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.