on 3rd April 2009 when the Law Association of Zambia (LAZ) and State Counsels where called for an emergency meeting (for a third time) to ratify a list of recommended persons to be appointed as Judges. The outcome left a sour taste.

Ad for the cartel, their edifice is collapsing from all fronts. The cartel have found in Rupiah Banda, a president who recognises that he is only accountable to the people of Zambia and not to a few individuals who plot and decide the fate of the country from private homes over steins of drinks.

The cartel faces its worst trying period; the edifice is being dismantled brick by brick.

For there could only be one government at a time, that should hold forte till the next elections.


A CAPTIVE CHIEF JUSTICE- A VICTIM OF A VICIOUS CARTEL

INTRODUCTION

When the Law Association of Zambia (LAZ) emergency meeting of Council and State Counsels met to ratify recommended persons for the office of the High Court Judge, on 3rd April 2009, there was indignation and seething anger against the Chief Justice, Ernest Sakala .

The lawyers wondered why Sakala was literally compelling and pleading in the same breath, that LAZ should ratify his list of persons to be considered for appointment as High Court Judges.

The lawyers were worried that despite rejecting the same list twice under one month, Sakala was forcefully keen, that the lawyers should, nevertheless re-look at his proposal and ‘quickly’ ratify his recommended persons.

The persons under consideration were: Ms. Mwamba Chanda , Mr. Edward Luputa Musona , Mr. Jones Chinyama , Mr. Egispo Mwansa and Mrs. Chilombo Maka Phiri .

WHY THE FIVE?

Ms. Mwamba Chanda. The 35 year old beauty is a ‘rising star’ of the Judiciary. Although she possesses no special discernible qualifications and her curriculum vitae is replete with workshops qualifications, she topped the list.

She has not met the mandatory and required 10 year qualification at the bar to be a High Court Judge. However, the Chief Justice, Ernest Sakala was forceful that she should be ratified as High Court Judge.

Chanda, who is a single mother of two, is the current Registrar of the High Court. Her duties involve giving legal advice to the Judiciary and sitting as Secretary to the Judicial Service Commission (JSC), responsible for appointments, promotions, prosecution and disciplinary action against Magistrates and other judicial officers.

Some senior judges have complained that Chanda wields enormous powers at the Judiciary and carries her duties with tyrannical flavour than what is provided for.

Although women in Zambia are encouraged to hold senior positions because of gender mainstreaming policy, everyone recognises that such women should be qualified to hold such positions and the inclusion of women in decision making should not be ridden by activities that demean the women themselves during the rise to such positions.

For Mwamba Chanda , her rise to the top has been muddled with constant allegations of favouritism.

Many point to her now well-known special relationship she enjoys with the Chief Justice. This has not helped matters, and the two have been running the judiciary like a personal fiefdom of theirs!

In fact there are parallels that can be drawn between the Chief Justice Ernest Sakala and Mwamba Chanda on one hand, and Paul Dundes Wolfowitz and Shaha Riza on the other.

Many were willing to ignore this relationship justifying it as a common office fling! But Sakala began to disturbingly offer open favours and promotions to Chanda. It is these favours that highlight the comparisons with Wolfowitz.

ERNEST SAKALA AND PAUL WOLFOWITZ- THE COMPARISON

Wolfowitz is a former United States Ambassador to Indonesia and an active architect of the second Iraq War.

He was appointed as President of the World Bank in March 2005 by President George W. Bush. The USA appoints the President for the World Bank and the European Union appoints the head of the International Monetary Fund (IMF).

Despite strong criticism against Wolfowitz owing to his role in the Iraq Ware, Bush proceeded to appoint him as President of the World Bank.

Nobel Laureate, author and former Chief Economist of the World Bank, Joseph Stiglitz lamented that ‘’ the World Bank will become a hate figure. Street protests and violence will begin across the developing world.’’

Another world renowned Economist and UN consultant Jeffrey Sachs called for better leadership at the World Bank.

President Bush ignored the calls and forcefully pushed the nomination and appointment of Wolfowitz. Wolfowitz quickly began to implement Bush’s policies. He also began to eliminate programs that the Bush policy opposed on religious grounds. Some of the programs that immediately began to suffer elimination were family planning programs.

However, a scandal involving Wolfowitz and his own junior staff and girlfriend Shaha Ali Riza forced him out of office in May 2007.

The Bank’s own ethics rules preclude sexual relations between a manager and a staff member serving under the member, even if one reports to the other or only indirectly through a chain of supervision.

Wolfowitz was already in breach of these ethical requirements.

Because of his long-time relations with Riza, he attempted to circumvent the rules. He directed his Human Resource Manager, to promote and offer a huge pay rise to Shaha Riza . He then sent her to serve at the US state Department.

Shaha Riza was a Libyan national with a British passport. She joined the World Bank in 1997 and specialised in the middle-east and North-Africa issues at the Bank. She met Wolfowitz when they both served at the National Endowment for Democracy Board. They were both married at the time. They also shared a strong passion to spread democracy in the Arab World.

Wolfowitz held this relationship for a long time. The contrasts were shocking. Despite being a conservative and practising Jewish religion, and married to Clare Selgin Wolfowitz, he refused to drop this illicit relationship with Riza.

Similarly, Ernest Sakala is a devout Catholic married to a decent and widely respected lady Monica Sakala and the couple have two daughters together.

Because of the ethical requirements of their offices, judges live an exclusive lifestyle. Their social interaction is limited. It is for this reason that the interaction is higher among themselves and their families.

Members of their families are a close knit with one another. Chanda’s relationship with the Chief justice Sakala has caused so much embarrassment that a wife of a certain senior judge (name with-held) and close friend of the Sakala’s remarked; ‘’She (Chanda) is like a CAT thrown among DOVES, we (the doves) all want to flee or harm her, but we can’t because she is the cat!’’

After Bush won the 2000 elections, Wolfowitz was considered and appointed as a Head of the Central Intelligence Agency ( CIA ). His appointment was nearly jeopardised as his relation with Riza, an Arab, was considered a risk to national security.

The sordid revelations regarding Riza ruined Wolfowitz’s thriving and distinguished career.

‘PLUNDER MAGISTRATES’

Edward Luputa Musona and Jones Chinyama have been handling the so called ‘plunder cases’ against former president, Frederick Jacob Titus Chiluba and his former defence heads and other former public officials.

Musona was transferred from Kitwe to Lusaka in 2004 to handle ‘plunder cases’, and was promoted as Deputy Registrar of the High Court (Deputy Director) in 2007. He was admitted as an advocate in May 2000. A former teacher, Musona joined the Judiciary in 1988.

Jones Chinyama, like Musona was transferred to Lusaka to handle Chiluba’s cases. He was transferred from Mansa to Lusaka in 2004. He was also promoted as Deputy Registrar of the High Court in Lusaka and now Ndola . He was admitted to the bar in 2000. Chinyama, a former employee of Zambia Bata Shoe Company joined the Judiciary in 1988.

LAZ was unanimous in the rejection of the five names. The Chief Justice was informed that his list of the five persons, as he was aware, did not qualify to be appointed as High Court judges and there were neither special circumstances nor achievements requiring LAZ to ratify the appointments as special cases.

