High profile cases of corruption inherited from the late President Levy Mwanawasa's anti graft campaign continue to be concluded by the magistrates courts. In recent months three high ranking general in the military have been convicted. These include former Zambia airforce commanders Sunday Kayumba and Christopher Singogo, former army commander Geojago Musengule (all three are on bail pending appeal) and former Zambia National Service commandant Wilford Funjika. Others already convicted include former lands minister and Member of Parliament Rev Gladys Nyirongo - once referred to as a woman of God by her husband during an election petition in 1996 and Regina, wife of second republican President Frederick Chiluba (both women are on bail pending appeal). Judgment in Chiluba's case is expected on July 20, 2009. Thus the present finding by the magistrate's is not surprising and observers expect Chiluba and people in the story below will be convicted:
THE Lusaka Magistrates Court has found former Minister of Finance and National Planning, Katele Kalumba and his six co-accused persons with a case to answer for alleged corruption. Lusaka High Court deputy director of operations, Edward Musona ruled that the seven accused persons have a case to answer when he sat as chief resident magistrate.
Others charged with Dr Kalumba are former Ministry of Finance permanent secretaries, Stella Chibanda and Boniface Nonde, former secretary to the Treasury Benjamin Mweene, and former chief economist Bede Mphande. The rest are defunct Access Financial Services directors Faustin Kabwe and Aaron Chungu.
“I am satisfied that the prosecution have established a prima facie case against the accused. I find therefore each of the accused persons with a case to answer in respect of their respective charges…I accordingly put each of them on their defence,” Mr Musona said.
He set April 27, 2009 as date for commencement of defence.
The seven have been accused of facilitating and benefiting from alleged overpayments Government made to two United States of America-based companies, Systems Innovation and Wilbain Incorporated. The two companies were allegedly overpaid for security installations they did at strategic government institutions that include Office of the President headquarters, State House, Cabinet Office, the Vice-President’s residence, Lusaka International Airport and the Lusaka High Court.
According to evidence on record, the Government owed Wilbain and Systems Innovation a total of US$33,958,000 (about K19 billion).
But it is alleged that Systems Innovation was paid US$28,112,176 (about K15.7 billion) while the payment to Wilbain was US$11,909,000 (about K6.6 billion), bringing the total US$40,021,176 (K22.4 billion).
Thursday, April 16, 2009
Catholic priest convicted over exam leaks
After the recent conviction of a Catholic priest for marriage interference by the Ndola local court, another Catholic priest has been convicted by a magistrate in Mansa for leaking examinations. The Zambia Daily Mail on April 16, 2009 carried the following story:
A Mansa Magistrates Court has convicted two teachers, one of them a Catholic priest, for loss and misuse of 2008 Grade 12 examination papers. Resident Magistrate Daniel Musonda convicted Lungo Mpundu, 34, a priest and Everisto Chabu, 62, a teacher and fined them K700,000 (US$140) and K1.5 million (US$300)respectively.
Mr Musonda acquitted another Catholic priest, identified as James Chisenga, 34. The trio are all teachers at Charles Lwanga Seminary in Mansa. Facts before the court were that the trio, on unknown dates, but between October 23 and November 5, 2008, lost and misused 2008 examination papers.
According to the evidence in court, officers from the Mansa Provincial Education Office found people photocopying 2008 Grade 12 examination papers that had a reference number for Charles Lwanga Seminary. The court heard that after investigations by police, it was discovered that all the examination packs had one copy missing, except for mathematics and chemistry papers.
In mitigation, Chabu pleaded for the court's leniency, saying he was an old man and had lost his job and terminal benefits because of the offence he had committed. Chabu further said he was married and had six children and that if sent to jail, his family would suffer.
Reverend Mpundu also pleaded for the court's leniency, saying he was remorseful. He said if sent to prison, he would suffer and that the work of the church would be affected as many members relied on him for spiritual guidance.
Passing judgement, Magistrate Musonda said he had taken into consideration that the convicts were first offenders. Mr Musonda said, however, that the offence the duo committed was a serious one.
“I, therefore, will exercise lenience and fine Chabu K1.5 million in default of nine months imprisonment with hard labour and Mpundu K700,000 in default of seven months imprisonment with hard labour to be paid by May 30, 2009,” he said.
