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Justice O’ Metre: Recap of cases involving politically-exposed persons, others; June, 2024

ZambiaMonitor Contributor — Sat, 06 Jul 2024 05:10:55 +0000

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

JUNE REVIEW

The month of June witnessed a political euphoria engulf the Supreme Court’s grounds when former Head of State , Edgar Chagwa Lungu, appeared before the Constitutional Court in a matter his eligibility to contest future elections is being challenged. We will review some of the interesting cases in June.

THE PEOPLE VS EDITH NAWAKWI, OTHERS

Forum for Democracy and Development (FDD) president, Edith Nawakwi, Civil Activist, Brebner Changala, Dan Pule, and Members of Parliament, Munir Zulu, and Maureen Mabongo, appeared separately in the Lusaka Magistrates’ Court and pleaded not guilty to seditious practices.

They are accused of inciting the public to revolt against the government and alleging state sponsorship of independent Petauke Central Member of Parliament, Emmanuel Jay Banda’s abduction.

Before commencement of trial in the Pule case, he requested that Magistrate Sylvia Munyinya recuse herself from handling the matter.

In his application, Pule, represented by State Counsels, Sakwiba Sikota and Chifumu Banda, expressed concerns about receiving a fair trial due to Magistrate Munyinya’s ties to Southern Province, which was central to the case.

They argued that her connection to the region might affect her impartiality given the case’s sensitivity.

Magistrate Munyinya, declined to rescue herself and asserted that mere allegations of bias without substantial evidence were insufficient. She emphasized that suspicions or apprehensions alone did not establish partiality.

The Magistrate questioned Pule’s confidence in his lawyers, who also hail from the “Zambezi region,” while challenging her impartiality.

MICHELO CHIZOMBE VS EDGAR LUNGU, AG & ECZ

Hearing of Preliminary Issues raised by former President Edgar Lungu came up before a full Constitutional Court bench on June 14. The hearing was characterised by political euphoria as hundreds of PF supporters turned up to offer solidarity to the former President.

During hearing, the State represented by Attorney-General Mulilo Kabesha, and Solicitor-General Marshal Muchende asked the court not to dismiss the petition, arguing that the issue of Lungu’s eligibility was not finalized in the previous rulings made by the court.

They contended that the matter was neither finalised nor time-barred and therefore, the petition should be heard on its merits.

However, Lungu’s legal team, consisting of Makebi Zulu and Jonas Zimba, questioned the motive behind the repeated petitions, urging the court to end what they described as an abuse of process.

They argued that Lungu should not be repeatedly summoned to court over the same eligibility issue, noting this marks the fifth time the issue had been brought before the court.

THE PEOPLE VS JOSEPH MALANJI, FREDSON YAMBA

New evidence emerged in the trial involving former Foreign Affairs Minister, Joseph Malanji and former Secretary to the Treasury, Fredson Yamba, and Malanji are charged with willful failure to comply with procurement procedures and being in possession of property reasonably suspected to be proceeds of crime, respectively.

A Congolese Magistrate, Charles Kabozya, testified in the Lusaka Magistrates’ Court that his investigation in the Democratic Republic of Congo (DRC) found that documents submitted by Malanji to support his claims of legitimate business activities in the DRC were false.

Kabozya said investigations revealed that Malanji’s company had no account with Raw Bank in the DRC and there was no trace of any business dealings between his company, Gibson Power Systems, and the Chinese companies Mass Investment Group and China Civil Engineering Construction Corporation.

RONALD CHITOTELA & 8 OTHERS VS SAMPA,NG’ONA

Nine PF MPs suffered a blow after the constitutional court dismissed their petition challenging their expulsion from the party by Miles Sampa.

The MPs whose seats were now declared vacant by the Speaker Nelly Mutti had claimed a violation of Article 60(2) and further argued that Sampa had no authority to expel them as he was illegally elected.

An 11-member bench, which included Constitutional Court president Justice Professor Margaret Munalula, her deputy Justice Arnold Shilimi, Judge Annie Sitali, and Justice Palan Mulonda, concluded that their jurisdiction did not cover the interpretation or violations of political party constitutions.

The court explained that its jurisdiction, though broad, was confined to constitutional matters as outlined in Article 128.

The court further indicated that any judgment on the matter would be void if they proceeded.

Consequently, the Court dismissed the petition.

THE PEOPLE VS SIMON SILOMBA & 2 OTHERS

The Lusaka Magistrates’ Court has committed 30-year-old wheelbarrow pusher who attempted to sell his stepchild for K150, 000 to the High Court for setenceing.

Silomba and his co-accused Martin Sichalwe, a 41-year-old security guard, and Kennedy Sichiweza, a 30-year-old businessman, pleaded guilty to the charge of child trafficking contrary to Section 3A(1) of the Anti-Human Trafficking (Amendment) Act No.16 of 2022.

The trio, on unknown dates but between March 19 and 21 this year, jointly and while acting together, obtained a four-year-old child for the purpose of exploitation.

They attempted to sell the child to a man in the Makeni area for K150, 000, but he reported the matter to the police.

DPP VS RE PROPERTY

Director of Public Prosecutions (DPP), Gilbert Phiri, commenced proceedings in the Economic and Financial Crimes Court to forfeit properties worth more than K9 million allegedly connected to a money laundering scandal involving three directors of the National Housing Empowerment Fund (NHEF).

The three directors implicated in the scandal are Lusuntha Ngulube, Kamphembele Ngulube, and Margaret Mabingo, and are accused of defrauding the public under false pretenses of selling plots between April 2020 and August 2022.

NHEF allegedly swindled individuals by advertising plots for sale at Farm No. 302A, located in the Cross Park area along Leopards Hill Road in Lusaka, and Farm No. 9819, popularly known as Emerald Park Estates in Chongwe district.

The application targets assets believed to be proceeds of crime, including funds in accounts at First National Bank (FNB), Zambia National Building Society (ZNBS), and NATSAVE, as well as 18 motor vehicles.

Drug Enforcement Commission investigation officer, Yona Siame, submitted that investigations revealed substantial withdrawals from FNB account number 62840820999, totaling K100,069,754 by Kamphembele Ngulube, K450,000 by Mabingo, and K1,205,000 by Lusuntha Ngulube.

SEAN TEMBO VS DOUGLAS SYAKALIMA

Outspoken opposition leader Sean Tembo, applied to the Lusaka Magistrates’ Court to issue a warrant of arrest against Education Minister, Douglas Syakalima, for failure to attend court sessions.

Tembo is suing Syakalima for hate speech, alleging that the minister publicly claimed that people from Luapula suffer from “poverty of the mind.”

Tembo argued this statement violates Section 65 of the Cyber Security and Cyber Crimes Act of 2021.

At the hearing before Magistrate Mwandu Sakala, Tembo acknowledged he has yet to receive consent from the Director of Public Prosecutions (DPP) to privately prosecute the case but was unsettled that the accused was not before court.

He, therefore, asked the court to issue a bench warrant to have the Minister arrested.

Defense lawyer, Clavel Sianondo, countered that without DPP’s consent, Tembo lacked the capacity to make such applications, rendering the request null.

Sianondo also cited legitimate reasons for Syakalima’s absence due to prior state commitments.

Magistrate Sakala is on July 9, scheduled to render ruling on the application.

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Justice O’ Metre: Recap of cases involving politically-exposed persons, others; May, 2024

ZambiaMonitor Contributor — Tue, 04 Jun 2024 04:33:36 +0000

MAY REVIEW

The murder case of late retired Zambia Air Force (ZAF) commander, Ronald Shikapwasha, made interesting headlines following revelations of his alleged adulterous lifestyle, earning him 12 illegitimate children.

THE PEOPLE VS RAPHAEL NAKACINDA

Outspoken opposition Patrotic front (PF) Secretary-General, Rapheal Nakacinda, spent about 12 days in prison after the Lusaka Magistrates’ Court sentenced him to 18 months for defaming President Hakainde Hichilema for a criminal offense that the president abolished in 2022.

In December 2021, Nakacinda alleged that President Hichilema had summoned judges to his residence to intimidate and coerce them into passing judgments favourable to him in legal battles with the Patriotic Front.

Magistrate Irene Wishimanga, however, said the convict’s statement was a direct assault on the judiciary.

She added: “Politicians have a tendency to deride judges and Magistrate when they pass a decision against them without exercising their mind to the decision made in the matter before court and not the executive.

“Our judiciary is an arm of the government that is supposed to be respected by everyone and that it makes decisions that are independent of organ of government.”

Nakacinda was released on K80,000 bail pending determination of his appeal against the judgement before the Lusaka High Court.

THE PEOPLE VS AMOS CHANDA

Amos Chanda, a former Presidential Press Aide in the Edgar Lungu administration, was back in prison after the Lusaka Magsitrates’ court found him guilty of stealing court documents, which he is said to have later destroyed.

Chanda was sentenced to 12 months in jail with hard labour and also fined K5,000 for destroying the case record.

It was alleged that Chanda, between May 12, 2020, and October 1, 2022, acting together with others unknown, stole a case record number CRMP/001/2020, a property of the State which he later burnt.

The missing record pertained to the matter in which the Director of Public Prosecutions (DPP) entered a nolle prosequi where Chanda was jointly charged with Intelligent Mobility Solutions Board Chairman Walid Ei Nahas and former Road Transport and Safety Agency (RTSA) boss, Zindaba Soko, for corrupt practices and possession of property suspected to be proceeds of crime.

He appealed against the judgement in the High Court and is on bail.

Chanda submitted in his five grounds of appeal, that the subordinate court misdirected itself in law when it convicted him of the offence of theft and destruction of evidence.

This was based on the fact that there was sufficient evidence tendered by the prosecution warranting the conviction

THE PEOPLE VS JANE LUSENGO

Late Zambia Air Force (ZAF) commander, Ronald Shikapwasha’s killer, his widow, Jane Lusengo, appeared in the High Court and denied committing the murder.

