Friday, June 05, 2009

Two fined five goats, five chickens over witchcraft

Acting chief pembamoyo has fine two people of Mthunzi village in his chiefdom five goats and five chickens each for practising witchcraft.

Chief Pembamoyo is in Chadiza district and he fined the two after fing them guilty of practicing witchcraft and involving 11 children in the act. The two were given seven days in which to pay the fine.

According to sources from the chief's palace the two confessed practising witchcraft to the traditional council that they used to take the children, mainly girls between the ages of seven and eleven to the cemetery at night where various rituals were performed.

Speaking during the traditional council meeting Chief Pembamoyo expressed sadness about the practice of witchcraft by his subjects and especially that this was extended to children. The chief said he would take the matter to Paramount Chief Kalonga Gawa Undi of the Chewa people and the government. He said the two had initiated more than 35 children into witchcraft as this was hindering their education.

Kapoko is denied bail by Lusaka court

A Lusaka magistrates June 5 denied ministry of health civil servant Henry Kapoko bail and remanded him in custody. Magistrate Kenneth Mulife denied Kapoko bail because he was about to flee the country at the time he was arrested by investigators. The magistrate said the attempt happened before Kapoko engaged his lawyers.

Kapoko is facing a charge of obtaining K1.9 billion (US$380,000) by false pretences. He is likely to face more charges as the funds involved are in excess of ZMK27 billion (US$5,400,000). The magistrate told Kapoko he was free to appeal against the ruling.

Two opposition parties get to gether for 2011 elections

Two opposition parties have agreed to work together to provide more effective checks and balances to the MMD Government. In a joint statement by Patriotic Front president Michael Sata and United Party for National Development president Hakainde Hichilema in Lusaka June 4, the two leaders said the parties would work together at all levels on all matters of national importance.

The two political parties are also demanding early presidential and parliamentary elections.

“We have therefore started a long and difficult march in the same direction, not as one organisation but as two giants in Zambian politics,” they said.

The two leaders said their political parties were the only representatives of the majority of the Zambian people. They alleged that the MMD had in the past taken advantage of the differences within the opposition "to entrench bad governance and massive inefficiency".

The two leaders said the suffering of the Zambians would not end under the current Government and they were responding to the loud and growing appeal from party members and the general public. They said they would lay groundwork for an effective, accountable, efficient and pro-poor government to replace the MMD.

But MMD deputy national secretary, Jeff Kaande, said the MMD was not scared of the PF and UPND working together because the MMD had become stronger. However, Kaande said the PF and UPND could even merge with other political parties but the MMD would still beat them in the 2011 elections. He said calls for early elections were "wishful thinking" because the country would only hold presidential and general elections in 2011.

“That is just politicking. They are just entertaining and pleasing themselves because they have no power to call for early elections,” Kaande said.

The two parties tried to forge an election pact in 2008 but failed. In 2006 the PF had an election pact with Sakwiba Sikota's United Liberal Party which did not succeed.

No rift between investigation units says ACC

Anti-Corruption Commission acting director general, Roswin Wandi says more arrests are expected and additional charges will be effected on Ministry of Health employees suspected to be involved in the alleged theft of K27 billion. She says the inquiry has recorded substantial progress that will result in more arrests and additional charges.

Speaking at a press briefing in Lusaka June 4 Wandi says the nothing will divert the attention of investigative team from getting to the root cause of the financial scam.
She advised members of the public to desist from making statements that are likely to be prejudicial to the investigations and added that people with information relevant to the inquiry should present it to the three enforcement agencies.

She said the joint command is confident that, with the input of all the law enforcement agencies, the inquiry will be handled professionally to its logical conclusion and also added that contrary to some media reports, there is no division among the three law enforcement agencies in the manner the inquiry is being managed.
Wandi said the management of the joint inquiry is saddened by a report in The Post newspapers regarding assertions of frustrations among ACC officers in the manner the investigations at the Ministry of Health are progressing.

“Following this report, we wish to clarify that this is a joint investigations by the DEC, ACC and Zambia Police Service and there is no division among law enforcement organs in the manner this inquiry is being managed. Whatever the source referred to as hijacking the inquiry is not correct as all agencies have responsibilities within their mandate. Therefore, no single agency can lay claim to the inquiry and it is not correct to talk about officers when it is one or two disgruntled individuals,” she said.

Wandi said all the three enforcement organs are working together and that all officers are taking part in the joint briefings and will continue to operate in that manner. However, she warned officers on the inquiry to observe standing instructions on communication of information through established channels. She said any information on the investigation will be released through the joint command post.