Magistrate Musonda told the convicts that they had the right to appeal to the high court within 14 days if they were not happy with the judgement. - ZANIS
A Mansa Magistrates Court has convicted two teachers, one of them a Catholic priest, for loss and misuse of 2008 Grade 12 examination papers. Resident Magistrate Daniel Musonda convicted Lungo Mpundu, 34, a priest and Everisto Chabu, 62, a teacher and fined them K700,000 (US$140) and K1.5 million (US$300)respectively.
Mr Musonda acquitted another Catholic priest, identified as James Chisenga, 34. The trio are all teachers at Charles Lwanga Seminary in Mansa. Facts before the court were that the trio, on unknown dates, but between October 23 and November 5, 2008, lost and misused 2008 examination papers.
According to the evidence in court, officers from the Mansa Provincial Education Office found people photocopying 2008 Grade 12 examination papers that had a reference number for Charles Lwanga Seminary. The court heard that after investigations by police, it was discovered that all the examination packs had one copy missing, except for mathematics and chemistry papers.
In mitigation, Chabu pleaded for the court's leniency, saying he was an old man and had lost his job and terminal benefits because of the offence he had committed. Chabu further said he was married and had six children and that if sent to jail, his family would suffer.
Reverend Mpundu also pleaded for the court's leniency, saying he was remorseful. He said if sent to prison, he would suffer and that the work of the church would be affected as many members relied on him for spiritual guidance.
Passing judgement, Magistrate Musonda said he had taken into consideration that the convicts were first offenders. Mr Musonda said, however, that the offence the duo committed was a serious one.
“I, therefore, will exercise lenience and fine Chabu K1.5 million in default of nine months imprisonment with hard labour and Mpundu K700,000 in default of seven months imprisonment with hard labour to be paid by May 30, 2009,” he said.
Magistrate Musonda told the convicts that they had the right to appeal to the high court within 14 days if they were not happy with the judgement. - ZANIS
Wednesday, April 15, 2009
Another face of Zambian Justice System
The local courts continue to provide an interesting insight into Zambian society and the clergy are not an exception to this. This story involving a Catholic Priest in Ndola made headlines in both print and broadcast media on April 14, 2009. This report appeared in the Times of Zambia on April 10, 2009:
A CATHOLIC priest in Ndola was yesterday fined K10 million by a local court for having an affair with a married woman whom he was offering marriage counselling.
Pamodzi Parish priest Father Davies Nsama of 42 Fitente Road in Northrise appeared before Chifubu local court magistrates Amos Banda, Aaron Sugar Banda and Rosemary Muke for bringing disputes in a marriage.
Charles Moto, 32, of 3597 Kansenshi Extension, an employee of PG Bisonite sued Father Nsama for causing disputes in his marriage of five years to 27-year-old Virginia Mpanza Moto, an employee of Mission Press at the Franciscan centre in Ndola.
Father Nsama admitted to the offence and applied that the matter be heard in chambers but the court refused. Father Nsama told the court that he knew Virginia in 2002 and went for rides in his car with her to discuss church matters. He admitted that one day he and Virginia drove to Luanshya where he kissed her.
But Father Nsama denied ever sleeping with Virginia and said he deeply regretted the affair. Virginia said she too regretted the affair but pointed out that affairs were not always sexual. She said she had suffered a lot from the ordeal.
Justice Banda said from the priest’s own confession, the court found him guilty and fined him K10 million, noting that it was unfortunate that a Catholic priest could get into an affair with a married woman.
In his testimony, Mr Moto said in a fully-packed court that he got married to Virginia in July, 2004 and the two have two children. He said at the end of 2007, he was transferred to Ndola but was transferred back to Lusaka in November last year. It was agreed that he would be travelling to Ndola every Friday and go back to Lusaka on Mondays.
Mr Moto said he decided late last year to have a wedding at Pamodzi Catholic Parish that was set for May 9 this year. It was at this point that the couple went to Father Nsama for counselling. Mr Moto said he, however, received an anonymous call from a private number on Tuesday March, 31 after 20:30 hours and the caller wanted to find out where his wife was.