His daughter, born out of wedlock, Vannessa Shikapwasha, was first to testify confirming the abusive nature of her father. It was revealed that Shikapwasha had fathered 12 illegitmate children in his 46 years of marriage to Lusengo.

He was also alleged to have fathered twins in Tanzania and other children in Mozambique and Rwanda. It was also revealed that at the time of his death, a woman called Prisca Daka, aged around 71, alleged to be his girlfriend was living in the cottage.

There was also evidence by the daughter, that the accused had confessed that she may have murdered Shikapwsaha.

Vanessa also told the court that the father had confessed before dying, that the promiscuity of the accused had led to his death.

She told the court that she had never witnessed her father beating the accused but was told so by Milika, also a stepdaughter to the accused.

The court further heard that Shikapwasha never wanted his wife to move without him, to the extent of following her to kitchen parties, details Vanessa confirmed to be true.

The matter is before Judge Conceptor Chinyawa-Zulu.

THE DPP VS ESTHER LUNGU

Trial in the matter in which the Director of Public Prosecutions (DPP), Gilbert Phiri applied for the Non-Conviction Based forefeiture order of Former First Lady, Esther Lungu’s 15 double-storey flats, came to a conclusion.

The Economic and Financial Crimes Court set August as the month in which it will render judgement on the matter. According to the notice for forfeiture of the property,

Drug Enforcement Commission (DEC) senior investigations officer, Emmanuel Khondowe, contended that the former First Lady’s known income was significantly lower than the value of the properties in question.

Khondowe submitted that the former First Lady’s income and expenditure between August 1, 2012 and August 16, 2022, revealed an income of K3,104,487.14 against an expenditure of K2,511,117.09, with a variation of K593,370.05.

THE PEOPLE VS BURTLER SITALI

Former Energy Regulation Board ( ERB) Chief Executive Officer, Butler Sitali, was acquitted of corruption charges.

He was accused of corruption by offering bribes to former office assistant at ERB between July 2011 and September 2014.

Trial in the matter had reached defence and the state made an application before magistrate Sylvia Munyinya to withdraw all charges against the accused pursuant to section 88( a) of the criminal procedure code.

Sitali was alleged to have engaged in corruption by corruptly offering and giving K500 cash gratification to a public officer, Emmanuel Mengo.

Mengo is an office assistant at ERB and the money was allegedly a reward for him to obtain 45 documents from ERB for Sitali.

Among the documents were ERB financial reports, ERB board paper on the revision of board allowances dated July 2011, minutes of the 24th meeting of finance, human resource and administration board held on June 17, 2011 and ERB interim performance management board allowances for July 2011.

Others are ERB proposal to change effective date of salary adjustments- renumeration policy, July 2011, ERB 2013 telephone directory for members of stuff and agenda for the 3rd administrative board meeting of 2011 of the members of the ERB.

Sitali had denied having stolen the said documents and said his dismissal in 2011 was politically motivated.

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Justice O’ Metre: Recap of cases involving politically-exposed persons, others; April, 2024

ZambiaMonitor Contributor — Thu, 02 May 2024 06:47:47 +0000

APRIL REVIEW

It was a lucky month for the State, who managed to score some wins, with the Director of Public Prosecutions (DPP), Gilbert Phiri, being granted the order for the Non-Conviction Based forfeiture of supposed tainted properties belonging to former President Edgar Lungu’s daughter, Chiyeso Lungu.

MICHELO CHIZOMBE V EDGAR LUNGU, ECZ, AG

Former President Edgar Lungu on April 17, appeared before the Constitutional Court in a matter in which a student unionist, Michelo Chizombe, is challenging his eligibility to contest future elections. Chizombe wanted the court to reverse its decision, in which he (Lungu) was qualified to be on the ballot paper having not served two times.

Appearing before a panel of 11 Judges, the court could not proceed to hear Lungu’s Preliminary application, asking it to dismiss the matter on grounds that the matter had already been adjudicated upon thrice and reversing the decision could compromise the court’s integrity.

The motion could not be heard because the record of motion was missing, the petition and some judges found it difficult to read due to font size issues. Thus, the matter was adjourned to June session to allow Lungu’s lawyers to correct the deficiencies.

There was, however, confusion outside court, as purported students from University of Zambia, Evelyn Hone and Levy Mwanawasa Medical University staged a protest against Lungu, wearing black T.Shirts and chanting ‘No third term! No to corruption!’

DPP v CHIYESO LUNGU

The Economic and Financial Crimes Court (EFCC) ordered the Non-Conviction Based forfeiture to the State of former President Edgar Lungu’s daughter, Chiyeso’s State Lodge properties worth about K9 million.

The forfeited properties are a division of two farms with a high-cost house, four chicken runs and three flats in Lusaka’s State Lodge area, property worth K9, 375, 438.62, said to have been purchased and developed between 2013 and 2021.

The presiding bench of Judges Vincent Siloka, Ian Mabbolobbolo and Ann Malata-Ononuju dismissed Chiyeso’s defence that she bought the properties at a cost of K3 million using money gifted to her by her parents.

The Economic and Financial Crimes’ Court stated in their judgement that they would not create a dangerous precedent where people who obtain all manner of property or assets in illegitimate ways came to court with a defence merely pointing to their father’s as the sources of money for acquisition of the property without convincing evidence.

“What is of significance in applications of this kind is that the recipient when called upon, should satisfy in Court with evidence that the property was indeed given or acquired by the benevolent father without any shadow of doubt. With an aorta of evidence by the interested party that the funds used to purchase or develop the properties were given by her parents, it would not comport with common sense and good judgement for us to hold that the subject properties are free from being tainted” said the court.

THE PEOPLE v KAIZER ZULU

The Lusaka Magistrates’ Court summoned the joint investigations team to explain the status of fugitive political advisor to former President Edgar Lungu, Kaizer Zulu, who has been on the run since May, 2023.

Magistrate Mutinta Mwenya was unsatisfied with the continued report by the security agencies of failing to execute the bench warrant, after engaging Interpol.

Magistrate Mwenya summoned the joint investigations team to appear before her on May 27, and give a detailed report on the efforts made to locate the accused.

This is in a matter in which Zulu was charged with one count of conversion not amounting to theft.

It was alleged that between November 19, 2019 and March 25, 2022, in Lusaka, he unlawfully and without claim of right, did convert to his use, a motor vehicle registration number GRZ 759.

THE PEOPLE V CHILUFYA TAYALI

The Lusaka Magistrates’ Court heard that elusive out-spoken politician, Chilufya Tayali, had been placed on the Interpol list.

Tayali, president of the Economic and Equity Party (EEP) has been absconding court sessions, resulting in Magistrate Mbuywana Sinvula issung bench warrants.

Prosecutor Mulife Liswaniso told the Court that Interpol, through the regional office in Zimbabwe had been informed about Tayali.

“We are still waiting for feedback from Interpol head office in France, for the accused person to be put on red notice. We request that a bench warrant be issued so we can also inform our counterparts, Interpol, who are handling this matter. We pray that the matter be adjourned to May 29, 2024, for return of bench warrant,” he explained.

In this case, Tayali is charged with expressing or showing hatred, ridicule or contempt for persons because of race contrary to Section 70(1) of the Penal Code Chapter 87 of the laws of Zambia.

It is alleged that the accused on January 26, 2023 in a live broadcast on his Facebook page handle, ‘EEF President Chilufya Tayali,’ uttered the words “us Bembas are useful idiots”, expressing or showing hatred, ridicule or contempt for Bemba people because of tribe and place of origin.

THE PEOPLE V GIVEN LUBINDA

Former Justice Minister, Given Lubinda, was acquitted on charges of being in possession of property suspected to be proceeds of crime.

On April 18, 2024, the Lusaka Magistrate Court acquitted Lubinda of corruption charges, noting that the prosecution had failed to meet the burden of proof.

“I find that the prosecution has failed to discharge the burden of proving the ingredients of the offence charged in all the four counts for the balance of probabilities and I find the accused not guilty in all the four counts of the offence of being in possession of property suspected of being proceeds of crime. The accused is acquitted accordingly,” Magistrate Stanford Ngobola ruled.

ALUMEN FABRICATORS V SEDRICK KASANDA

Lusaka businessman, Sedrick Kasanda, currently in detention for aggravated robbery linked to the gold scandal, was ordered by the Lusaka High Court to pay the company that worked on his Ibex Hill residential house, the outstanding debt of US$15,000.

Judge Elita Mwikisa entered judgement in favour of Alumen Fabricators after Kasanda failed to enter appearance and defence in the matter.

The company was contracted to install aluminum windows doors and glass in 2021, at a total cost of $60,000.

DPP V RE PROPERTY

Global Express T77WSS Jet, used in the Kennth Kaunda International Airport (KKIA) was returned to its owners, World Aviation Sinai International Mountains Limited and Ibis Air PTY Limited.

This was after the DPP and the owners entered into a consent order.

Egyptian Michael Botros surrendered the US$5 million from the same scandal to the state.

The parties further agreed on the other properties seized comprising of 602 pieces of brass pellets (a combination of Copper and Zinc metals, weighing 127.28 kilograms purported to have been valued at about US$7,636,800 from Zambia to Egypt.

THE PEOPLE V BEST MIYOBA

Best Miyoba, a gardener of Lusaka’s Makeni area, but originally from Gwembe district was jailed 80 months for stealing two 25 kilogramme bags of Eagles roller mealie meal from Shoprite Stores at Cosmopolitan Mall.

Lusaka Magistrate, Allan Kangwa, found Best Miyoba, 34, guilty of theft of the two bags worth K378 from Shoprite Stores.

He was admonished for pleading ignorant by claiming that it was his first time entering the chain store, so he did not know the pay points

“If I do not punish you, another person will adopt your strategy of stealing and claiming not to see the tills in Shoprite,” said the Magistrate.

THE PEOPLE V ELIAS MUSYANI

Socialite, Kidist Kifle, sued businessman Elias Musyani in the Lusaka Magistrates] Court for cyber bullying and hate speech for allegedly referring to her as a prostitute, and threatening to rape her.