She said the Zambia Police Service has been selected to issue statements in consultation with other two law enforcement agencies on the investigations.
Wandi warned officers who will be found releasing irresponsible statements to the media will be dealt with accordingly.

And Commissioner of Police, Graphael Musamba says all dockets that will arise from the investigations will be forwarded to the Director of Public Prosecutions for quality control. He said dockets that will arise from the investigations will be handed over to the DDP before the joint investigative team can proceed with the cases.

Musamba dismissed media reports that former permanent secretary in the Ministry of Health, Simon Miti has been arrested or detained by the police.
“Nothing of this sort has happened. Rather he was just brought in for questioning and should anything be decided on him, the public will be informed,” he said.

Thursday, June 04, 2009

Now Zambian Government says it will appeal to the Chinese over woman's death sentence

GOVERNMENT says it will appeal to the Chinese authorities to allow Mary Musiyalike, the Zambian woman facing a death sentenced to serve a jail term instead of being executed.

Tens Kapoma, ministry of foreign affairs permanent secretary says Government will do its best to rescue Musiyalike from the death sentence. He said June 3 that although drug trafficking is a serious offence, Government will always protect its people to some extent.

“We are going to do our best as Government on behalf of Musiyalike to ensure that she is not executed although it’s not a guarantee that the Chinese government will grant us that,” he said.

Kapoma said China and Zambia have continued to enjoy cordial relations and that it is imperative for the Zambian government to petition the case.

When asked if it is possible to have Musiyalike extradited to Zambia, Kapoma said everything is in the hands of the Chinese government and it is premature to disclose that information.

Zambia Union of Journalists Petitions the Chinese over woman's death sentence

A Zambian woman, Mary Musiyalike has been convicted for drug trafficking in China, faces a death sentence. In Zambia the Zambia Union of Journalists (ZUJ) has petitioned the Chinese embassy in Lusaka asking the Chinese Government to commute Musiyalike's death sentence.

Musiyalike, 38, a business executive of Lusaka was arrested with 2.5 kilogrammes of heroin at Putong International Airport in Shanghai on December 14, 2008 and has recently been sentenced to death by firing squad after a court convicted of drug trafficking.

ZUJ president Morgan Chonya in a statement in Lusaka June 3 said Zambia and China had enjoyed very warm and cordial relations over the years.

“We appeal to the Republic of China Government to commute the death sentence of Mary Musiyalike. The two countries have long bonds of friendship that should count for something. We therefore call on our comrades to revisit the verdict,” Chonya said.

He said ZUJ was dismayed by the statement that the Zambian convict would be put to death through a firing squad at a date known by the prison authorities. He said the statement was traumatising to the victim’s family and the Zambians at large.

However, Chonya also said it was the responsibility of the Zambian Government to ensure that every Zambian abroad received fair trial and felt safe as well as protected whether they were convicts or not. He called upon the Ministry of Foreign Affairs to ensure that the victim was extradited and served her term here in Zambia.

Health ministry civil servant appears in court, pleads not guilty

Henry Kapoko, the civil servant behind the money scam at the ministry of health has appeared in court June 3 and pleaded not guilty to one count of obtaining money by false pretences amounting to K1.9 billion. Kapoko, a human resources manager at the ministry appeared before chief resident magistrate, Charles Kafunda, before the case was re-allocated to Lusaka magistrate Kenneth Mulife where plea was taken.

Kapoko, 36, between January 22 and February 28, this year while acting with other persons unknown, with intent to defraud the Ministry of Health, allegedly purported to have ordered and shipped 50,000 mother baby kits worth K1, 989,000,000 when, in fact, this was not the case.

After plea, Kapoko’s lawyers Nicholas Chanda and Kelvin Bwalya applied for bail. They said their client was a Zambian who was married with fixed abode, still employed by the Ministry of Health and entitled to bail.

But divisional prosecutions officer, Frank Mumbuna objected to the bail application, saying Kapoko could not be trusted as police officers only managed to arrest him a few minutes before he was about to leave the country. He said one of the conditions to sustain the bail application was the possibility of Kapoko availing himself to the court but this was not the case because the accused could not be trusted.

“It took 10 days for the police to locate Kapoko and it is a pity that the defence are not aware about this. The investigations team went to his home in Woodlands but nobody knew his whereabouts. Even his uncle expressed ignorance,” he said and added that the arresting officer only traced Kapoko when the accused made a telephone call to his best friend.

But Chanda said there should be no fear of fleeing because Kapoko’s passport had been submitted to the investigations officers and he would abide by the instructions set by the court.

“Our client is merely facing allegations until proven guilty by a competent court. Our prayer is that you proceed with your discretion since Kapoko is innocent as at now unless the State proves that he is guilty,” Chanda said.