For Chinyama and Musona, the Council felt that the public would view their appointment as ‘rewards’ for their role in the cases from the Task force on Corruption. This role is currently mired in serious controversies and there are allegations of impropriety in how ‘prosecutions’ and ‘convictions’ were obtained by the Task force on Corruption.

THE FORCES THAT HOLD THE CHIEF JUSTICE CAPTIVE

When Mutembo Nchito burst in the Chief Justice, Mathew Ngulube ’s chambers in June 2002, he demanded that Ngulube helps lift former president Frederick Chiluba’s constitutional immunity. Mutembo was carrying the ZAMTROP account bank statements!

He informed Ngulube that the ZAMTROP account showed that a total amount of USD168, 000.00 was paid to him, his children and their school fees in London .

He also stated that he recognised that Ngulube was a renowned judge of immense credibility in Africa and was therefore not keen to be the one to soil his name with the contents of the ZAMTROP account referring to him.

He expressed ‘sadness’ that he had to come to see the Chief Justice under the circumstances but claimed that he believed that Ngulube was innocent. He lamented that Chiluba had destroyed many innocent lives and careers by involving such persons in his ‘illegal activities’. He said that the Chief Justice fell into this category and he recognised that fact and would therefore endeavour to treat him as such.

He however, demanded that the Ngulube should cooperate with ‘Civil Society’ actions that would come to the Judiciary against Chiluba in a few days time.

A few days later, a motley of civil society youth groupings led by UNIP youth leader, Frank Musonda, filed a petition before the Chief Justice, demanding that Chiluba be probed and his immunity be lifted under the Parliamentary and Ministerial Code of Conduct.

On 17th June 2002, the Chief Justice Ngulube, however rejected the petition stating that the Parliamentary and Ministerial Code of Conduct could not be used to probe Chiluba or lift his immunity since the code did not apply to a Head of State or a Former President: A brief press statement by the Chief Justice’s was released informing the nation that the petition had been rejected stating:

‘’The petition has not been brought under any law and indeed there is no law which I can think of which would support or authorise your petition to me.’’

With his dismissal of this petition, Ngulube provoked the fury of ‘hell’ against himself. Mutembo had earlier warned him to cooperate! And Ngulube dared to choose not to?

On 27th June 2002, The Post broke with a ‘huge story’ and ‘big one’. The story revealed that Chief Justice Mathew Ngulube had over a three-year period received from Former President Frederick Chiluba , through the ZAMTROP account, a total amount of USD168, 000.00.

The Post quickly raised a campaign demanding his dismissal.

Mutembo personally went to Ngulube’s house in Lusaka East and took a picture of ‘a mansion built from plundered resources’ and the picture was later splashed in The Post.

Meanwhile, Mutembo Nchito , Mark Chona , Fred Mmembe and Maulu Hamunjele had authored an anonymous document titled ‘Chiluba’s Matrix of Plunder- Analysis of Zambia ’s world of Theft and Abuse of Public Resources’.

The document was an analysis based on the recently declassified intelligence account. The ‘anonymous’ analysis was given to President Levy Mwanawasa and the western donor community. The document was also posted on the internet. The document was written in a sensational and scandalous manner ‘exposing’ the corruption of Chiluba and his officials.

Mwanawasa was also given a scary political scenario. They warned him that the forces (Chiluba and others) he intended to pursue were strong and evil and plotted to kill him.

The day The Post broke with the story on Ngulube, Mwanawasa issued a statement that he had ‘unearthed’ a plot to assassinate him. He revealed that his officials such as his Home Affairs Minister Lackson Mapushi were on the assassination list. Nothing became off these wild allegations.

Mwanawasa also directed that MMD cadres should not greet him through a handshake at public functions or during his departures at the airport. He also stated that he will not be daunted by the possibility of having his election victory nullified through an election petition against him that was before the Supreme Court. He stated that he will simply run again.

Mwanawasa took other measures. He fired his Minister of Information Vernon Johnson Mwaanga and suspended him from the position of MMD National Secretary.

In response to the dismissal VJ wrote to Mwanawasa. In the letter, VJ made the now famous remark to Mwanawasa; ‘’Your Excellency, you have a strange way of showing gratitude to people that help you’’.

In fact the relationship between Mwanawasa and VJs became a cyclical political circus of hiring and firing.

In his second term of office Mwanawasa re-appointed Mwaanga as Member of Parliament, Chief Whip, Minister of Information, Chief Government Spokesperson and MMD NEC Trustee Member.

After the Congo debacle Mwaanga was unceremoniously removed from all positions. Mwanawasa’s Special Assistant for Press and Public Relations, John Musukuma announced on April 12th 2007 that Hon. Vernon Mwaanga had his nomination as Member of Parliament revoked and was fired as Chief Whip, Minister of Information, and Chief Government Spokesperson and was removed from his position as MMD NEC trustee member.

However VJ has he is fondly known, has more political lives than the proverbial cat with its nine lives. He is back again in the saddle as Member of Parliament and Parliamentary Chief Whip in Rupiah Banda’s government.

NGULUBE IS FORCED OUT OF OFFICE

On June 29th 2002, Registrar of the High Court Timothy Katenekwa announced that Ngulube would go on immediate leave pending retirement.

The Post ran stories deriding Ngulube and demanding for an outright resignation so that he could not be allowed to enjoy the benefits of a retirement package. The onslaught was led by First Republican President, Kenneth Kaunda who urged Mwanawasa to arrest his ‘assassins’ and ‘coup plotters’. KK also called for the immediate resignation of Chief Justice Mathew Ngulube .

Ngulube gave in.

On August 7th 2002, Special Assistant for Press and Public Relations to President Mwanawasa Arthur Yoyo announced that Ngulube had tendered his resignation to Mwanawasa and the president had accepted his resignation.

Ngulube was summoned to the newly created Task Force on Corruption to answer charges relating to the USD168, 000.00. Ngulube was among other things requested to file tax returns with ZRA.

ZRA demanded that Ngulube pays tax on the USD168, 000.00!

Ngulube, through his lawyer Vincent Malambo , refused stating that there was no law compelling him to pay tax on received gifts.

He appealed to the Zambia Revenue Authority Revenue Tribunal. The tribunal was chaired by one of Mwanawasa’s lawyer in the Presidential Election Petition, Michael Mundashi . Ngulube argued that he could not be expected to pay tax on monies he received as gifts from Second Republican President Frederick Chiluba.

Mundashi sitting with Newton Lungu and Timothy Mushibwe however exempted monies received by Ngulube’s wife and children for school fees stating that: ‘’the Income Tax Act exempts income received in respect of a scholarship or bursary for purpose of education.’’

Ngulube’s lawyer, Vincent Malambo had argued that his client received monies from Chiluba occasionally and seasonally as gifts as Ngulube enjoyed a personal friendship with Chiluba.

Malambo stated that that the receipts of these funds by Ngulube were not connected to his job as Chief Justice and though it had emerged that the money came through an intelligence account, ZAMTROP, to his knowledge, it was not government money.

Who could have believed Malambo’s and Ngulube’s assertions at this stage?

It has since emerged that audits from PricewaterHouseCoopers, and Grant Thornton UK have established that the ZAMTROP account held private and third party funds totalling over USD8.5 million.