He said he called his wife but she told him that she was at the bus stop and later switched off her phone. He called his wife the next day, but she gave conflicting versions of where she was prompting him to get a court order from the Lusaka local court to get the activity phone record from MTN.
The phone record of the previous one month showed that his wife and Father Nsama exchanged a lot of calls and text messages between 19:00 hours and 23:30 hours. Mr Moto said he travelled from Lusaka and asked Father Nsama to meet him somewhere so they could have a ‘gentleman’s’ talk.
During the meeting, Father Nsama said he and Mrs Moto were merely going for car rides and that on that evening they went as far as Luanshya. He said he grabbed Nsama’ phone where he found a text message from his wife telling the priest to say that the two merely went for car rides. Mr Moto said that day he had never slept, got traumatised and even contemplated suicide.
He then arranged a meeting with Ndola Diocese Bishop, Noel Oregan, who he said was cooperative and asked him to forgive his wife and sue Father Nsama. Mr Moto said Bishop Oregan even offered Father Nsama a house in Lusaka so that he could relocate, an offer he turned down and the bishop further asked the priest to go for an HIV test. Mr Moto simultaneously sued his wife for divorce which the court granted without compensation and urged the two parties to take good care of the children.
A CATHOLIC priest in Ndola was yesterday fined K10 million by a local court for having an affair with a married woman whom he was offering marriage counselling.
Pamodzi Parish priest Father Davies Nsama of 42 Fitente Road in Northrise appeared before Chifubu local court magistrates Amos Banda, Aaron Sugar Banda and Rosemary Muke for bringing disputes in a marriage.
Charles Moto, 32, of 3597 Kansenshi Extension, an employee of PG Bisonite sued Father Nsama for causing disputes in his marriage of five years to 27-year-old Virginia Mpanza Moto, an employee of Mission Press at the Franciscan centre in Ndola.
Father Nsama admitted to the offence and applied that the matter be heard in chambers but the court refused. Father Nsama told the court that he knew Virginia in 2002 and went for rides in his car with her to discuss church matters. He admitted that one day he and Virginia drove to Luanshya where he kissed her.
But Father Nsama denied ever sleeping with Virginia and said he deeply regretted the affair. Virginia said she too regretted the affair but pointed out that affairs were not always sexual. She said she had suffered a lot from the ordeal.
Justice Banda said from the priest’s own confession, the court found him guilty and fined him K10 million, noting that it was unfortunate that a Catholic priest could get into an affair with a married woman.
In his testimony, Mr Moto said in a fully-packed court that he got married to Virginia in July, 2004 and the two have two children. He said at the end of 2007, he was transferred to Ndola but was transferred back to Lusaka in November last year. It was agreed that he would be travelling to Ndola every Friday and go back to Lusaka on Mondays.
Mr Moto said he decided late last year to have a wedding at Pamodzi Catholic Parish that was set for May 9 this year. It was at this point that the couple went to Father Nsama for counselling. Mr Moto said he, however, received an anonymous call from a private number on Tuesday March, 31 after 20:30 hours and the caller wanted to find out where his wife was.
He said he called his wife but she told him that she was at the bus stop and later switched off her phone. He called his wife the next day, but she gave conflicting versions of where she was prompting him to get a court order from the Lusaka local court to get the activity phone record from MTN.
The phone record of the previous one month showed that his wife and Father Nsama exchanged a lot of calls and text messages between 19:00 hours and 23:30 hours. Mr Moto said he travelled from Lusaka and asked Father Nsama to meet him somewhere so they could have a ‘gentleman’s’ talk.
During the meeting, Father Nsama said he and Mrs Moto were merely going for car rides and that on that evening they went as far as Luanshya. He said he grabbed Nsama’ phone where he found a text message from his wife telling the priest to say that the two merely went for car rides. Mr Moto said that day he had never slept, got traumatised and even contemplated suicide.
He then arranged a meeting with Ndola Diocese Bishop, Noel Oregan, who he said was cooperative and asked him to forgive his wife and sue Father Nsama. Mr Moto said Bishop Oregan even offered Father Nsama a house in Lusaka so that he could relocate, an offer he turned down and the bishop further asked the priest to go for an HIV test. Mr Moto simultaneously sued his wife for divorce which the court granted without compensation and urged the two parties to take good care of the children.