Kidist, who is also wife of Zambian musician, Elton Mulenga, popularly known as Yo Maps, alleged that Musyani also threatened to abduct their infant daughter in one of his Facebook postings.

She added that the accused in one of his posts threatened her husband, Yo Maps and insulted her mother.

Musyani is facing four counts of harassment utilizing electronic means contrary to Section 69 of the Cyber Security and Cyber Crimes Act, 2021.

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Justice O’ Metre: Recap of cases involving politically-exposed persons, others; March, 2024

ZambiaMonitor Contributor — Fri, 05 Apr 2024 06:57:45 +0000

MARCH REVIEW

This month witnessed various judgements and rulings, with the sentencing of Longwe Ngosa to seven years imprisonment for assaulting her four-year-old step-son, having received a loud cheer from the public.

The People vs Batuke Imenda

Lusaka Magistrate, Nsunge Chanda, was left with no option but to dismiss the complaint against UPND Secretary-General, Batuke Imenda, accused of propagating hate speech by calling Catholic Archbishop Alick Banda, the ‘Lucifer’ of Zambia.

This is a matter commenced by Patriots for Economic Progress (PEP) party president, Sean Tembo, against Imenda.

But proceedings were cut short before Imenda could even take plea as the Director of Public Prosecutions (DPP), Gilbert Phiri, had maintained his refusal to grant the complainant consent to privately prosecute the accused.

It was alleged that on May 28, 2023, Imenda at a press briefing and in a widely circulated audio did utter that the Lusaka Archbishop Banda was the Lucifer of Zambia.

He contended that the said statement by the ruling party’s Secretary-General constituted hate speech against the Archbishop.

The DPP in his letter refused to authorize the private prosecution saying he had not seen any evidence showing that Imenda had used a computer system when he committed the alleged offence as required by Section 65 of the Cyber Security and Cyber Crimes Act No.2 of 2021 of the Laws of Zambia.

The opposition leader replied and enclosed a Flash drive with video evidence clearly to demonstrate that Imenda used a Computer System when he committed the alleged offence.

He had also informed the DPP that he had four witnesses ready to testify in court that the accused did utter hate speech and used a computer system to do so.

The DPP, however, declined to grant the consent to have the ruling party’s top man privately prosecuted.

Macpherson Chanda & two others vs ACC

Former ZamPost Master-General, Macpherson Chanda, suffered two set-backs last month in his fight for innocence and freedom.

The month began with the High Court, under the Economic and Crimes division, upholding Chanda’s two years jail long for theft by public servant involving K300,000.

Chanda was jailed together with two ZamPost directors, Best Mwaiche and Isaac Kamwimba

The Court held that Ndola Magistrate Court was on firm ground to have found them guilty of diverting Social Cash Transfer funds into a fixed deposit account for purposes of accruing interest without consent from the Ministry of Community Development.

The Superior Court, however, directed he should not pay the K335 million statutory debt ordered by the lower court, but ought to be assessed by the Deputy Registrar to ascertain the amount payable and that should be paid by ZamPost . This is because the trial magistrate did not clearly state how she arrived at the said statutory debt, adding that the accrued interest from the principal amount was maintained by Zam Post and the trio.

The trio appealed against the said judgement in the Court of Appeal.

On March 28, he suffered another set-back when the Economic and Crimes court declined to grant him and his co-accused bail pending determination of the appeal.

The application reportedly lacked merit, thus, the refusal by the court to grant the three bail.

The court observed that the applicants had failed to show to court the exceptional circumstances to grant them bail.

The panel had Judges Pixie Yangailo, Vincent Siloka and Ann Malata-Ononuju.

The People vs Longwe Ngosa

Wife of a Zambian Army officer, Longwe Ngosa, was slammed seven years simple imprisonment for assaulting her step-son using a knife and a shamboko(whip).

The 29-year-old wept in Court after Lusaka Magistrate Mutinta Mwenya found her guilty of one count of assaulting a child.

According to the boy’s testimony, Ngosa would beat the victim whenever he urinated on himself.

A medical doctor had confirmed to the court that the bruises on the boy were as a result of physical abuse and was also malnourished.

In defence, Ngosa told the court that she was a loving mother to the boy and stated that the scars on his body were as a result of bed sores.

Magistrate Mwenya found Ngosa guilty and sent her to jail for seven years.

The DPP vs Tasila Lungu

The Economic and Financial Crimes is on April 19, 2024 , expected to render judgement in a matter where the DPP is seeking forfeiture to the state of ex-president’s daughter Tasila Lungu.

The court announced the judgement date in their ruling of Tasila’s Preliminary issues. In a ruling delivered by Justice Vincent Siloka, the court dismissed preliminary Issues raised by Tasila, daughter of former President Edgar Lungu.

Among the issues which she raised was whether the DPP can sue or be sued and that since he had no legal capacity to sue, the Economic and Financial Crimes Court had no jurisdiction to hear the forefeiture proceedings.

“In conclusion we find that all the preliminary issues raised are bereft of any merit and are dismissed. Consequently and following our directive at the last hearing that if we dismiss the preliminary issue, we shall proceed to render Judgment based on the record before us as the substantive matter is unopposed,” he said.

The property in question is in Sinda district of Eastern Province and said to be valued at K8 million, suspected to have been acquired through proceeds of crime.

DPP vs Esther Lungu

Proceedings before the Economic and Financial Crimes Court in a matter where the DPP wants former first lady, Esther Lungu’s 15 flats in State Lodge , were stayed by the Court of Appeal.

Before proceedings could advance, the lower court three-member panel of Judges; Yangailo, Ian Mabbolobbolo and Vincent Siloka, received an exparte order staying the proceedings .

The former first lady raised five grounds of appeal among others, that the EFCC erred in law and in fact in failing to pronounce itself on the appellant’s notice of motion to raise objection on the contents of the Respondent’s affidavit in opposition to the said or set aside for irregularity.

The People vs Joshua Banda

Former High Court Judge, Joshua Banda, was a free man after the Lusaka Magistrates’ Court discharged him of two counts of corrupt transactions.

Banda had pleaded not guilty to the charges and when the case came up before Lusaka magistrate Idah Phiri on March 27, Anti-Corruption Commission prosecutor Virginia Tembo informed the court that instructions were issued to discharge the accused.

It was alleged in count one that the ex-adjudicator between July 1 and 31, 2020, in Lusaka, corruptly solicited for K130, 000 gratification from David Mwanza, the Under-Sheriff in the Judiciary, as an inducement in order to assist the said David Mwanza to have a favourable decision in a tribunal relating to the collection of K8, 000, 000 from Mopani Copper Mines, a private body.

In count two, it was alleged that on the said dates, Banda received a K63, 000 as gratification from Mwanza in order to assist him have a favourable decision in a tribunal relating to the collection of K8, 000, 000 from Mopani Copper Mines, a private body.

The People vs Patson Tembo & six others

At the height of reports of albino’s being killed for rituals, seven suspected people appeared before the Lusaka’Magistrates Court for for allegedly trafficking a 21-year-old female albino.

The seven are Patson Tembo, 60, Moses Banda, 25, Jackson Zulu, 44, Andrew Kabali, 37, Emmanuel Mwanza, 29, Richard Moonga, 27, and Daniel Mwanza, 38.

They are charged with two counts of trafficking. In count one, the seven are charged with conduct facilitating trafficking in persons, contrary to Section 71(b) of the Anti-Human Trafficking Act Number 11 of 2008 of the Laws of Zambia. It is alleged that on February 8, 2024, in Lusaka, they facilitated human smuggling.

In the other count, they face charges of prohibition of trafficking in persons, contrary to Section 3(1) of the Anti-Human Trafficking Act Number 11 of 2018 of the Laws of Zambia.

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Justice O’ Metre: Recap of cases involving politically-exposed persons, others; February 2024

ZambiaMonitor Contributor — Tue, 05 Mar 2024 05:06:46 +0000

February Review

The shortest month on the calendar was a hive of activities in the pursuit of justice, registering one of the most captivating convictions and sentencing, the sending of former Police deputy Inspector-General Charity Katanga to prison.

The People vs Charity Katanga

Known as one of the toughest female police officers, Katanga was on February 19 found guilty and sentenced to three years simple imprisonment for being in possession of 26 Higer Buses worth K26 million, and K1.5 million from the account which received money from the said properties.

Lusaka Chief Resident Magistrate Davies Chibwili held that Katanga had failed to provide proof of how she obtained money to buy such properties and discounted the testimony of her uncle that he lent Katanga money.

Magistrate Chibwili said Katanga had put a stain on the uniform and the police service as she was chasing criminals when she too was one.

“It is important to pass a sentence that will send a clear signal to those of us in positions of responsibility to be honest and act appropriately in our offices. Because after been caught, the fall from grace is much harder than for an ordinary citizen,” he said.

Katanga, however, appealed to the High Court against the sentence while the Director of Public Prosecutions DPP, applied for the forfeiture to the State of the properties for being tainted.

Last Thursday, she was granted K100,000 in her own recognisance and two working sureties K500,000 each in their own recognition.

The People vs Francis Muchemwa & others

Francis Muchemwa, alias Commander 2, had his application asking to allow him temporal stay or squat in his house until conclusion of the criminal matter, thrown out by the Lusaka Magistrate Court.

Magistrate Chibwili in his ruling on the application said humanity cannot be used to blind ‘criminality’ in criminal proceedings.

Muchemwa had begged the Court to allow him squat in one of his house as he was homeless.

“We are concerned with the law and procedures in criminal proceedings and thus humanitarian considerations can not be invoked or be allowed to mask or interfere with the proceedings. The defence’s application is accordingly dismissed,” he said.

In this matter, Muchemwa and his companies, Friltech Zambia Limited and Altitude Properties are charged with six counts of possessing tainted property worth over K12 million and obtaining money through pecuniary advantages.