He said the police had no difficulties in locating Kapoko who would always avail himself when needed.

Mr Chanda said it was not true that the State had difficulties in locating Kapoko but that it was police who were not ready to arrest his client as he had been detained since Saturday last week and was only charged on Tuesday.

He said police officers only charged Kapoko under pressure from somewhere and challenged them to start trial and not to concentrate on incarceration.

Mr Mulife reserved ruling for Kapoko’s bail application to tomorrow to allow him time to look at the submissions by both the State and the defence lawyers, which he said, were lengthy.

And after court proceedings, Kapoko was whisked away i

Dora's saga in counter court action from Harrington

The Dora Siliya saga in which she is seeking a judicial review of the Dennis Chirwa Tribunal findings has a new twist. Former Communications and Transport minister, William Harrington has also applied for an order to quash the tribunal findings clearing Dora Siliya of any wrongdoing in the RP Capital Partners deal. In a counter claim filed in the Lusaka High Court, Harrington says the decision of the tribunal clearing Siliya under the Parliamentary and Ministerial Code of Conduct Act was illegal and unreasonable.

Harrington has joined the Siliya judicial review as intervenor challenging the tribunal findings that she breached the Constitution. In seeking an order of certiorari, Mr Harrington said the decision of the tribunal was contrary to the proper interpretation of Section 4 (a) of the Parliamentary and Ministerial Code of Conduct.

Harrington argues that the decision was against the weight of the evidence and the tribunal’s finding of fact that RP Capital Partners went to the ministry through Siliya. He further states that Siliya helped RP Capital Partners in securing the contract and that through her conduct, the firm would now directly earn a base fee of $2 million.

Harrington is represented by Ellis and Company, Permanent Chambers and Kabimba and Company. Lusaka High Court Judge Justice Phillip Musonda gave the parties up to June 8, this year to file their submissions.

Woman claims cruelty in seeking divorce

A 34-YEAR-OLD woman told a local court in Lusaka that her husband taught her beer drinking with sugar added to withstand its bitter taste. Teliya Banda of Lusaka’s Bauleni Township has sued for divorce her husband, Handsen Mwanza, 44, alleging he was cruel. The two got married in 1999 and have one child.

Banda told the Chilenje local court that she lived well in the marriage for only two years after which Mwanza got out of formal employment and stopped providing for the home.

“When Mwanza gets some money through casual jobs, he goes to drink beer,” she said.

Banda said that she used to get some maize from her parents and use some of it for grinding into mealie-meal and the rest of it for making kachasu, an illicit spirit, which she sold to earn some money. She said that whenever Mwanza returned home and found a meal of vegetables, he would beat her. She told the court that she wanted to divorce Mwanza because he beats her virtually everyday, and often in public. She said that she had medical reports to prove her statement. She also said that Mwanza has told her that he doesn’t love her and that he one time tried to throttle her.

“In March 2009, he beat me and chased me from home, saying that he wanted to marry another woman. He even tore my clothes. His relatives are also fed up of him. He can’t even buy a candle. When he has money he goes to drink beer and would have his lunch at the market. I left the matrimonial home on March 31st 2009 and he has never followed me,” Banda said.

In cross-examination, Banda said that she found Mwanza having a meal in the market on two occasions. Asked by the court if she would not consider giving Mwanza another chance, Banda said she couldn’t.

“Mwanza can’t change because every time he beats me he says he will kill me,” Banda said.

In defence, Mwanza said that Banda had become a drunkard and that she left home after they fought over a radio she broke while drunk. He said that Banda was now often in the company of women drinking beer in taverns. In submission, Banda said that it was Mwanza who got her into the habit of drinking beer.

Passing judgment, senior presiding magistrate Irene Mundia, sitting with senior court magistrate Kalunga Chansa, said that Mwanza was cruel to Banda and yet he was the one who introduced her to beer drinking.

The court granted divorce without compensation, but Mwanza is to maintain his child through a monthly payment of K100,000.

Woman seeks divorce because of HIV stigma

A WOMAN of George Township in Lusaka has asked for divorce in a local court alleging that her spouse has neglected her since she was diagnosed HIV-positive.

Esther Zulu, 45, told senior presiding magistrate Elipher Mwewa that since 2008 when she learnt of her HIV positive status, her husband, Dickson Phiri, 48, stopped providing for her materially. She said when she fell ill in 2008, she had an HIV test which revealed that she was positive. She said it was hard for her to break this news to Phiri but that when she eventually did, he received the information with negativity. She said during the same period, her father died and Phiri gave her only K70,000 to assist with transport.