In the Judgement of the Presidential Petition between Anderson Kambela Mazoka and others versus Levy Patrick Mwanawasa SC, the Supreme Court established among other things that, former president Frederick Chiluba received private monies from friends and well wishers and monies spent on such things as motor vehicles could NOT have been deemed as government money since the ZAMTROP account held private monies other than government funds. The Supreme Court dismissed the petition and upheld that despite some irregularities, Mwanawasa was duly and properly elected.

Although Mmembe and The Post chose to denounce Ngulube and continually demanded his resignation, they had sung high praises for him and were actually given a four-month prison sentence by Parliament for defending Ngulube. They did not serve the sentence though.

Following a Supreme Court Judgement delivered by Chief Justice Mathew Ngulube in 1996, there was a hysterical furore from the MMD . This Judgement expunged from Statute, some sections of the Public Order Act (POA).

This followed the case of Christine Mulundika and Seven Others Vs The People. Mulundika challenged the constitutionality of the Public Order Act. High Court Judges then, David Lewanika ruled against Mulundika.

On appeal, the Supreme Court, Ngulube overturned the judgement of the lower court. The Supreme court ruled on January 10th 1996, that provisions in the Public Order Act that required citizens to obtain police permits were in conflict with the Constitution and were therefore null and void.

This judgement resulted in angry and vicious attacks against the Supreme Court Judges by a pack of senior MMD officials led by Vice-President Godfrey Miyanda , Legal Affairs Minister Remmy Mushota and Ernest Mwansa .

Mushota accused Chief Justice Ngulube, his Deputy, Bonaventure Bweupe, and Justice Ernest Sakala of being vehement supporters of the opposition United National Independence Party (UNIP). He was silent though on the party affiliation of Justices Bonaventure Bweupe and Chaila.

On January 28th 1996, Vice-President Godfrey Miyanda tabled before parliament an amendment bill to the Public order Act. The proposed amendment virtually restored the expunged sections. He opened his address with a torrent of attacks against the Supreme Court accusing it of hijacking the legislative functions of the House.

A robust defence for Ngulube came from The Post. Its columnist Lucy Sichone , fred Mmembe and editor Bright Mwape. The Post expressed disgust that politicians led by Miyanda had the audacity to cast dirty allegations against men of high integrity such as Ngulube.

LUCY BANDA SICHONE

Lucy Banda Sichone was renowned human rights activist and was Chairperson of Zambia Civic Education Association. She had a weekly column in The Post titled ‘’ Lucy Sichone on Monday’’, (She died at the University Teaching Hospital (UTH) on 23rd August 1998)

In her column, Lucy criticised Miyanda and questioned his credibility and sense of gratitude because the man he was attacking, Chief Justice Mathew Ngulube had literary saved his life when Miyanda was arraigned before court with a treason charge.

‘’Miyanda cannot forget the courage of one judge (Mathew Ngulube), who refused to sit and hear his case until his jailers removed the chains with which he was shackled with in a court room. Miyanda could not have forgotten that in the circumstances of the Second Republic, it took men of courage and integrity to acquit him of a crime he did not commit, but for which government had decreed him guilty. The judges risked their necks for Miyanda’s constitutional rights to equality, justice, and protection of the law’’.

Lucy continued:

‘’Miyanda could only make his cowardly statement and attack a decision made by men of (high) stature, dignity and integrity of Mathew Ngulube from behind the protective skirts of grandmother Nabulyato!’’

She chastised;

‘’ If Miyanda was an honest man, he could not have lined up political violence which is being fanned by himself.....the Veep will just have to be man enough and abolish the Bill of Rights as it exists in the Constitution and rule in the manner everyone including his colleagues in the MMD know he would like to rule - as a Christian Abacha!’’

FRED MMEMBE

Mmembe wrote in his ‘’ Fred ’s Diary’’ that Miyanda’s reaction was ‘justified’ as the MMD had lost a vantage point with this Judgement.

Miyanda raised a point of order and complained to the Speaker, Dr. Robinson Nabulyato expressing dismay at the articles in The Post. The Speaker found Lucy Sichone, Fred Mmembe and Bright Mwape guilty of contempt and referred the matter that the Standing Orders Committee for sentencing.

The Committee summoned the trio who refused to turn up and went into hiding. On 22nd February 1996, The Committee informed Special Projects Editor, Matsauso Phiri that it had sentenced Sichone, Mmembe and Mwape until the demonstrated contrition.

Whilst they were in hiding, Parliament directed that the Inspector General of Police should arrest and detain the trio until the House reviewed the matter.

It was therefore strange that Mmembe led a pack of wolves that hounded Ngulube out of office even before sufficient facts could be allowed to emerge or a decent exist could be arranged.

ERNEST SAKALA BECOMES CHIEF JUSTICE

At this stage, David Lewanika was the Deputy Chief Justice. However President Mwanawasa was advised by Mark Chona , Mutembo Nchito and others that Ernest Sakala was suitable to take over as Chief Justice.

Besides, they argued that Sakala was also by-passed when Lewanika, who was his junior, was promoted as Deputy Chief Justice by Chiluba.

They advised that the fact that Sakala had passed a minority judgement against Frederick Chiluba in the Presidential Petition of 1996 was suitable to offer ‘positive leadership’ to Chiluba’s trials.

On February 10th 1997 Akashambatwa Mbikusita Lewanika, Hicunga Evaristo Kambaila, Dean Namulya Mungomba, Sebastian Saizi Zulu , and Jennipher Mwaba filed a petition in the Supreme Court disputing the 1996 Electoral Victory of Chiluba.

The petitioners demanded that Chiluba’s election be nullified as he was not qualified to contest and consequently hold office. They alleged that Chiluba falsely swore that he was Zambian, and that the Electoral Commission of Zambia (ECZ) neglected their statutory duty and conducted a fraudulent election that was devoid of principles of a free and fair poll.

The bench comprised of Chief Justice Mathew Ngulube , his deputy Bonaventure Bweupe , and David Lewanika , Ernest Sakala and Dennis Chirwa .

The Judgement of the petition was split 3-2. Ngulube, Bweupe and Lewanika ruled that the election was held in a free and fair atmosphere despite some irregularities. They stated that citizenship in Zambia came with the national independence that decreed that those who were in Zambia before and in 1964 and were born in Northern Rhodesia became Zambians automatically.

Ernest Sakala ruled that the election were fraudulently held.

Dennis Chirwa ‘established’ that Chiluba’s citizenship was in question and the elections were held in a fraudulent manner.

It was a close shave.

The matters of the 1996 Presidential Petition thrust Sakala to hold the position of Chief Justice. Mutembo advised Mwanawasa that the anti Chiluba feelings displayed by the two judges were good ground to begin with ‘the project’.

Mwanawasa was advised that he needed a judge that was antagonistic to Chiluba as Chief Justice as the matters he was to embark on were so serious that he needed close allies and Chiluba’s perceived ‘enemies’ on all fronts if the arrest, prosecution and jailing of Chiluba would succeed. Mwanawasa was advised to appoint persons deemed hostile to Chiluba to succeed in the campaign which they planned to unleash.

ERNSET SAKALA AND LEVY PATRICK MWANAWASA , AN IGNOBLE ALLIANCE

President Mwanawasa led a troubled Presidency. He had narrowly won the election with only 29%. He faced severe criticism from the opposition, donors and an internal party rebellion was threatening his thin political base.