The People vs Batuke Imenda

The UPND Secretary-General, Batuke Imenda suffered a setback in his quest to stop his prosecution for hate speech when the Lusaka Magistrates’ Court declined to dismiss the matter where he is accused of referring to Catholic Archbishop Alick Banda as “the Lucifer of Zambia”

Magistrate Nsunge Chanda said the case commenced by PeP leader, Sean Tembo, was properly before the Court in accordance with Section 90 of the Criminal Procedure Code (CPC).

Magistrate Nsunge thus dismissed the application.

Imenda is expected to take plea this month should the Director of Public Prosecutions (DPP) Gilbert Phiri grant consent to Tembo to prosecute the matter.

The DPP in a letter dated January 15, 2024, refused to grant president Tembo permission to privately prosecute the accused.

Tembo in his complaint stated that on May 28, 2023, Imenda at a press briefing which was also streamed on various online platforms, did utter that the Lusaka Archbishop Banda was the Lucifer of Zambia.

He contended the said statement by the ruling party’s Secretary-General constituted hate speech against the Archbishop.

“That the conduct of the accused is criminalised under Section 65 of the Cyber Security and Cyber Crimes Act no.2 of 2021 of the laws of Zambia,” he said.

Mwaba Mwangata vs Edgar Chagwa Lungu

An interesting debt complaint was filed against former President Edgar Lungu, in which he is alleged to have failed to pay for campaign materials worth K336,000.

Happy Mwaba Mwangata had sued the former President in the Lusaka Small Claims Court to compel him to pay the debt.

Mwangata stated that during the 2016 general elections he supplied campaign materials which included branded caps and wrist watches to the then PF Presidential candidate, Lungu, valued at K336,000.

He claimed several attempts to collect the debt from the defendant during his tenure as President and after he left had proved difficult as he has constantly been blocked by Lungu’s side, Chanda.

Christopher Mvunga vs Miles Sampa

Former Bank of Zambia (BoZ) Governor, Christopher Mvunga, sued Miles Sampa, demanding K100 million for alleging that he released money from the Central bank claimed to have been found with Lusaka Journalist Faith Musonda.

Mvunga contended in a statement of claim filed in the Lusaka High Court that the Matero Member of Parliament accused him of being dishonest, corrupt and incompetent, which had affected his reputation in society, especially in the financial industry.

In 2021, the State seized K65 million cash and US$57 found at the house of Lusaka Journalist, Musonda.

Sampa, a former Finance Deputy Minister on January 29, 2024, was alleged to have maliciously published on his Facebook Page which has more than 750 followers, an article titled “FORMER BANK GOVERNOR ORDERED WITHDRAW OF CASH GIVEN TO FAITH MUSONDA” and mentioned the plaintiff by name in the article.

But Sampa denied defaming the plaintiff arguing that the latter being a public figure was not immune to public accountability and scrutiny.

Sampa contended that his statement was a fair comment on a matter of public interest and asked the Lusaka High Court to dismiss the case for irregular.

Milingo Lungu vs Attorney-General, Administrator- General

Former Konkola Copper Mine (KCM) Provisional Liquidator, Milingo Lungu, discontinued the matter in which he was challenging the lifting of his immunity from prosecution, out of court.

Last November, the Constitutional Court adjourned to February, 2024, to allow the Petitioner, the Attorney-General and the Administrator-General engage in an excuria settlement .

Milingo had now filed a notice of discontinuce into court, stating that the parties had agreed to settle the matter outside court.

“That given the happenings in this matter, it is my considered view that this matter be taken out so as to allow parties discuss its resolution away from court,” he said.

ZCCM-IH vs KCM, Vedanta Resources

The Lusaka High Court granted KCM Court to convene meeting of creditors to consider a scheme of arrangement aimed at saving the mining firm from complete insolvency.

Konkola Copper Mines (KCM) is set to meet creditors to save Zambia’s largest copper mine from complete insolvency .

Provisional Liquidator, Celine Meena Nair, in her submissions to the High Court stated that during the subsistence of the provisional liquidation and under the care of her predecessor, Milingo Lungu, the mines’ financial standing deteriorated.

Nair said KCM’s actual debt as at December, 2023 was in the region of US$4,183,488,281.37 but expected to rise to approximately US$4,303,746,454.82 by March, 2024.

She pleaded with the Court to grant the exparte order to allow KCM to enter into negotiations with its creditors to enable it service the debts over a period of time.

Nair said this would save KCM from collapsing completely.

She submitted that maintaining the company as a going concern would be in the best interests of all stakeholders.

Gerald Sinkamba vs Attorney-General

An interesting case was filed in the Lusaka High Court in which a businessman of Mandevu compound sued the Attorney-General claiming K17 million for false imprisonment and contraction of HIV while in custody.

He stated in his claim that he was arrested on February 2 ,2022, on charges of aggravated robbery and was in detention till July 13, 2023, when he was acquitted by the court.

He claimed that it was during the period of detention that he contracted numerous diseases, among them, Tuberculosis, HIV and Anemia and was admitted at University Teaching Hospital.

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The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; February 2024 first appeared on Zambia Monitor.

Justice O’ Metre: Recap of cases involving politically-exposed persons, others; January, 2024

ZambiaMonitor Contributor — Mon, 05 Feb 2024 07:34:40 +0000

JANUARY REVIEW

The first month of 2024 started with interesting sentences of two social media vloggers, Simon Mwewa Chitambala and opposition party leader, Chilufya Tayali.

The People vs Sedrick Kasanda and three others

Lusaka businessman, Sedrick Kasanda, and three others were rearrested immediately after a nolle prosequi had been entered in a matter they were accused of obtaining money by false pretense and money laundering involving about US$500,000.

The police later charged him and three others with seven counts of obtaining money by false pretence and possession of property suspected to be proceeds of crime.

The suspects were slammed with another charge of fraudulent dealing with metals or minerals.

Kasanda is jointly charged with businessmen, Dominic Twinjika and Treasure Malandala and a company known as Luwowoshi Mining Limited, to which they pleaded not guilty.

They were initially charged with six counts of obtaining money by false pretences and money laundering, to which they had pleaded not guilty.

The suspects are accused among other counts of duping a South African, Anton Russell, and obtaining US$72,160 by pretending that they would sell him 82-kilograms of gold.

It was also alleged that the accused within the same period jointly and whilst acting together, acquired and used US$522,165 deemed to be proceeds of crime.

The People vs Simon Mwewa Chitambala

Social media blogger, Simon Mwewa Chitambala, had a brief interaction with inmates in Mwembeshi, after Lusaka Magistrate Court sentenced him to six months imprisonment for malicious damage to property.

Magistrate Fine Mayambu found Chitambala guilty of maliciously damaging tyres of a Toyota Hiace vehicle belonging to a complainant Ricky Nyimbili.

On June 2, 2023, Nyimbili had parked his mini bus on Kalusha Bwalya road waiting for his turn to load passengers.

The convict used a sharp instrument to deflate two tyres without saying a word to the complainant.

Chitambala was, however, out on K20,000 bail pending determination of his appeal against the conviction and sentence to the High Court.

In his appeal, Chitambala argued that the prosecution had not produced any proof as the person to have deflated the tyres of the Hiace bus.

The People vs Chilufya Tayali

Economic and Progress Party (EPP) president, Chilufya Tayali, spent some hours in incarceration after he was sentenced to a fine of K20,000 or in default nine months imprisonment by Lusaka Magistrate, Idah Phiri, for assualt on a police officer.

Tayali, 48, was convicted of a single count of assault on a police officer contrary to section 250(b) of the Penal Code Chapter 87 of the Laws of Zambia.

Tayali was said to have thrown a flask bottle at number 51391 Woman Constable, Melody Malama, a police officer employed in the Zambia Police Service during the execution of her duties at Chilenje police station.

Tayali’s wife, Tsega, had reportedly brought food for her husband in custody and was requested by the officer to taste it as a procedure when someone brings food for the suspects in custody.

It was said that Tayali got annoyed and stated that his wife could not poison him, he thereafter got the food, threw it on the floor and later picked a flask bottle and hit the female officer on the face.

She reportedly sustained a swollen and painful face.

Magistrate Phiri found Tayali guilty of the offence and sentenced him to a fine of K20,000 to be paid the same day or in default nine months imprisonment.

Tayali who had pleaded for leniency as he was a husband and breadwinner managed to pay the fine.

The People vs John Nundwe

Renowned Lusaka clergyman, John Nundwe, alias Bishop John General, appeared twice at the Lusaka Magistrate Court for allegedly raping a married woman of his church.

Nundwe, overseer of Miracle Impact Ministries International in Matero Township failed to take plea January 8 and 11, as the indictment was not available.

He, however, had his bond extended.

It was alleged that on November 24, Bishop John General had gone to the victim’s home to pray for her following miscarriages but instead raped her.

According to the police report, the incident happened between 13:00 hours and 14:00 hours in Kahale area .

In the company of another man, suspected to be his bodyguard, the accused told the victim that he wanted to check all the rooms of the house.

However, when he reached the matrimonial bedroom, he allegedly forced himself on the woman while reportedly pointing a gun at her.

The husband to the victim arrived and greeted the suspected bodyguard who sat in the living room and proceeded to the bedroom where he caught the Bishop having carnal knowledge of his wife.

Upon noticing the presence of the woman’s husband, Bishop John General allegedly ran outside naked and managed to jump the wall leaving all his clothes, a cell phone and a motor vehicle, Chrysler Registration number BCD 372.

Sean Tembo vs Batuke Imenda

Progress and Economic Party president, Sean Tembo, had his request to privately prosecute UPND Secretary-General, Batuke Imenda, for allegedly calling Catholic Archbishop Alick Banda “the Lucifer of Zambia”.

The Director of Public Prosecutions (DPP), Gilbert Phiri, in his response letter dated January 15, 2024, said Tembo had not availed any cogent evidence to show that Imenda committed the offence of Hate Speech by means of a Computer System as required by section 65 of the Cyber Security and Cyber Crimes Act of the Laws of Zambia.