Zulu, who was married as the seventh wife in 1975, said when she returned from the funeral home, she found that Phiri had reconciled with his first wife whom he married in 1972.

“I do not have any child with Phiri but we both have a child each from our former spouses. His relatives whom he had told of my status advised him to leave me,” Zulu said.

Zulu said Phiri had emotionally tortured her and she wanted the court to grant her divorce. She said although the initial years of their marriage were rough and hard, the two struggled to earn what they have today.

“I know that my husband wants me to leave the house empty-handed because I did not give him any children, but I worked for the house in which he wants to live with his first wife, who did nothing to gain what we have,” she said.

In defence, Phiri said when he married Zulu, she found him with a house already built by his parents. He said Zulu did not tell him about her HIV-positive status but he first about this from other people. He said because of her desire for the house, Zulu partnered with thieves to beat him up in the night when she had gone for a funeral in the neighbourhood.

“I was almost beaten to death. Police investigations revealed that my wife was behind the attack. When our respective families met, we were advised to separate,” Phiri said.

He said when her father died, Zulu went to live in the village and that she returned in February 2008 with a lot of herbs which she put in his shoes and socks.
Phiri said that when he asked her what the medicines were for, she told him that they were for business.

“I could not understand my friend any more, so in the presence of both families, I gave her K5,000 to indicate that I was ending the marriage,” he said.

The court dissolved the marriage and ordered Phiri to pay Zulu K10 million as compensation in monthly instalments of K300,000.

Wednesday, June 03, 2009

Other ministeries to be investigated as number at health rises to 32

Chief Government spokesperson and information minister Ronnie Shikapwasha says Government will extend forensic investigations of corruption to other government departments and ministries.

He said effective measures aimed at extending forensic investigations of corruption to other government departments and ministries have already been put in place. He said the move taken by Government to extend forensic investigations of corruption to other arms of government will ensure that the plunderers of national resources and perpetrators of other corrupt practices are brought to book.

He said Government, through the Anti-Corruption Commission (ACC) and other law enforcement agencies, is working tirelessly to ensure that it gets to the root cause of corruption in government. He said Government will ensure that perpetrators of corrupt practices are brought to book in a bid to ensure that there is transparency and accountability in the utilisation of public funds. Further he said Government will ensure that it fully supports the efforts taken by law enforcement agencies to clean up ministries and government departments as corruption was frustrating government efforts of attaining the goals set in the Fifth National Development Plan (FNDP) and the Vision 2030.

And a combined team of Anti-Corruption Commission (ACC) and Zambia Police officers swung into action last week and detained 32 Ministry of Health employees

RB will not shield thieves

President Rupiah Banda says he will not shield people from being investigated or prosecuted in the alleged theft of over K27 billion at the Ministry of Health. Banda says there will be no sacred cows in the investigations of corruption at the Ministry of Health and other government departments because he wants the truth to be known.

A press statement issued June 2 by special assistant to the President for Press and Public Relations, Dickson Jere says the president wants those implicated in the scam, regardless whether they are MMD members or the opposition, to be visited by the law. However, the president has appealed to Zambians to refrain from making comments that are prejudicial to the on-going investigations. He advised people with information regarding beneficiaries or individuals who were involved in the corruption allegations at the Ministry of Health to report to the relevant authorities instead of issuing unsubstantiated press statements. He said the investigations are too serious to be trivialised or politicised in light of the amounts involved.

Ministers attack Sata over lost health money

Lusaka province minister Lameck Mangani has denied Michael Sata's allegations that the MMD and its presidential candidate Rupiah Banda used Best Homes Lodge owned by Henry Kapoko. The minister says his investigations reveal that the Patriotic front had several meetings at Kapoko's lodge and that K8 million the party owed was written off by Kapoko.

And Works and Supply minister and MMD chairman for elections, Mike Mulongoti has also challenged Sata to produce evidence of how President Banda and the MMD allegedly used funds from the health ministry in its 2008 campaign.

Mulongoti said President Banda and his campaign team never used money from the Ministry of Health as alleged by Sata. He said June 2 that if Sata has evidence on the matter, he should present it to the relevant law enforcement agencies that are carrying out investigations at the Ministry of Health. He wondered why Sata did not present the matter as one of his reasons for petitioning the MMD in the Presidential elections. He said if Mr Sata has evidence that the MMD used money from the ministry for campaigns, he should have revealed that before the Anti-Corruption Commission (ACC) unearthed the K10 billion scam.

Mulongoti said as an opposition political party leader, Sata should be truthful in his statements. He said opposition political parties and the citizenry in general should allow the investigating wings to complete their work at the Ministry of Health without disruptions.