He faced a very damaging presidential petition in the Supreme Court.

He did the ‘unthinkable’. He broke ranks with Chiluba and his colleagues. This earned him some new but ‘valuable’ friends in Mark Chona , Mutembo Nchito and Fred Mmembe .

He also embraced all known Chiluba’s enemies of all hues and shades.

Chona promised to mobilise the donor community to the side of Mwanawasa. Mmembe promised to ‘finish’ Chiluba through incessant attacks in The Post and Mutembo assured to rally the new Chief Justice, Ernest Sakala and the rest of the legal fraternity when the cases were ready for investigations and prosecutions.

The common thread that bound them all was – Frederick Chiluba .

Mwanawasa was advised that his political life and political fortunes could only rise on the ashes of Chiluba! Nothing more, and nothing less.

With Mwanawasa, western donors, and the trio (Chona, Mmembe and Mutembo) working in coordinated concert, matters occurred at a break-neck speed against Chiluba.

In February 2002, Mwanawasa’s Agriculture Minister, Mundia Sikatana issued a statement in The Post that Chiluba and his colleagues stole USD90million meant for the bail-out of Meridien Bank.

Chiluba sought to see Mwanawasa over the allegations. At their meeting Chiluba demanded that Mwanawasa directs that Mundia Sikatana apologises. Mwanawasa apologised to Chiluba and promised that such unfounded allegations were regrettable and would therefore not be levelled against him again.

A few days later, Sikatana repeated the allegations and promised Zambians that he knew where the USD90million was in Bahamas . He said if sent, he could recover this money!

On 22nd February 2002, Chiluba held a press conference at Lusaka House where the MMD Secretariat is housed. As MMD Party President, he called for unity in the party and denied numerous reports referring to internal divisions between the party and Mwanawasa’s newly formed government.

Following a court action by Dipak Patel that barred Chiluba from accessing his pensions and benefits, he stepped down as MMD party President on March 23rd 2002.

Mwanawasa later visited the Party Secretariat to ‘familiarise himself’ and issued a scathing attack against Chiluba calling him a ‘liability’ to the party.

On July 11th 2002, Mwanawasa summoned a special session of Parliament and urged the House to lift Chiluba’s immunity so that he could face prosecution for fraud, theft and Corruption.

After Parliament lifted Chiluba’s immunity, his lawyers Robert Simeza and John Sangwa filed an action on July 17th 2002, to challenge Parliament’s decision. On the same day, Mwanawasa announced the formation of the Task Force on Plunder of National Resources to probe Chiluba’s 10 years as president.

High Court Judge Anthony Nyangulu granted an interim order blocking Chiluba’s prosecution.

First President Kenneth Kaunda issued a statement to BBC that Chiluba should face criminal prosecution for his corruption. He dismissed Chiluba’s earlier calls that KK’s immunity should be lifted too.

During this period, the High Court nullified parliamentary seats of Chiluba’s perceived key political followers. Michael Mabenga of Mulobezi, Levison Mumba of Msanzala, Catherine Namugala of Isoka East had all their seats nullified. They appealed to the Supreme Court. (In the Supreme Court, Mabenga and Levison Mumba lost and the court even directed that Mabenga be arrested for his involvement of CDF funds!)

The judicial machinery was beginning to grind and crank- though ’painfully’ slow for the initiators.

On August 30th 2002, a month after Chiluba’s challenge in the High Court, the Lusaka high Court ruled that there was no impropriety in the manner Parliament lifted Chiluba’s immunity. Officers from the TaskForce were meanwhile camped at Chiluba’s Kabulonga residence when Judge Anthony Nyangulu was reading his verdict!

Mutembo had informed Mwanawasa that Chiluba kept ‘millions’ at his residence and was using this money to fight his cases and fanning political tension.

During the night of 31st August, 2002, officers stormed Chiluba’s house bearing a search warrant for drugs and other narcotics substance, conducted a search that lasted over seven hours. The search yielded nothing.

However, quick action by his lawyers saved Chiluba when they hastily obtained a stay of execution while they appealed to the Supreme Court. But this did not last long!

On February 19th 2003, the Supreme Court led by new Chief Justice Ernest Sakala unanimously dismissed Chiluba’s appeal and cleared the way for Chiluba to be investigated.

Kenneth Kaunda, Dean Mungomba (Zambia Alliance Party ( ZAP )) and Emily Sikazwe (Women for Change) were on hand to issue celebratory statements and demanded for the quick arrest and prosecution of Chiluba.

However Fred Mutesa from the University of Zambia – Department of Development Studies issued a caution statement (to UN information Service- IRIN -19/02/03)warning that the Judgement had far-reaching ramifications on Mwanawasa’s own election petition before the same Supreme Court;

‘’I think as a deterrent against corrupt leaders, the decision is good. But this has set a precedent that has long term ramifications that will not spare Mwanawasa and his friends.’’

Michael Sata leader of the budding Patriotic Front (PF) wondered what the Supreme Court had done with such a Judgement. He demanded the same fairness be applied from the Supreme Court when dealing with Anderson Mazoka’s petition against Mwanawasa. He charged that Mwanawasa could not escape but have his election victory nullified;

‘’the trial has now moved to Mwanawasa, he must tell the court how much Chiluba stole, and how much he(Mwanawasa) personally benefitted.’’

It never came to be. The forces of Mmembe, Mutembo and Mark Chona went to work. Sakala ‘delivered’. The election of Mwanawasa was upheld!

On 16th February 2005, the Supreme Court ruled (the Judgement took 12hours to read) that despite the corruption allegations, the use of government vehicles, and the provision of cheaper mealie meal to residents of Copperbelt, Northern and Luapula provinces, and the abuse of the public media by the MMD during the elections, Mwanawasa was duly and properly elected.

Anderson Mazoka expressed shock at the outcome stating that despite providing credible evidence that warranted the nullification of Mwanawasa’s election, it was not conceivable that Ernest Sakala and ‘his men’ could rule in favour of Mwanawasa.

The alliance was complete.

FALSITIES, AGREEMENTS, AND DIRTY DEALS

The fight against corruption and the investigations and prosecution of former president Frederick Chiluba seem to have brought the worst traits in those keen to nail him and his former officials.

When Mpanzi Sinyangwe, Spokesperson for the Task Force on Corruption announced on 31st March 2004, that former ambassador to the United States of America , Attan Shansonga had fled the country and escaped to unknown places, Zambians greeted the news with indignation. How could Attan escape when the State had his passport? How could he flee when the State was conducting regular surveillance on him and other Chiluba’s co-accused?

Zambians later learnt with shock that the so called disappearance was a hoax!

Shansonga wrote a letter from London to his lawyers that was read in Court on 26th April 2004, giving sordid details how first republican president Kenneth Kaunda, Task Force Prosecutor Mutembo Nchito and Chairman, Mark Chona facilitated Shansonga’s exist to the United Kingdom. He revealed that he held various meetings with the trio. Shansonga held dual citizenship. He was both Zambian and British too.

The letter further disclosed that he was informed that Mutembo had seen the Chief Justice, Ernest Sakala who made undertakings and other assurances that after Shansonga turns and testifies against Chiluba, immunity from prosecution on these matters would be granted to Shansonga!