Tembo, however, told Magistrate Nsunge Chanda that he had written back to the DPP on January 22, 2024, and enclosed a flash drive with video evidence clearly to demonstrate that Imenda used a computer system when he committed the alleged offence.

He had also informed the DPP that he had four witnesses ready to testify in court that the accused did utter hate speech and used a computer system to do so.

The matter was adjourned to February 8, 2024, to allow the DPP decide whether the complaint could still not be permitted to prosecute the case in view of the said available evidence.

Tembo stated that on May 28, 2023, Imenda at a press briefing, streamed live online, did utter that the Lusaka Archbishop Banda was the “Lucifer of Zambia”.

He contended that the said statement by the ruling party’s Secretary-General constituted hate speech against the Archbishop.

ACC vs Francis Muchemwa

The Anti-Corruption Commission filed an application to the Economic and Financial Crimes Court, to have K13 million worth of seized properties belonging to party cadre, Francis Muchemwa, alias, Commander 2, forfeited to the State.

The Anti-Graft Agency in its affidavit in support of the notice of motion for the non-based conviction forfeiture order stated that Muchemwa was on the ZESCO payroll as an employee and between June 1, 2015 and August 1, 2021, he obtained total salaries amounting to K483,761.

He received allowances for trips undertaken out of Lusaka and that the total sum of money earned between June 1, 2015 and August 1, 2021 was K141,400.

It was submitted that the movable and immovable properties acquired between July 2020 and December 2021 be forfeited to the State for being tainted.

The seized properties which are a subject of forefeiture are his K2.5 million dwelling house known as, property no. L/26392/M, no.L/28477/M/H and L/28477/M/J both worth K3.4 million and L/26395/M worth K4.5 million.

The said properties are located in Silverest, Chongwe district.

ACC also wants the movable properties that were found at property L/26395/M valued at K461,664 given to the State.

In addition, the Commission submitted that the two vehicles, FAW Truck Registration number BAR 9059ZM and BAR 9058ZM valued at $62,000 each be forfeited to the State.

Muchemwa, his companies namely Altitude Properties Limited, Friltech Networks Zambia Limited and Massbreeds Investments Zambia Limited are cited as first to fourth interested parties respectively.

DPP vs Re-property

The Economic and Financial Crimes Court also recorded another non-based forfeiture order application, from the Director of Public Prosecutions to have properties valued at K91 million owned by former Zambia Air Force commander, Eric Mwaba Chimese, forfeited to the State.

The DPP, however, did acknowledge that Chimese was last year, acquitted of charges of abuse of authority and money laundering in relation to the said properties.

The non-based conviction forfeiture application was based on the belief that the properties which included the nine fully furnished apartments were acquired through proceeds of crime

The seized properties included subdivision F/2303/Q 4th Street, Ibex Hill, Farm 4302/313 located in Eureka Baobab Area Musekese Drive in Lusaka and Part of F/181a/C/1 Mungwi road, Lusaka West.

The DPP, Gilbert Phiri, also wanted 10 by 49 inch Samsung Television sets valued at K48,458, K90,000, US$107, 100 pounds, 1 Yen and US$10,000 also forfeited to the State.

Sedrick Kasanda vs Attorney General

Early January, Sedrick Kasanda, who faced a charge of Espionage filed a lawsuit against the Attorney General, contesting the illegal seizure of his Ibex Hill house and other properties.

In the petition before the Economic and Financial Crimes Court, Kasanda contended that the properties seized by the State agency, Drug Enforcement Commission (DEC) were legitimately acquired.

He said on August 17, 2023, after a search was conducted at his residence, the State seized the property known as Plot No. 19 Main Street Ibex Hill Lusaka and all those properties situated thereon property.

The said seizure was allegedly executed under the Authority of section 15 of the Prohibition and Prevention of Money Laundering Act No. 14 of 2001, citing reasonable grounds to believe that the properties are liable to seizure.

Kasanda is jointly charged with four others for Espionage linked to the gold gate scandal involving over US$5.6 million at Kenneth Kaunda International Airport in August, 2023.

The Petitioner lamented that it was unjust for the State to confiscate his properties based on suspicion and not evidence.

He asked the Court to compel DEC to return all his properties that were seized.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; January, 2024 first appeared on Zambia Monitor.

Justice O’ Metre: Recap of cases involving politically-exposed persons, others; December, 2023

ZambiaMonitor Contributor — Tue, 02 Jan 2024 07:03:53 +0000

DECEMBER REVIEW

The last month of 2023, had interesting developments from the former President Edgar Lungu contesting the State’s withdrawal of his retirement benefits due to his return to active politics, to Deputy Clerk of the National Assembly submitting to the Constitutional Court that the nine opposition PF Members of Parliament expelled by purported party president Miles Sampa were still MPs, and to the suspension of Justice Timothy Katanekwa from the office of Judge of the High Court.

Edgar Lungu Vs AG

Former President Lungu filed a petition in the Lusaka High Court challenging the State’s decision to withdraw his retirement benefits and privileges after his return to active politics.

On October 28, 2023, the former Head of State announced his decision to rejoin active politics and is currently the PF party president, though a faction of it.

Government swiftly responded with the immediate withdrawal of his retirement benefits and privileges.

As a retired statesman, he enjoyed a range of privileges, including immunity from prosecution, three security officers, a diplomatic passport, three state cars, a furnished house and medical insurance.

Attorney-General Mulilo Kabesha had, however, rejected Lungu’s application to have his benefits and privileges reinstated stating that the decision to withdraw retirement benefits aligned with Section 5, subsection 1 of the Benefits of Former Presidents Act, Chapter 15 of Zambia’s laws.

But Lungu contended in his petition that the State’s withdrawal of his retirement benefits due to his return to active politics infringed upon his constitutional rights, specifically citing Articles 20 and 21. These constitutional provisions encompassed freedoms of expression, assembly, and association.

Ronald Chitotela and Others Vs Miles Sampa, Morgan Ng’ona, AG

Nine PF MPs expelled by purported party president Sampa and his Secretary-General (SG) Ng’ona filed a suit at the Constitutional Court to quash their expulsion.

The nine described the expulsion illegal claiming Sampa was an expelled member of the party. They further contended that Ng’ona had no jurisdiction to expell them as he was appointed to the position of SG by an expelled Sampa.

They also want a declaration for the duo to stop holding themselves in that position.

The nine MPs are Chitotela -Pambashe, Nickson Chilangwa -Kawambwa,Mutale-Chitambo, Brian Mundubile -Mporokoso, Stephen Kampyongo-Shiwang’andu,Musonda Mpankata-Lupososhi, Christopher Kang’ombe -Kamfinsa, Remember Mutale,Mulenga Fube-Chilubi and Mutotwe Kafwaya-Lunte.

The Deputy Clerk, Cecilia Sikatele-Mambwe, submitted
that the Speaker, Nelly Mutti, had not acted on the letters awaiting the court’s decision on the matter, in accordance with the Constitution.

She stated that vacation of office as a member due to expulsion was subject to the constitution.

“It is only after the confirmation of the expulsion by the court or the elasping of the period within which to challenge the expulsion, that the Speaker is mandated,by the constitution, within seven days, to inform the ECZ of the occurence of the vacancy.

“Consequently, the office of the Speaker has not acted on the letter of expulsion from the second Respondent, therefore, the Petitioners remain members of Parliament,” she submitted.

Mutotwe Kafwaya and others Vs Miles Sampa

Seven PF presidential candidates who had each paid K200,000 nomination fee petitiioned the Lusaka High Court to declare the extra ordinary meeting where Sampa was elected party president illegal.

The seven through their lawyers had also requested the Chief Justice, Mumba Malila, to exercise the powers vested in him by Article 135 of the Republican Constitution to constitute a panel of three judges to hear and determine the matter.

The petitioners are Mutotwe Kafwaya, Emmanuel Mwamba, Geoffrey Bwalya Mwamba, Chishimba Kambwili, Greyford Monde, Chitalu Chilufya and Brian Mundubile.

The People vs Chris Zumani Zimba and three others

On December 1, 2023, former President Lungu’s political advisor, Chris Zumani Zimba and three others walked to freedom after the High Court acquitted them of terrorism charges.

The four were accused of engineering the gassing incidences of 2020.

But Judge Koreen Mwenda-Zimba set the accused free on ground that the prosecution had failed to adduce evidence to prove that the accused were involved in terrorism activities.

The other three are Marlon Banda, Given Phiri and Potipher Gwai. They had been in incarceration at since May, 2023.

The People vs Stephan Kampyongo, Wanziya Chirwa

Lusaka Magistrate Sylvia Munyinya found former cabinet minister in the Patriotic Front government, Stephen Kampyongo and his wife, Wanziya Chirwa, with a case to answer in a matter they are facing 11 counts of possession of property suspected of being proceeds of crime worth over K29 million.

The couple had been put on defence to the charges contrary to section 71 (1) of the Forfeiture of Proceeds of Crime Act No. 19 of 2010 of the Laws of Zambia.

Mgistrate Munyinya had ruled that the Prosecution had establised a prima facie case against the accused.

In this matter it is alleged that Kampyongo between January 1, 2012 and September 30, 2021, did possess property number Lus/38467 located off Twin Palm Road in Lusaka valued at K1, 600, 000 and property number Lus/24406 located off Lilayi Road, Libala South valued at K860, 000.

It is also alleged that he possesses property number F/135/4301 and property number F/137/4301 both located in Eureka Park comprising incomplete double storey house valued at K11, 100, 000.00, property number KAF/Ln 59832/8 and KAF/59832/9 in Chifwema area valued at K1, 600, 000.

Charges against Chirwa are that between January 1, 2012 and September 30, 2021 she possessed property number F/135/4301 and property number F/179/4301 located in Eureka Park off Kafue Road valued at K11, 100, 000.00.