Tuesday, April 14, 2009
RB raises US$475,000 for national soccer team
President Rupiah Banda has raised US$ 475,000 dollars from First Quantum Minerals for the preparation of the Zambia National Football Team. The funds will be used for the remaining qualifying games of the joint African Cup of Nations/World Cup.
President Banda said following his meetings with First Quantum Minerals, the company had agreed to pay the salary of the National Team Coach Harve Renard and his Assistant Patrice Beaumelle for the remaining games and purchase two brand new Toyota Hilux Double Cabs for their use.
The President thanked First Quantum Minerals for the gesture saying it would go a long way in boosting the morale in the team and the coaching staff. He appealed to other business houses to come forward and assist the team in their remaining matches.
And First Quantum Minerals Group Chief Executive Officer Philip Pascall said his company had decided to support the initiative by President Banda to raise funds for the National Team because the private sector has a major role to play in sport.
“FQM, like all mining companies, is facing difficulties due to very low copper prices. But we feel the need to share in hardships for the aspirations of the nation,” Pascall said.
President Banda said following his meetings with First Quantum Minerals, the company had agreed to pay the salary of the National Team Coach Harve Renard and his Assistant Patrice Beaumelle for the remaining games and purchase two brand new Toyota Hilux Double Cabs for their use.
The President thanked First Quantum Minerals for the gesture saying it would go a long way in boosting the morale in the team and the coaching staff. He appealed to other business houses to come forward and assist the team in their remaining matches.
And First Quantum Minerals Group Chief Executive Officer Philip Pascall said his company had decided to support the initiative by President Banda to raise funds for the National Team because the private sector has a major role to play in sport.
“FQM, like all mining companies, is facing difficulties due to very low copper prices. But we feel the need to share in hardships for the aspirations of the nation,” Pascall said.
RB travels to Northwest April 16
President Mr. Rupiah Banda will on April 16 travel to North-Western for a three-day working visit where he will officially commission the Lumwana Copper Mine (LCM) project.The President will also officially launch a Power Sub-Station constructed by the Zambia Electricity Supply Corporation (ZESCO) to supply power to Lumwana Copper Mine. President Banda will also tour a Small-Scale Farm in Solwezi accompanied by Zambia National Farmer’s Union(ZNFU) officials and will later visit the Mutanda Research Station.
Accompanying President Banda will be Agriculture Minister Honourable Brian Chituwo, MP,Mines and Minerals Development Minister Honourable Maxwell Mwale, MP and Education Minister Honourable Professor Lungwangwa, MP and other senior government officials. He is expected in Lusaka on April 18.
Accompanying President Banda will be Agriculture Minister Honourable Brian Chituwo, MP,Mines and Minerals Development Minister Honourable Maxwell Mwale, MP and Education Minister Honourable Professor Lungwangwa, MP and other senior government officials. He is expected in Lusaka on April 18.
A second face of Zambia's Justice System
A Lusaka woman of Old Kanyama Township asked local court to grant her divorce because her husband had married another woman.
Barbara Mwape sued George Kangwa for divorce saying that she could not live with a polygamous man. Mwape, 29, who has two children with Kangwa, 36, said he had also stopped providing for her family since he married another woman. She said, it was therefore, not necessary for her to continue living with a man who did not understand the needs of a woman and a home.
"At the moment I live with my elder sister because I was chased from my marital home when I confronted my husband over his womanising," Mwape said. Mwape told the court that she caught him committing adultery on several occasions.
But Kangwa told Senior Presiding Magistrate Henry Mwananshiku sitting with Senior Court magistrate Beatrice Nasilele that he married another woman because Mwape disrespects him.
"I love my wife so much but her problem is beer drinking which she has failed to stop. When I met her she told me she does not take alcohol but it became different in marriage," said Kangwa.
He told the court that United Church of Zambia had on two occasions stopped her from wearing women's fellowship uniform because of her beer drinking.