Shansonga was also asked to cooperate in cases regarding the ‘fraud’ involving copper sales in the 1990s.

The letter was so damning that magistrate Jones Chinyama cited Mark Chona with Contempt of Court for facilitating an accused person travel outside the court’s jurisdiction without permission.

However when Chona appeared before Chinyama, he gave some feeble excuse and strangely, Chinyama let him loose.

Chiluba called for international Observers from the, Southern Africa Community Development (SADC) African Union (AU) and the Commonwealth, to attend his trial as he feared that his cases were pre-determined and prejudged.

Chiluba wondered how fair his trial would be if Chief justice Sakala was sitting and plotting with Kaunda , Chona and Mutembo Nchito. He feared that the personal involvement of Sakala against him had rendered the case a sham.

However, the Commonwealth refused to send Observers to Chiluba’s trial. Whilst visiting Zambia in July 2004, Secretary General Florence Mugasha stated that the Commonwealth had no mandate to monitor court cases.

‘’We received the former president’s official request but we felt that we do not the mandate to hear court cases in member countries.’’ She said to the Zambia Daily Mail (19th July 2004).

Mugasha refused to comment about the Commonwealth’s call to have Observers attend court trial in Zimbabwe where the opposition party the Movement for Democratic Change ( MDC ) had challenged the electoral victory in court.

Patriotic Front leader Michael Sata called for the setting up of a tribunal to probe Sakala for mis-conducting himself and averting the course of Justice.

This was not the only time Sakala was involved in making deals with the Task Force on Corruption.

When the Memorandum of Understanding (MOU) was signed between, Ministry of Finance (Ngandu Magande), TaskForce on Corruption (Mark Chona), Office of the President (Levy Mwanawasa) and the governments of Denmark, Ireland, United Kingdom, Kingdoms of the Netherlands and Sweden. Sakala ensured that the MOU was quickly operationalised.

When magistrate Bibian Kearns acquitted Xavier Chungu , Katele Kalumba , Stella Chibanda , Professor Mweene and Yotamu Zulu, Mutembo was so annoyed that he saw the Chief Justice, Ernest Sakala about it.

What happened next was drastic! Mrs. Kearns was transferred. Her husband, a lawyer, was investigated by Law Association of Zambia (LAZ) and had his licence revoked!

Similarly when Douglas Zulu released Xavier Chungu on bail, he faced similar action. Mutembo accused him of corruption and authorities transferred him to Livingstone .

The charge of motor vehicle theft was not bailable at the time. But the law was only recently enacted in November 2001. Zulu ruled that the law is not applied retrospectively. The charges Chungu faced were alleged to have been committed in 1998 and the revocation of bail by the new law could therefore not apply to him.

Principal Resident Magistrate Frank Tembo who handled some cases resigned in unexplained circumstances and went to private practice.

Mwamba Chanda who was handling the case of Lt Gen. Geojago Musengule and Amon Sibande was transferred to the Copperbelt. She is said to have complained to the Chief Justice Ernest Sakala about her abrupt transfer. This seems to have formed her first contact with Sakala. She was brought back to Lusaka , and was later promoted as Deputy Registrar of the High Court.

Magistrate Peter Chanda who handled Chungu’s cases was accused of corruption by Mutembo and was transferred to Siavonga.

Mutembo made Chief Justice Sakala reign havoc on the lower courts.

This relationship between the Taskforce on Corruption and Chief Justice has continued to be a strange one.

Even as late as 10th August 2006, Maxwell Nkole , the new Task Force Chairman, wrote to the Chief Justice Ernest Sakala about a magistrate Leah Banda Tembo who was handling Musengule’s case.

In the letter Nkole was expressing dismay that Tembo was due to leave for Japan for further studies.

Nkole wrote;

‘’It must be said that Mrs. Tembo has conducted herself in a most mature and professional way which is most admirable. We have no doubt that she will continue to be most valuable member of the Judiciary. We hope that she can advance herself academically....the accused is under arrest and his liberty is at stake. We are mindful that we are prosecuting a former Army Commander.....this matter should not be allowed to pend as it will not be in the public interest.

Your Lordship, we would be grateful if arrangements were made for the magistrate to finish her case before she leaves.’’

Nkole as a lawyer knew that such secret communications with the Judiciary on the administration of Justice is illegal. The Judiciary is expected to be independent and cannot be at the direction or control of any outside force or person. But it must be noted that the MOU envisaged and ‘provided’ for such illegal contacts!

Tembo proceeded to Japan and handled Musengule’s case only during her recess and Christmas Holidays! Despite the overwhelming presence of other magistrate, Sakala allowed her to handle this case in this manner.

The MOU called for the hand-picking of magistrate to handle Task Force cases for the expected provisions relating to the magistrates.

The MOU also granted ‘easy access’ for the Task Force on Corruption to the Judiciary!

The MOU also created a fund, the Anti-Corruption Fund ( ACF ) held in the United Kingdom . The fund was operated outside government regulations and under the control of Crown Agents.

Donors have provided similar funds in the past, but such funds for programs against Malaria, HIV/AIDS, Tuberculosis and other programs are always remitted to Zambian bank accounts and are regulated by government regulations.

This account was run differently. It gave Mark Chona a free hand.

Despite strong allegations against serious abuse of this fund, Mark Chona has proceeded to live a dignified life. The same donors, who gave funds to this account, have helped Chona with his ‘charity’ organisations.

Chona has formed Matantala Rural Integrated Development Enterprise (M-Ride). His functions are usually attended by high ranking embassy officials from the British, Norwegian, Swedish and other embassies.

DIRTY LITTLE SECRETS KEPT BY THE POST TO KEEP CJ IN CHECK

When the Auditor General ISSUED an Inspection Report on 17th October 2006, that incriminated the Chief Justice’s office the report was not known by the public thanks to The Post who refused to carry the stories surrounding this debacle!

The report cited cases of abuse of imprest by the Chief Justice amounting to K168million.

When Sakala was invited to Tanzania in May 2004 to commemorate 25th Anniversary of the appeals court, the government of the Republic of Tanzania paid for all expenses relating to food, accommodation and transport. Sakala’s office never retired the excess payments.

Other trips were cited where irregular payments were made to the Chief Justice and his wife, Monica, who is not even entitled to such advances.

Strangely, the Auditor General Anna Chifungula whose officers had unearthed the dirty scams at the Judiciary and the Chief Justice’s office issued a public statement that ‘’issues surrounding audit queries at the Judiciary have been resolved and all imprests have been retired.’’

The final audit report never reflected the primary concerns issued in the inspection reports!

Sakala activities with Chanda have remained unreported and even when ‘whistle blowers’ have taken the information to The Post, there is a deafening silence.

There was ‘embarrassing speculations’ about the circumstances surrounding the sudden sickness and evacuation of Sakala to South Africa , have never been laid to rest.

But now that more people know more about the stories that The Post use for blackmail, the cat is out of the bag.


CONCLUSIONS

Mutembo and his forces have remained largely unscathed even in the face of serious and credible allegations of impropriety. Liquidators of Zambian Airways have discovered serious irregularities.

The liquidators have wondered how the Patent and Company Registration (PACRO) kept both Zambian Airways Company and its fore-runner Mine Air Services ltd. Mutembo procured most of the statutory debt on Zambian Airways Company but obtained private loans on Mine Air Services (trading as Zambian airways)! Outright fraud!