It is also alleged that she possesses property number F/33/a/F/2470 and property number F/33/a/F/2471 located in Meanwood Ndeke, Lusaka valued at K2, 100, 000.

Further allegations are that, Chirwa possesses property number F/609/E/77/A48 and property number F/609/E/77/A485 located in Foxdale Lusaka valued at K5, 200, 000 property number L/2131/m/a/2/cl/11 valued at K1, 200, 000.00 located in Ibex Hill, Lusaka, property number L/2131/M/A/2/CL/10 valued at K1, 200, 000.00 located in Ibex Hill, Lusaka, property number L/30168/m and property number L/30167/M located in Mikango Lusaka valued at K2, 110, 000.

It is also suspected that Chirwa did possess K1, 382, 513.84 and K1, 200, 000 in two separate bank accounts held with Indo Zambia Bank.

The DPP vs Re-property

The Director of Public Prosecutions’ application for an order for the forefeiture of the Jet plane used in the Kenneth Kaunda International Airport (KKIA) faced opposition by the owner who contended that it was not tainted property.

According to the affidavit in opposition filed in the Economic and Financial Crimes Court, Global Express T7-WSS Jet is owned and registered in the name of World Aviation Sinai International Mountains Limited and registered with the San Marino Civil Aviation Authority.

Ibis Air is the management company that had been engaged by the owner.

Ibis Air (PTY) Limited director, Baher Fawzi Mohamed Aldamasy, an Egyptian and a resident in South Africa stated that the State’s procedure of seizure was irregular as the Forfeiture of Proceeds of Crime Act described the Jet as premises and not property.

Mohamed Aldamasy said that the owner or Ibis was under no obligation to inquire into the work history or activities of the client beyond that which is necessary to determine the rates, safety of the jet and operation as per the International Civil Aviation Organization (ICAO).

He stated that the Jet was hired to be used for three hours with the flight plan indicated Cairo to Lusaka and then Lusaka to Cairo.

He contended that the Jet plane was not tainted property as neither the management company nor owner of the jet had used the jet to commit a serious crime or was connected to any person who may have committed any serious such crime.

The People vs Sean Tembo

Opposition Patriots for Economic Progress (PeP) leader, Sean Tembo, had in December been dragged to Court twice for allegedly insulting President Hakainde Hichilema.

He first appeared and pleaded not guilty to the masturbation remark.

But barely three weeks later, he was again taken to Court for insulting the Head of State.

Tembo, 43, is charged with one count of use of insulting language, Contrary to Section 179 of the Penal Code Chapter 87 of the Laws of Zambia.”

Facts are that on August 27, 2023, Tembo did post on his Facebook page did say “Bally apa akangiwa kuipa. But mu 2026 ngati bantu bafuna kuvotela chipuba chinangu,its fine, SET can wait for 2031.”

The said words were refered to Mr Hichilema, in a manner likely to provoke or cause the said person to break the public peace or to committ an offence.

The People vs Peter Kashala

PF cadre, Peter Kashala, alias, Peter Ma-chain appeared before the Lusaka Magistrates’ Court and pleaded not guilty to carrying a gun to court.

Kashala, 36, is alleged to have carried a weapon to the Lusaka Magistrates’ Court on November 21, 2023 which is a public place and conducted himself in a disorderly manner.

He denied the charges before magistrate Constance Kasankala.

He was charged with three counts of unlawful possession of a pistol, going armed in public and idle and disorderly persons.

In count one it is alleged that on November 21, 2023 the accused without lawful occasion went armed in public to cause terror to any person.

It is alleged in the second count that Kashala on the same date conducted himself in a manner likely to cause breach of peace.

In the last count, he is accused of possessing a Grison Pistol 9 millimeters and 15 rounds of ammunition without a license.

Judge Katanekwa suspended

President Hakainde Hichilema last week suspended Justice Timothy Katanekwa from exercising his duties as puisne Judge of the High Court.

This was after the Judicial Complaints Commission presented its report to the President.

Hichilema’s decision to suspend Justice Katanekwa was in exercise of powers bestowed upon him by Article 144(3) of the Constitution.

In 2013, late President Michael Sata suspended Justice Katanekwa for alleged professional misconduct.

A lusaka businessman, Misheck Chatora in April, 2023, wrote a letter of complaint to JCC accusing Justice Katanekwa of injustice against Maritime Freight in a matter against Zambian Breweries in November, 2011.

Judge Katanekwa was in October this year summoned to appear before JCC in relation to the complaint.

He had also been accused of incompetency as matters take too long to be concluded.

At the time of his suspension, Justice Katanekwa was presiding over the matter Miles Sampa was challenging his suspension. Judge Katanekwa granted Sampa restraining order against senior party officials who included Given Lubinda and Nickson Chilangwa.

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Justice O’ Metre: Recap of cases involving politically-exposed persons, others; November 2023

ZambiaMonitor Contributor — Wed, 06 Dec 2023 09:03:21 +0000

Welcome to Justice O’ Metre, an independent tracker on high-profile cases affecting mostly politically-exposed persons in Zambia.

It scans the judicial system, and reports how government is following through with the rule of law and the administration of justice for common good.

November Review

The words ‘Consent Judgement’ made headlines in the month of November, with various stakeholders sharing different views on more compensation being awarded to ruling United Party for National Development (UPND) members who include Transport and Logistics Minister, Frank Tayali.

FRANK TAYALI VS ATTORNEY-GENERAL

The Transport Minister, Tayali and the Attorney General, Mulilo Kabesha entered into a consent judgement in which the former was awarded K450, 000 for the trauma he suffered after a police officer pointed a gun at him in 2021.

The State also agreed to pay off Tayali’s lawyers, ZS Legal Practitioners, K80, 000 costs incurred by the Minister to prosecute the matter which commenced last year.

The judgement dated November 23, 2023 was endorsed by Lusaka High Court Judge, Conceptor Zulu.

Tayali claimed he was assaulted by an “overzealous” police officer who pointed an AK47 rifle at his head when he accompanied President Hakainde Hichilema, as UPND opposition leader then, for questioning at Police force headquarters.

OBVIOUS MWALITETA AND ANOTHER VS ATTORNEY-GENERAL

Kabesha in February, this year, entered into a consent judgement with Lusaka Province UPND chairman Obvious Mwaliteta and Kafue businessman, James Sichomba, awarded K900,000 compensation each in the matter in which they sued the state for false imprisonment on charges of possession of offensive weapons.

The State would also pay off legal costs in the sum of K200,000 incurred by the duo.

In 2019, Mwaliteta and his co-accused were arrested in Kafue and prosecuted on a charge of possession of offensive weapons, among them stones, machetes, knives and wooden pick handles. However, the Lusaka Magistrate Court set them free.

Their argument was that they were wrongly arrested for being members of UPND, then in opposition party to Patriotic Front (which was the ruling party).

The plaintiffs had demanded for K300,000 for special damages, among other demands

DOUGLAS CHIBULO VS ATTORNEY-GENERAL

Seven years after she was shot dead by police officers, the State agreed to compensate the family of Chipenzi Chibulo K3.5 million for loss of life.

The parties also agreed that the State would pay K500, 000 as costs.

This is in a matter in which the victim’s father, Douglas Chibulo sued the Attorney-General in the Lusaka High Court for demanding compensation claiming his daughter’s life was cut shot due to negligence by the police who used live bullets on UPND members after cancellation of rally slated for Lusaka’s Chawama township.

MILES SAMPA VS GIVEN LUBINDA, NICKSON CHILANGWA

The matter before Judge Timonthy Katanekwa took a new twist with PF Secretary General Raphael Nakacinda seeking leave of the court to commence contempt of court proceedings against Ministry of Home Affairs and Internal Security Permanent Secretary (PS), Dickson Matembo.

Nakacinda purported Matembo intentionally and willfully, with plans to prejudice, disrespect and disturb the proceedings before High Court Judge, Katanekwa, by intimidating the Registrar of Societies, then Mhende, an action which undermined the proceedings.

This was according to a statement in support of application for committal proceedings filed in a matter in which Matero Member of Parliament, Miles Sampa, was challenging his suspension from the party.

THE PEOPLE VS CHISHIMBA KAMBWILI

PF member of the central committee, Chishimba Kambwili was last week sentenced to five months imprisonment with hard labour by the Kasama Magistrates’ Court.

Kambwili, 54, was charged with the offence of expressing hatred and ridicule of the people of Southern Province based on tribe and place of origin.

Kasama Resident Magistrate, Samson Mumba, found the former Information and Broadcasting Minister guilty after the Prosecution proved its case beyond a reasonable doubt.

Kambwili in his mitigation urged the court to put into consideration his health and also that he was a former Cabinet Minister who had diligently Zambia.

THE PEOPLE VS ADOLPHUS MUBANGA

The Lusaka Magistrates’ Court sentenced a Lusaka businessman and the country representative of CURZON Global Limited, Adolphus Mubanga, to two years imprisonment with hard labour for possession of properties suspected to be proceeds of crime.

Mubanga, who is a Nephew to politician, Geoffrey Bwalya Mwamba (GBM), between June 1 and August 30, 2021, was found in possession of four million and 50 thousand units of currency in a named bank, deemed to be proceeds of crime.

In the second count, on August 30, 2015, he allegedly possessed K980 000 held at a named bank, and on November 30, 2015, he held K525 954 in another bank, both amounts suspected to be acquired through proceeds of crime.

Principal Magistrate, Irene Wishimanga, convicted Mubanga after finding him guilty on both counts.

CURZON Global Limited, is a company where GBM allegedly expressed interest for business deals in 2011, as Defence Minister in the PF government.

Mubanga was initially jointly charged with his Uncle but was later separated from the indictment and charged independently with possession of properties deemed to be proceed of crime.

THE PEOPLE VS SEDRICK KASANDA,4 OTHERS

Espionage suspects, businessman Sedrick Kasanda and four others were last month finally granted constitutional bail by the Lusaka High Court.