The court dissolved the marriage and order Kangwa to pay Mwape ZMK3.5 million (US$700) as compensation in installment of K100,000 (US$20) and K150,000 (US$30) each month for the maintenance of the children.
Barbara Mwape sued George Kangwa for divorce saying that she could not live with a polygamous man. Mwape, 29, who has two children with Kangwa, 36, said he had also stopped providing for her family since he married another woman. She said, it was therefore, not necessary for her to continue living with a man who did not understand the needs of a woman and a home.
"At the moment I live with my elder sister because I was chased from my marital home when I confronted my husband over his womanising," Mwape said. Mwape told the court that she caught him committing adultery on several occasions.
But Kangwa told Senior Presiding Magistrate Henry Mwananshiku sitting with Senior Court magistrate Beatrice Nasilele that he married another woman because Mwape disrespects him.
"I love my wife so much but her problem is beer drinking which she has failed to stop. When I met her she told me she does not take alcohol but it became different in marriage," said Kangwa.
He told the court that United Church of Zambia had on two occasions stopped her from wearing women's fellowship uniform because of her beer drinking.
The court dissolved the marriage and order Kangwa to pay Mwape ZMK3.5 million (US$700) as compensation in installment of K100,000 (US$20) and K150,000 (US$30) each month for the maintenance of the children.
One face of Zambian Justice System
The local courts dispense customary on various issues occuring in Zambian communities. However, most of the cases handled by these courts involve problems in marriages as the following glimpse shows:
"In Lusaka a local court ordered a 31 year old man to pay another man ZMK4.5 million (US$900) as compensation for adultery. Senior local court magistrate Kalunga Chansa ordered Gibon Katenga of State lodge Township in Lusaka to compensate Lombe Mulenga 32 of Bauleni Township for committing adultery with his wife Grace Mwape, 23.
Mulenga told the Chilenje local court that he and Mwape got married in 1999 and have three children. Mulenga said on January 8, 2009 Mwape ran away from her matrimonial home. She went to live with Katenga. Mulenga said he learned that Mwape was with Katenga on January 30, 2009.
"I went to Mwape's father and told him that she had run away from home. Her father told me that he would inform me when he found out where she was," Mulenga told the court.
Mulenga testified that when he confronted Mwape at her workplace, she told him that he should ask her father why she left home. He said they went together to her father where he (Mwape's father) told Mulenga that their marriage had ended. Mulenga said the following day, Mwape's father collected all goods from the couple's home while he was at work.
"On January 31, 2009 I found Katenga with Mwape at the bus station at 20.00hours and I asked him why he had taken my wife away from me leaving the children to suffer. While we were discussing Mwape's father came and asked her to leave. She went with katenga in a van," Mulenga said.
In his testimony, Mwape's father, Clement Mwape said Mulenga had been her daughter's husband, but he terminated the marriage because he was not taking good care of her. He said Mwape went to leave with her elder sister and he did not know Katenga.
In defence katenga said he met Mwape when she was returning for work. She told him that she had divorced her husband and she was staying with her sister.
"As our relationship grew mwape complained that the house she was staying in was small. When she told me she has three children, I told her that I also have three children. On 9th March, 2009 we started staying together," Katenga said.
The court asked Katenga whether he had paid the dowry to Mwape's parents to which Katenga said he had not but was preparing to do so. And Mwape told the court that she had ended her marriage with Mulenga because he was not keeping her well and that Katenga wanted to marry her.
"In Lusaka a local court ordered a 31 year old man to pay another man ZMK4.5 million (US$900) as compensation for adultery. Senior local court magistrate Kalunga Chansa ordered Gibon Katenga of State lodge Township in Lusaka to compensate Lombe Mulenga 32 of Bauleni Township for committing adultery with his wife Grace Mwape, 23.
Mulenga told the Chilenje local court that he and Mwape got married in 1999 and have three children. Mulenga said on January 8, 2009 Mwape ran away from her matrimonial home. She went to live with Katenga. Mulenga said he learned that Mwape was with Katenga on January 30, 2009.
"I went to Mwape's father and told him that she had run away from home. Her father told me that he would inform me when he found out where she was," Mulenga told the court.