Even in the face of calls for resignation Mutembo remains calm and the infrastructure he and his friends set at the Judiciary remains intact. And they Joke that Rupiah Banda might have his political power but they have their powers too.

Is the Chief Justice a Captive or willing participant?

The verdict on Dora Siliya is a typical example of the two centres of power. How can Dora Siliya in one breath be cleared but be clearly be incriminated in another.

The findings have made Both Rupiah Banda and Mmembe and Mutembo are celebrating!

How could an experienced Judge such as Dennis Chirwa pass such an ambiguous judgement? It is simple. To save themselves, they need to impress both Rupiah Banda and the Cartel.

It brings a de’javu feeling. This is what The Esau Chulu Tribunal did to the Director of Public Prosecutions (DPP) Mukelebai Mukelebai. On one hand, Mukelebai was cleared of all charges yet the tribunal recommended that he be retired in national interest!

Chulu had to please Mwanawasa and the Cartel but also ‘protect’ the integrity of Mukelebai.

History repeats itself!

Rupiah Banda might be President but the Cartel continues to run parallel processes.

But both forces are on the spotlight.

END

Nawakwi joins impeachment debate

Nearly three weeks ago the Patriotic Front and the United party for National Development (UPND) announced a pact that will see the two political parties fielding one presidential candidate. To show how serious the two political parties are they have fielded one candidate to fight the Chitambo parliamentary seat left vacant by the death of the sitting Movement for Multiparty Democracy MP.

But what appears to have raised a lot of dust from the two political parties is their call for President rupiah Banda to be impeached. The present sitting of the National Assembly is likely to see such a motion raised in parliament for debate. A number of ngos have condemned the move.

Citizens Forum executive secretary Simon Kabanda says the PF/UPND pact has not articulated the issue to make Zambians understand the reasons why they want President Banda impeached. Kabanda said it was difficult to understand why the parties wanted an impeachment when they had failed to articulate the reasons.

Former UPND vice-president, Patrick Chisanga also says the basis of the pact’s argument for the impeachment was difficult to understand. Chisanga said impeachment was a serious matter and those involved in moving such a motion should ensure the sovereignty and integrity of the country was not compromised.

Now Forum For Democracy and Development (FDD) president Edith Nawakwi has joined the impeach the president debate. She says there are no constitutional breaches to constitute the impeachment of President Rupiah Banda.

Nawakwi said July 29 that appointing of former Communications Minister, Dora Siliya and MMD national chairperson, Michael Mabenga as Minister of Education and Lands Deputy Minister did not constitute violation of the Constitution.

She said the proposed impeachment being initiated by the Patriotic Front (PF) and the United Party for National Development (UPND) pact was vanity because it appeared to have no basis.

She said the president was also an MP and that impeaching him at this time would also mean dissolution of Parliament and wondered if parliamentarians would be willing to entertain such a motion.

She urged Zambians to focus on national development and wait for 2011 in which the next elections would be held.

Fires on Peer Review body raise dust

VICE-President George Kunda has revoked the appointment of Zambia National Women’s Lobby Group (ZNWLG) chairperson, Tamala Kambikambi as chairperson for the National Governing Council of the African Peer Review Mechanism. The move has raised quite some dust with both the opposition and non governmental organisations claiming this would undermine the APRM's capacity and ability to operate independently.

But Ministry of Justice Permanent Secretary Gertrude Imbwae says in a statement issued in Lusaka July 29 that Kambkambi was removed because she was also serving on the National Constitutional Conference (NCC). She says Zambia Centre for Inter Party Dialogue (ZCID) spokesperson, Langtone Sichone was also dropped from the African Peer Review Mechanism (APRM) on similar grounds.

Imbwae said other members of the APRM were removed because they had made their anticipated contributions to the initiative and were not expected to add anything further.

She said 12 members including Press Association of Zambia (Paza) vice-president, Amos Chanda, former presidential adviser, Arthur Yoyo and politician Ludwig Sondashi were removed because they had achieved the contribution to the APRM.

Further Commerce, Trade and Industry Permanent Secretary, James Mulungushi, George Chabwera representing employers and Namukolo Mukutu from the Zambia National Farmers Union (ZNFU) were removed because they did not attend any APRM meeting.

But the explanation has not gone well with opposition political parties and non government organisations who see the matter diffeently.

And Chanda refuted reports that he was dropped as APRM spokesperson because he was against the prosecution of Post news editor Chansa Kabwela. He said he was officially informed that he had been removed from the APRM because of the re-organisation of the National Governing Council (NGC) and not because of a statement he made as Paza vice-president.

He thanked Vice-President Kunda and the Government for according him a chance to serve on the APRM since March 1, 2009 when he was appointed spokesperson.

DEC arrest two on money laundering charge

Drug Enforcement Commission (DEC) in Lusaka arrested an accountant of Finca Zambia Limited for alleged money laundering amounting to K61 million. DEC public relations and Press liaison officer, John Nyawali said in a statement July 29 that Innocent Wangwamba, 25, of Kabanana Site and Service was arrested together with Beauty Chipema for money laundering.

Nyawali said Wangwamba, while acting with Chipema and other persons allegedly laundered the money that belonged to the company using Chipema’s account, at one of the commercial banks.

Bandits snatch K1bn, kill two Bank employees

BANDITS in Western Province on July 29 killed two Finance Bank employees and got away with K1 billion they were transporting from Mongu to to the Finance Bank branch at Kaoma.

Police spokesperson, Bonny Kapeso confirmed the robbery July 29, saying a third Finance Bank employee and two police officers who accompanied the bank staff were wounded and are admitted at Kaoma District Hospital.


Kapeso said the bandits waylaid the motor vehicle on the Mongu-Kalabo Road at Namaseche, some 20 kilometres west of Kaoma Boma where they opened fire causing the motor vehicle to overturn. He said the incident happened around 13:00 hours and only K41 million was recovered at the scene of the crime.

He said the two Finance Bank employees were killed on the spot and two hand grenades were found at the scene. The bandits were suspected to have used military firearms.

He said the bandits were on foot and police have launched a manhunt of the bandits.

Friday, June 26, 2009

Government changes budget cycle

Government has gazetted a Constitution Amendment Bill of 2009 to change the budget cycle so that it can be approved before the commencement of each financial year.

Briefing the press Vice-President George Kunda said June 24 that the Amendment Bill will improve budget implementation because Government will have a complete year to execute it.

“The financial year in Zambia starts from January 1 to December 31 of each year. This means that the budget will be approved within 90 days before the commencement of the financial year if the amendments are enacted by Parliament in the next sitting,” he said.

Kunda said currently, the budget is approved within the first three months of the commencement of the financial year (January 1 to March 31), leaving only nine months for budget implementation. He said this trend makes it difficult for Government to efficiently implement development projects.

“As a result, members of the public, parliamentarians and cooperating partners have called for the change of the budget cycle and Government is merely responding to such calls,” he said.

Kunda said it is important to note that the National Constitutional Conference (NCC) has already approved the amendment as recommended by the Mung’omba Commission. The Vice-President said Government’s move to publish the Constitutional Amendment to change the budget cycle is not a partisan issue. The Vice-President said Article 79 of the Constitution requires any Bill intended to amend the Constitution to be published in the gazette for a period of 30 days before its first reading in the National Assembly.