Justices Charles Zulu, Ruth Chibbabbuka and Situmbeko Chocho granted the five K500,000 bail and i to surrender their passports to the High Court Registrar.

The court warned the five not to interfere with witnesses as they enjoyed temporal freedom.

This is in a matter in which Mahogany Air Chief Executive Officer, Jim Belemu, businessman Se Kasanda, Kenneth Kaunda International Airport (KKIA) Police commanding officer Robson Moonga, State Security officer Francis Mateyo and commercial pilot Patrick Kawanu linked to the gold scandal at the Airport pleaded not guilty to Espionage.

Proceedings in the matter are been held in camera.

THE PEOPLE VS MAJORY CHANDA LULEMBO, SMART MUMBA

A Lusaka couple accused of killing their 14-year-old girl maid has been committed to the High Court for trial.

Majory Chanda Lulembo and Smart Mumba aged 30 and 36 respectively , were jointly charged for the murder of Janet Chola. The said offence is alleged to have been committed between August 28 and 30, this year.

Magistrate Kaunda Sakwanda committed the duo to the High Court, as murder was not triable in the Subordinate Court.

According to a police report,the couple took Mpundu’s body to the University Teaching Hospitals Police Post to obtain the Brought In Dead -BID- certificate over her death.

However, during inspection, police suspected foul play, as the victim’s body had multiple physical injuries and immediately investigations were instituted.

The probe revealed that the couple on August 29, 2023 had a physical confrontation with the deceased.

INSTITUTE OF LAW, POLICY RESEARCH & HUMAN RIGHTS VS SPEAKER, ATTORNEY-GENERAL

The Institute of Law, Policy Research and Human Rights moved the Constitutional Court to render its interpretation on whether Leader of the Opposition in Parliament ought to be appointed or elected?

The applicant questioned whether pursuant to Article 74(2) of the constitution of Zambia (amendment) Act no.2 of 2016, a Leader of the Opposition is elected or appointed by the political party with the largest number of seats in the National Assembly itself as a political party.

In the same period under review, PF Mporokoso MP, Brian Mundubile filed a petition in the Lusaka High Court, challenging the decision of the Speaker, Nelly Mutti, to replace him with Mafinga MP, Robert Chabinga.

Mundubile’s contention was that the decision by the Speaker to appoint Chabinga as Leader of the Opposition was illegal, irrational and procedurally improper, as she acted in excess of her powers, therefore should be declared null and void.

Meanwhile, Member of Parliament for Chilubi, Mulenga Fube, commenced an action against the Speaker contesting decision to suspend 18 MPs, including 16 from the Patriotic Front (PF) and two independents, from the House for 30 days.

Fube seeks a judicial review of the Speaker’s decision, stating that it was illegal.

He also seeks a declaration that the suspension and the cessation of the 18 MPs’ salaries were procedurally improper, made in bad faith, and therefore illegal.

THE PEOPLE V
S FLETCHER MWANSA

A youth of Chimwemwe Township in Kitwe, Fletcher Mwansa appeared in the Lusaka Magistrates’ Court for allegedly insulting President Hakainde Hichilema.

Mwansa, a security guard, is charged with one count of using insulting language.

Facts are that between October 17 and 20, 2023, Mwansa who operates a Facebook account under the name Fletcher Mwansa, is alleged to have published expressions amounting to insulting language using objectionable words .

He pleaded not guilty to the offence before Lusaka Magistrate Trevor Kasanda.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; November 2023 first appeared on Zambia Monitor.

Justice O’ Metre: Recap of cases involving politically-exposed persons, others; October 2023

ZambiaMonitor Contributor — Sun, 05 Nov 2023 07:54:09 +0000

Welcome to Justice O’ Metre, an independent tracker on high-profile cases affecting mostly politically-exposed persons in Zambia.

It scans the judicial system, and reports how government is following through with the rule of law and the administration of justice for common good.

October Review

The month of October witnessed interesting happenings, with the opposition Patriotic Front (PF) party leadership tussles making the biggest headline in the media.

RAPHAEL NAKACINDA V MILES SAMPA

Secretary General, Raphael Nakacinda, commenced legal proceedings against Matero Member of Parliament Miles Sampa, asking the Lusaka High Court to declare illegal the October 24, 2023, extraordinary convention which elected the latter party president. He told the Court that Sampa was an expelled member, therefore, had no legal right to host the said convention.

Nakacinda further applied for an interim injunction to restrain Sampa from posing as party president. On October 25, he was granted the ex-parte order of interim injunction by Justice Situmbeko Chocho . But the injunction was discharged two days later based on the reason that there was a similar case before Judge Timothy Katanekwa.

BRIAN MUNDUBILE V NAKACINDA, SAMPA & 2 OTHERS

PF Mporokoso MP, Brian Mundubile , on October 29, also commenced a separate action at the Lusaka High Court questioning the legality of the extraordinary conference held by Sampa. He sued Nakacinda, Sampa and his SG, Morgan Ng’onga and the Registrar of Societies as defendants in the case.

Proceedings in the matter have, however, been stayed by Justice Chocho, pending determination of the Nakacinda case. The judge also declined the application for an injunction against Sampa. Justice Chocho stated that the facts and reliefs being sought by Mundubile were similar to those in the Nakacinda .

MICHELO CHIZOMBE V EDGAR CHAGWA LUNGU, ECZ, AG

In this matter, a youth activist, Michelo Chizombe, petitioned the Constitutional Court to declare former President Edgar Lungu, ineligible to contest future elections.

Chizombe has asked the Court to revisit its ruling by declaration that the Electoral Commission of Zambia (ECZ) contravened the Republican constitution when it accepted Lungu’s nomination papers and include him on the ballot.

He further seeks a declaration that the respondent (Lungu) is not eligible to contest a presidential election under the current Constitution as read with the now repealed 1991 Constitution (as amended).

The petitioner has asked the Court to give an interpretation as to whether section 7 and section 2 of Act no. 1 of 2016 had the effect of saving Article 35 of the 1991 Constitution (as amended) in regard to Lungu’s Presidential term between January 25, 2015 and September 13, 2016.

Chizombe who had difficulties to serve process in person to the former Head of State was granted permission by the Court to do so through an advertisement in a widely circulated new newspaper.

THE DPP

The Director of Public Prosecutions (DPP) Gilbert Phiri applied to the Economic and Financial Crimes Court for a non-conviction forfeiture to the state of the seized Jet and other properties in the gold scandal.

The bags and luggage cases seized from the Jet, contained US$5,697,700.00, 602 pieces of suspected gold, five pistols with 126 rounds of ammunition and 11 pistol magazines, a drilling machine and a Central Processing Unit (CPU).

T7-WSS Global Express (GLEX) Jet, which was detained at Kenneth Kaunda International Airport on August 13, 2023, carried four crew members and five Egyptians.

According to documentation provided by National Airports Corporation, the formalities for the ground handling services were initially initiated by IBIS Air, but were actualised by MixJet.

“That the Airspace application form completed by IBIS Air showed that they had falsely declared that the aircraft was not carrying any cargo, when in fact there was money, firearms and rounds of ammunition on the said aircraft,” he said.

The DPP believed the aircraft was tainted property and liable for forfeiture to the State, to which the interested parties are not in opposition.

JOSHUA BANDA V ATTORNEY GENERAL

Ex-High Court Judge, Joshua Banda lost a petition in which he was contesting his removal from office by President Hakainde Hichilema following recommendations from the Judicial Complaints Commission (JCC).

The Constitutional Court ruled that the President did not abrogate the Republican Constitution when he fired Banda for corrupt practices.

The Court concluded that the Petitioner, Banda, had his integrity as Judge questioned immediately he solicited for K130,000 and actually received K63,000 from a David Mwaanza, an under Sheriff, as an inducement for a favourable judgement.

“We say so because in his own evidence during trial, the Petitioner admitted receiving money from the complainant and purportedly giving it back because the complainant was extorting money from him. Furthermore, even though then JCC did not act in accord with article 144(2) and (3), the Petitioner was afforded an opportunity to be heard on the charges of corrupt practices for which he was found culpable,” read Justice Judy Mulongoti.

THE PEOPLE V KAIZER ZULU

Lumezi Independent MP, Munir Zulu was last month given 30 days within which to present former political advisor, Kaizer Zulu, to court.

In July, Magistrate Mwenya issued a bench warrant against Zulu for abscording sessions in a matter he is charged with one count of conversion not amounting to theft.

One of his surieties, Munir had in the last sittings asked for more time to find the accused. But on October 30, Magistrate Mwenya extended the bench warrant and gave a 30 days ultimatum to Munir to ensure the accused appeared before court.

THE PEOPLE V NAMWENE PHIRI

A 31-year-old Lusaka lawyer who has been battling depression was sentenced at President’s pleasure for killing her two-year-old son.

Judge Dorcus Malama ordered that the in-house counsel at Food Reserve Agency (FRA), Namwene Phiri be detained at President’s pleasure at Chainama Hills Hospital.

The order refers to the detention in prison for an indefinite length of time of persons who commit offences due to their mental problems.

Phiri, on February 15, 2022, was alleged to have killed her two-year-old son by administering a pesticide to him and later consumed the same in an attempt to commit suicide. She pleaded not guilty to the charge of murder and claimed the the baby drowned in a bathtub.

But evidence by Chief analyst at the National Food Laboratory, Hilary Chibaya, and State pathologist, Dr Luchenga Muchelenganga, confirmed that the boy died after been given pesticide.

THE PEOPLE V MUNIR ZULU

Munir Zulu appeared before the Lusaka Magistrate Court and pleaded not guilty to charge of seditious practices.

Zulu had been charged with one count of Seditious Practices contrary to Section 57 (1) (b) as read with section 60 (1) (e) of the Penal Code Chapter 87 of the Laws of Zambia

It was alleged that Zulu, on September 6, 2023, in Lusaka uttered seditious words on social media, to which he claimed to have had reliable information that:

“The President was going to dissolve parliament on Friday, September 8, 2023 after addressing parliament, and that he was going to call for early elections.”