Mulenga testified that when he confronted Mwape at her workplace, she told him that he should ask her father why she left home. He said they went together to her father where he (Mwape's father) told Mulenga that their marriage had ended. Mulenga said the following day, Mwape's father collected all goods from the couple's home while he was at work.
"On January 31, 2009 I found Katenga with Mwape at the bus station at 20.00hours and I asked him why he had taken my wife away from me leaving the children to suffer. While we were discussing Mwape's father came and asked her to leave. She went with katenga in a van," Mulenga said.
In his testimony, Mwape's father, Clement Mwape said Mulenga had been her daughter's husband, but he terminated the marriage because he was not taking good care of her. He said Mwape went to leave with her elder sister and he did not know Katenga.
In defence katenga said he met Mwape when she was returning for work. She told him that she had divorced her husband and she was staying with her sister.
"As our relationship grew mwape complained that the house she was staying in was small. When she told me she has three children, I told her that I also have three children. On 9th March, 2009 we started staying together," Katenga said.
The court asked Katenga whether he had paid the dowry to Mwape's parents to which Katenga said he had not but was preparing to do so. And Mwape told the court that she had ended her marriage with Mulenga because he was not keeping her well and that Katenga wanted to marry her.
Global downturn and commercial sex
Commercial sex workers in Monze southern Zambia have reduced cost of their services to avoid losing out because of the global financial crisis. With night clubs and bars in the town deserted, the demand for sex has fallen and the few who appear in these places blame the global financial problem for their inability to use the "pay for sex" services.
Besides the shortage of patrons in the night clubs and bars has ignited feuds among sex workers in their quest for clients.
And according to Girls empowerment co-ordinator in Monze Susan Chanda sex workers who previously charged between ZMK50,000 (US$10) and ZMK100,000 (US$20) have reduced charges to as low as ZMK5,000 (US$1.0). Ms Chanda, whose organisation works with sex workers, attributes the change to the slump in the economy.
"When bars and night clubs close and are deserted after many patrons have gone sex workers accept anything between ZMK5,000 and ZMK10,000 (US$2.0)," Chanda said adding that some girls have complained to her about difficulties some men face in paying for sex services.
According to Ms Chanda sex workers previously dictated the terms of their relationship but now no longer do so.
Besides the shortage of patrons in the night clubs and bars has ignited feuds among sex workers in their quest for clients.
And according to Girls empowerment co-ordinator in Monze Susan Chanda sex workers who previously charged between ZMK50,000 (US$10) and ZMK100,000 (US$20) have reduced charges to as low as ZMK5,000 (US$1.0). Ms Chanda, whose organisation works with sex workers, attributes the change to the slump in the economy.
"When bars and night clubs close and are deserted after many patrons have gone sex workers accept anything between ZMK5,000 and ZMK10,000 (US$2.0)," Chanda said adding that some girls have complained to her about difficulties some men face in paying for sex services.
According to Ms Chanda sex workers previously dictated the terms of their relationship but now no longer do so.
More organised crimes as 4 nabbed over fake notes
Counterfeit notes have appeared in a variety of situations across Zambia. Some, as was the case in Chipata, eastern Zambia were said to have been locally produced, others in areas such as Mpulungu and Nakonde had their origins in Tanzania. Zambia Police in Nakonde finger Kenya as the source of such counterfeit notes. The Zambia Daily Mail reported in early April about the arrest of four men in Solwezi, north western Zambia with counterfeit Zambian Kwacha notes. The following is the story: FOUR people have been arrested for being found in possession of counterfeit ZMK50,000 (US$10) notes worth ZMK4 million (US$800) after they attempted to buy items at Kyawama market in Solwezi. North-Western Province deputy commanding officer, Lackson Sakala confirmed the incident. Mr Sakala said those arrested were a retrenched Kansanshi Mine employee, a son of a retired police officer and two school leavers. “We have arrested four people after they were found with ZMK4 million counterfeit money. The money was in K50,000 notes bearing the same serial number,” Mr Sakala said. He said the suspects were in custody and that police had launched investigations to establish the source of the counterfeit notes. But many such incidents have occured that have included counterfeit US$. The counterfeit note shown here was photographed from a police collection in Nakonde:
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