Day a Monkey Peed on a President

President Rupiah Banda on June 24 met a surprising fate when a monkey listening to his press address urinated from the tree above him soiling his suit.
"Aa kanitundila," the president exclaimed (meaning it has urinated on me).

At the time of the incident the president was talking about opposition Patriotic Front leader Michael Sata, the president's traditional cousin.
"I will send this particular monkey to Sata," Banda said.

Striking nurses face the sack

Health minister Kapembwa Simbao has June 24 given striking health workers an ultimatum to report for work by june 29, failure to which they should consider themselves fired for staying away for more than ten days without authority.

Addressing the press Simbao said the workers have been absent for a long time against the terms and conditions of service for public service workers.

“Failure to report for work by the stated dates will lead to disciplinary action. Those who do not report for work by the stated dates should consider themselves dismissed,” he said.

Simbao said retired nurses and other health workers and those who may be looking for employment and are willing to work, should submit applications to the provincial and district offices.

“Qualified nurses from within the southern African region are encouraged to apply for vacancies on local conditions that may be created as a result of nursing staff not reporting for work,” he said.

He said the Government was aware that there were some workers who may not be reporting for work for fear of victimisation by their colleagues and the ministry will ensure there was adequate security to protect them.

The minister said health workers not reporting for work would not be allowed to gather within the hospital grounds starting from June 25. He said following the signing of the collective agreement with the unions, the Government expected health workers to go back to work but the illegal strike had continued despite numerous appeals.

He said the Ministry of Health and the unions had agreed to discuss the other concerns regarding the conditions of service and President Rupiah Banda had assured that a committee would be set up to address the workers’ concerns. Simbao said President Banda also appealed to the conscience of the workers to remind them why they chose to serve the people.

Banda on June 24 said public service workers could not be awarded a pay rise of more than 15 per cent because that would have a negative impact on the economy. He said the Government had in this year’s national Budget set aside money for an 11 per cent salary increment for public service workers which the unions rejected. He said after the unions rejected the 11 per cent increment, the 15 percent that was settled for translated into 48.9 per cent of the K10.6 trillion domestic revenues.

Tuesday, June 23, 2009

Labour minister talks to striking Nurses in Lusaka

Labour and Social Security Minister Austin Liato says government is readdy to review allowances for nurses as long as they resume work to facilitate smooth negotiation.

Addressing striking nurses from various hospitals and clinics in Lusaka Province at the University Teaching Hospital (UTH), Liato said the negotiation process for improved allowances could only start if nurses resumed work. He said Government appreciated concerns expressed by nurses but urged them to resume work so that the unions and the bargaining teams can immediately commence negotiations for improved allowances in the health sector. He said according to the labour laws, the process of collective bargaining could not go ahead when workers had withdrawn labour.

“Your problems can only be solved when you go back to work. Government cannot negotiate when you are not working,” he said.

The minister said the Government acknowledged the important role the nurses played in the delivery of quality health care to the patients and the nation. He said he would inform the Government team set up to resolve the stand- off, on their proposals for an increase in various allowances. He said he would inform President Rupiah Banda on the demands by the workers in the health sector.

Nurses in Lusaka said they have accepted the 15 per cent salary increment awarded to all public service workers but have called for improved conditions of service, among them housing, overtime and uniform allowances.

Zambia Congress of Trade Unions (ZCTU) president Leonard Hikaumba, his secretary general Roy Mwaba and Zambia Union of Nurses Organisation president Tom Yungana attended the meeting.

Hikaumba said on Sunday the union leaders met Health Minister, Kapembwa Simbao where it was resolved that K25 billion would soon be released to settle outstanding allowance arrears for health workers countrywide. He said that secretary to the Cabinet Joshua Kanganja had also made an undertaking on the need for the unions and the Government to conduct a review of housing allowances in the civil service. He said politicians should not take advantage of the sufferings of the civil servants in order to propagate their political agendas. He called for unity among workers and union leaders in their quest for improved conditions of service.

Mwaba said workers in the health sector were unique and required special attention as they dealt with matters of life and death. He said the ZCTU had given the Government a four- week ultimatum in which to resolve the issue of allowances in the health sector.

A representative for the nurses, Hammond Kapapa said nurses lacked adequate representation and that they were happy that a Cabinet minister had met them to hear their views. He said the issue of commuted overtime should be addressed, as at present, nurses were going home with K30, 000 per month as overtime. He said night duty allowance was pegged at K35,000 per month while uniform upkeep was at K35,000 per month.

Kapapa said the nurses would only resume work once the Government issued a written agreement that it would address their concerns within a specified period.

Striking nurses at Solwezi General Hospital in North-Western Province on June 22 demanded administrative issues, including tea breaks, heaters in the wards and doctors on call to sleep at the hospital.

And teachers in Northern Province have called off the strike in all the 12 districts.
Zambia National Union of Teachers provincial chairperson, Nondo Kasanda said the teachers had all resumed work.

Government introduces measures to combat thieving workers

Secretary to the Cabinet Joshua Kanganja says government has introduced measures to fight corruption because its efforts were being frustrated by some dishonest public service workers who divert public resources for personal gain.

Speaking in Lusaka June 22 on a Zambia National Broadcasting Corporation television interview on the eve of the Africa Public Service Day Kanganja says Cabinet recently approved the Anti-Corruption Policy aimed at enabling ministries and Government departments to perform within the legal framework. He said President Rupiah Banda would soon launch the policy.

Kanganja said Government was concerned with the way public resources were being mismanaged or misapplied and would soon scale up the formation of integrity committees in all parts of the country. He said the Government would establish a financial intelligence unit to address fraud and money laundering activities. He also said civil servants should be non-partisan in order for them to effectively implement Government policies.

Kanganja said there was need for civil servants to be loyal to the Government of the day because the State could only propel development if it received the maximum support from the workers. He called on public service workers to be disciplined and improve their work culture for the benefit of the public.

Monday, June 22, 2009

Return to work or else we will act says health minister

Government says it will be forced to act against nurses if they refuse to listen to the plea of their union leaders to return to work. Minister of Health Kapembwa Simbao said in Lusaka June 21 that Government has asked union leaders to urge their members to resume work.

“We are currently talking to union representatives. We have asked them to convince their members to resume work because going through their representatives is the only legal route. The nurses have representation and if they don’t listen to them (union leaders), then I don’t know who they will listen to. If only a few listen to their leaders, then we will put the unions aside and move in as Government,” he said.

Simbao says Government has no money to increase nurses’ salaries beyond what has already been agreed upon. He says the only way to increase salaries would be by getting money from other important areas such as agriculture, health and education.

“There is no money hanging around. All the money has been shared in the yellow book. If money has to be found, it will be from these other sectors and this will create another problem like shortage of drugs,” Simbao said adding that government did a lot to move to 15 per cent, as initially, it could only manage 10 per cent.

“We had to struggle to even get the five per cent. This five per cent was from these other sectors, so people must understand,” he said.