Zulu had also been accused of inciting Zambians to prepare for campaigns because according to him, President Hichilema was dissolving parliament.

THE PEOPLE V AMOS DUBEKA

A poultry farmer of Lusaka West was jailed six years with hard labour for killing his 16-year-old pregnant niece, by cutting her throat and disposing off the body in a pit latrine.

Amos Dubeka, 33, who readily pleaded guilty to a charge of manslaughter before the Lusaka High Court killed the niece on March 7,2021.

Amos, who had been in prison since his arrest in 2021, was initially charged for the murder of Joyce Dubeka, but was reduced to manslaughter by the State.

Judge Bowa sentenced the accused to six years with hard labour.

“I have learnt about your remorsefulness and trauma knowing that you were responsible for the death of a family member. The facts make sad reading hope the sentence will give you the opportunity to reflect and give closure,” he said.

THE PEOPLE V LONGWE NGOSA

Trial in a matter in which Longwe Ngosa, 29, is charged with assault of a child commenced on October 11, before Lusaka Magistrate, Mutinta Mwenya. The victim, a four–year-old boy narrated to court how his step-mother constantly disciplined him using a hose pipe or what he referred to as a shamboko (whip).

The Court was shown the dark marks caused by the whip all over the boy’s body such as the stomach and backside.

Ngosa, a wife of a Zambia Army officer of Appolo Barracks in Lusaka, pleaded not guilty to one count of assaulting a child. The accused on unknown dates but between April 1 and July 31, 2023, assaulted her step son.

Trial continues on November 8, 2023.

THE PEOPLE V FRANCIS MUCHEMWA & OTHERS

The Lusaka Magistrates’ Court found businessman, Francis Muchemwa, alias, Commander 2, and his co-accused with a case to answer on charges of acquiring properties reasonably suspected to be proceeds of crime valued at K12 million.

Chief Resident Magistrate, Davies Chibwili, placed Muchemwa and others on their defense.

Magistrate Chibwili, however, acquitted the accused people on charges of failure to comply with the provisions of the income tax act due to insufficient evidence adduced by the prosecution.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; October 2023 first appeared on Zambia Monitor.

Justice O’ Metre: Recap of cases involving politically-exposed persons, September 2023

ZambiaMonitor Contributor — Fri, 13 Oct 2023 13:49:37 +0000

This fresh offering kicks-off with a review of happenings in the month of September, 2023.

September Review

The month of September had its fair share of cases on the floor of the courts of law. Some allegedly politically motivated and others mere litigation battles.

Prominently, the former first family made their way to the Magistrate Court, not for the usual Presidential officiating but to be on the defensive side of a theft case.

EDGAR LUNGU V ATTORNEY GENERAL

On September 17, the former president, sought leave of the Lusaka High Court to begin Judicial Review of proceedings against the State’s decision to bar him from travelling to South Korea to attend a World Peace Conference.

The litigant who cited the Attorney-General, as the respondent in the matter was seeking an order of the court to quash the decision of the Director-General of Zambia Department of Immigration to deny him exit out of the country to South Korea without stating the reasons for the action.

Lungu, represented by Makebi Zulu Advocates, however, discontinued the matter the next day, after being granted an inter parte date hearing of September 25, 202, when the conference was scheduled to end on September 20. In the notice of discontinuance, the litigant lamented that continuing with the matter would result in an academic exercise.

Still aggrieved with the botched trip, Lungu on September 22, filed a petition in the same court contesting the legality of the decision by government asking him to seek Cabinet approval before travelling out.

Among the substantive reliefs was a declaration that the position by the State, that he should seek permission before he could travel was illegal and not supported by law.

He also wanted the court to declare that he was entitled to enjoy his right to movement and also be paid damages for the embarrassment, mental torture and anguish he went through due to the said decision.

Lungu lamented that his botched trip caused him so much embarrassment in the eyes of the international community and those who invited him.

THE PEOPLE V ESTHER LUNGU & 4 OTHERS

The criminal case involving former First lady, Esther Lungu and four others, appeared in the Lusaka Magistrate Court for theft of motor vehicle and money laundering charges.

Chief Resident Magistrate , Davies Chibwili allocated the matter to Magistrate Mbuywana Sinvula. Esther is jointly charged with James Phiri and Lee Chisulo, both police officers, Kapambwe Lungu and Catherine Banda.

In count one, the accused persons between August 9, 2021 and September 30, 2022 in Lusaka, jointly and whilst acting together, did steal a motor vehicle namely a Mitsubishi Canter registration number BAV 5282 valued at K320,000.00, the property of Elizabeth Change Phiri.

While in count two, allegations are that the five on the same date, in Lusaka, did steal a Toyuta Runnex registration number BLA 9772 valued at K 110,000.00 the property of Elizabeth Change Phiri.

In count three, it is alleged that Esther jointly and whilst together with the other four suspects, between August 9, 2021 and September 30, 2022 did steal a Toyota Alex registration number BAV 3986 valued at K 110,000.00, the property of Furhana Patel.

In count four, the former First lady, Chisulo, Lungu and Banda on the same date in Lusaka, jointly and whilst acting together, did steal a Certificate of tittle relating to stand No. S/LUSAKA/0003/2977 located in Libala Lusaka Water Works valued at K 1 ,050,000.00, the property of Elizabeth Change Phiri.

And, in the last count it is alleged that the ex-first lady between August 9, 2021 and September 30, 2022 in Lusaka, had in her possession or concealed money amounting to US$ 400,000 United State, property reasonably suspected to be proceeds of crime.

THE PEOPLE V CHRIS ZUMANI ZIMBA & 3 OTHERS.

Trial took off in the matter in which ex-president, Edgar Lungu’s political advisor, Chris Zumani Zimba and three others who had been in detention since May, this year, are accused of being behind the gassing incidences which engulfed the country in 2020.

Zumani, 44, Given Phiri, 36, Marlon Banda, 34, and Portipher Gwai, 44, pleaded not guilty to terrorism charges before Lusaka High Court Judge, Koreen Zimba.

The ex-political advisor is charged with the offence of being in possession of articles for terrorism or proliferation purposes, contrary to Section 25 of the Anti-Terrorism Act no.6 of 2018 as read together with Section 2 of the Anti-terrorism Act no.6 of 2023.

The prosecution has so far called 11 witnesses, trial continues on October 28, 2023.

THE PEOPLE V EMERINE KABANSHI

It was a sad reality for former minister, Emerine Kabanshi , after High Court Judge, Gaudentia Salasini, upheld the two year sentence pronounced by the lower court, for her involvement in the Social Cash Transfer funds.

Judge Salasini found the Lusaka Magistrate Court to have been on firm ground when it ruled that the former Minister failed to comply with the law in relation to social cash transfer funds.

Kabanshi, 58, who served as Community Development and Social Services Minister under the Patriotic Front (PF) government was on May 28, 2021 sentenced to two years simple imprisonment on two counts of willful failure to comply with the law, applicable procedure or guideline relating to procurement contrary to Section 34(2)(b) of the Anti-Corruption Act No.3 of 2012 of the Laws of Zambia.

She has been on K50,000 bail since June, 2021, but the decision of the High Court saw her back in the prison cells.

THE PEOPLE VS VINCENT MULENGA

A feared figure in the community in Lusaka’s Matero Constituency, Vincent Mulenga, was sentenced to 15 years with hard labour for indecently assaulting three juveniles, which included subjecting them to oral sex.

The 31-year-old businessman and weightlifter, Mulenga, popularly known as Desai Mafia of George Compound in Lusaka, was removed from society and sent to prison.

Judge Mwaka Ngoma, said a man like him who had no shame to show his nakedness to a child needed to be taken out of society.

She said the 15 years sentence would run concurrently with the five years imprisonment with hard labour for abducting and one year for assaulting juveniles under the age of 16, as pronounced by the Lusaka Magistrate Court.

Brief facts are that Mulenga between November 19 and 21, 2021 allegedly abducted girls below the age of 16 and confined them in his bar in a dark room where he used to give them drugs, have sex with them and later took them to some lodges in the Emmasdale area and made them sleep with other men for money.

THE PEOPLE VS EMMANUEL MWAMBA

Patriotic Front (PF) Information and Publicity chairperson, Emmanuel Mwamba, was among the political figures dragged to the Lusaka Magistrate Court. Mwamba is facing one count of assaulting a police officer.

It is alleged that the accused on June 14, this year, assaulted Detective Inspector, Steven Simwenda, an officer of the Zambia Police service in the due execution of his duty. The matter was allocated to Magistrate Trevor Kasanda.

THE PEOPLE V SHADRICK KASANDA & OTHERS

Businessman, Shadrick Kasanda, who is currently in detention at Mwembeshi Maximum prison for espionage charges, appeared in the Lusaka Magistrate Court on different charges obtaining money by false pretences and money laundering.

Kasanda, 33, is jointly charged with Dominic Twinjika, Treasure Malandala both businessmen and Luwowoshi Mining Limited, are alleged to have fraudulently obtained money by pretending to supply gold amounting to about US$1 million to business partners. They entered a plea of not guilty in all the six counts.

Trial commences on October 16, 2023, before Magistrate Kawama Mwamfuli,

THE PEOPLE V LONGWE NGOSA

After a month in police detention, 29-year-old Longwe Ngosa, appeared before the Lusaka Magistrate court for allegedly assaulting her four-year-old step son.

Ngosa, a wife of a Zambia Army officer of Appolo Barracks in Lusaka, pleaded not guilty to one count of assaulting a child.

The accused on unknown dates but between April 1 and July 31, 2023, assaulted her step son.

Magistrate Mutinta Mwenya, granted Ngosa K3,000 cash bail plus three sureties. She was arrested on August 10, this year, after a recorded video of the boy showing his teacher the old and fresh wounds on his body, which he said was the result of the beatings from the accused.

The matter was adjourned to October 11, 2023, for start of trial.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, September 2023 first appeared on Zambia Monitor.