Simbao said it is difficult to get excessive salary increase because of the global recession. He said, however, that despite the recession, Government is working to improve conditions of service for nurses and other health personnel. He said Government wants a situation where Zambian workers get competitive salaries like those of their counterparts in the region. He still has hope that the situation will improve.

“I am not, as Minister of Health, directly involved in this situation. The labour union’s line of report is through Minister of Labour and Social Security. I only come in where there are health issues to be resolved,” he said.

He urged nurses to understand that Government is committed to their cause and that their pleas had not fallen on deaf ears.

Convict Chiluba and his co-accused over US$500,000

The court should convict Second Republican president, Frederick Chiluba and his two co-accused persons, former directors of Access Financial Services (AFS), Faustin Kabwe and Aaron Chungu on all the 12 counts they are each charged with, the state submitted June 19. The State says the evidence before the court has proved beyond any reasonable doubt that the accused persons committed the offences under each count in respect of which they are charged.

This is in the case in which Chiluba, Chungu and Kabwe are charged with theft of public funds amounting to over US$500, 000.

The State submitted that the monies were paid out in favour of beneficiaries other than the Government, or deposited in private accounts a conversion, which coincided with an intention to permanently deprive the Government from use or enjoyment of the funds. The State also submitted that according to the meaning of section 21 of the Penal Code all parties to a common unlawful purpose are liable as principal offenders irrespective of the role played in the joint enterprise.

Further the State has proposed that the court deals with these counts together especially that the evidence relating to these counts is largely identical.

“ This honourable court, may thus if the evidence before it warrants, convict the three accused persons either in counts one to three or counts four to six as principal offenders, even though they were not all perpetrators of the crime,” reads the submissions.

Task Force prosecutor Mutembo Nchito submitted that in the above counts, Kabwe and Chungu were the principal offenders while Chiluba was an accessory before the fact as he procured the commissioned offences charged in the said counts according to section 21 (2) of the Penal Code. He submitted that in counts seven, eight and nine actus reas in these counts occurred through the fraudulent conversion of Government funds to the Zamtrop account for the use of Chiluba’s children.

Nchito further submitted that Chiluba was liable to be convicted as a principal offender either on the basis of the principal of joint unlawful purpose with person here not indicated or for procuring the offence in counts seven to nine.

“The evidence before this court is that, that was a Government account and that all the monies in it ought to be treated as such, we wish to stress that the payments to Chiluba’s children were made out of the Zamtrop account, the defence ought to show that monies paid to his children were private sources,” read the submissions.

And in counts 10 through to 12, the State submitted that the transactions involved in these counts were similar to those involving counts one to six in that each transaction was a perfect replica of the others. He submitted that at the time the conversion of the funds took place the accused persons intended indefinitely to exclude the Government from enjoying its rights to the monies alleged to have been stolen.

“The fact that Kabwe and Chungu did not want to keep a ledger at AFS to replicate the ledger at Meer Care and Desai, the State submit that the action of the two indicated that they did not want these transactions to ever come to light since stolen Government funds were laundered through this account,” he stated.

The State submitted that the circumstances in the case revealed a joint unlawful purpose between Chiluba and his co accused persons as there was clear intention to divert Government funds to procure properties for Vincent Malambo and Eric Silwamba by Chiluba as promises although he might not be directly involved in actus reas.

Earlier, Chiluba submitted that the case be dismissed because it appears to be novel and a mere fiction. Chiluba said this in his final defence submissions filed in court by his lawyers, Robert Simeza and John Sangwa. Judgment has been set for July 20.

Tuesday, June 16, 2009

High Court clears former communications minister

Former transport and communication minister Dora Siliya has been cleared by the Lusaka High Court. Judge Philip Musonda quashed the findings of the Dennis Chirwa Tribunal saying the tribunal had exercised excessive jurisdiction when it found that Siliya had breached article 54 of the constitution when she disregarded advice from the Attorney General.

Bids for oil and gas exploration opens in three weeks

Minister of Mines and Minerals Development Maxwell Mwale says Zambia will open bidding for oil and gas exploration in three provinces within the next three weeks.

“Preliminary geological work which was done indicated the presence of oil and gas ... in the North Western, Western and Eastern provinces. We will soon be inviting would-be bidders to participate in petroleum exploration,” Mwale said in Cape Town during the sidelines of the World Economic Forum on Africa.

Zambia wants to diversify its economy from mining, which accounts for 70 per cent of export earnings, mainly from copper. About 10,000 jobs have been lost in the mining industry as the global economic crisis pushed down commodity prices which led to the closure of some mines.

“With the petroleum industry there will be an enormous amount of jobs created, revenues to the state will be enormous,” Mwale said.

Zambia enacted a petroleum mining and exploration law last year in an effort to streamline the prospecting and mining of oil and gas.

Kapoko and six others plead not guilty

Former Ministry of Health human resources officer Henry Kapoko and seven others among them senior officials from the same ministry on June 15 pleaded not guilty to three counts of theft by public servant and theft.

Kapoko separately denied two fresh charges of theft involving K1.9 billion and another charge of issuing cheques on an insufficiently funded account contrary to the Laws of Zambia. He has another charge of obtaining money by false pretences which comes up on June 19 before the same court for trial. This is in a case where Kapoko is facing an offence of theft contrary to section 272 of the Penal Code Cap 87 of the Laws of Zambia.

It is alleged that Kapoko 36, of Woodlands and Fred Chileshe 26, of Olympia Park who is operations manager at Best Home Lodge stole K1.9 billion from the Government between December 28, 2008 and February 28 2009.

In the third count, Kapoko, alone is facing one count of issuing a cheque on an insufficiently funded account contrary to section 33 (1) (4) of the National Payment and Systems Act Number 1 of 2007 of the Laws of Zambia.

Kapoko between February 1 and 17 with intent to defraud willfully and dishonestly issued cheques numbers 000241 and 000242 amounting to K99 million on Kahekam Limited account number 00641361400 to Goldman Insurance Limited.

The other six ministry of health officials who all pleaded not guilty are Abel Kasongo, 53, of PHI, Anthony Mwila 36, Woodlands, Ryod Onde 39,Chelstone, Justine Phiri 37, Kabwata Site and Service and Nobert Peleti 37, Chilenje and Zukas Kaoma 38, Lilayi.

The officials are all facing one count of theft by public servant contrary to section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.

Kasongo is head of procurement and supplies, Mwila senior procurement specialist, Onde an accountant, Phiri internal auditor, Peleti assistant director of administration and Kaoma principal accountant.

They, between December 1, 2008 and February 28 this year allegedly stole K1.9 billion belonging to the Government, which came into their possession by virtue of their employment.

And magistrate Kenneth Mulife granted the State an application to adjourn the matter to June 16 to allow it respond to bail applications filed by defence lawyers.

Prosecutor Frank Mumbuna applied for a two-day adjournment to allow the State time to study the bail applications because they were lengthy.

The defence lawyers had asked the court to grant their clients bail because the police had denied them bond and that their clients had been incarcerated for a long time. The lawyers told the court that the accused were Zambians with fixed abodes willing to provide sureties and to comply with the courts’ conditions.

But Mumbuna said the State needed to prepare adequately even if it was aware of the provisions of section 123 and that there were other issues involved such as the interference with witnesses by the accused.

Mr Mulife asked the State to make its submissions June 16 so that he could make a ruling on whether bail should be granted or not.