THE Lusaka High Court has dismissed Lusaka lawyer Kelvin Hang’andu’s petition over the decision by the Director of Public Prosecutions (DPP) to withdraw an appeal involving former Republican president Frederick Chiluba.
High Court Judge Gregory Phiri said in his ruling that Mr Hang’andu’s petition was improperly taken to court and that its cause was speculative in nature, form and bore an unclear cause of action.
Mr Justice Phiri said the petitioner’s interest was too remote to sustain a challenge under Article 28 of the Constitution of Zambia.
Mr Hang’andu had petitioned the High Court over DPP Chalwe Mchenga’s withdrawal of the notice of appeal filed by dissolved Taskforce prosecutor, Mutembo Nchito against the acquittal of Dr Chiluba.
He said although the DPP had the authority to stop the appeal against Dr Chiluba’s acquittal, he should have consulted the attorney general before doing so.
“As regards the petitioner’s claim that this petition discloses a cause of action, in my view of my finding, the petition’s interest is too remote to sustain a challenge under Article 28, it will be purely academic to exhaustively discuss this claim and that it is improperly before this court and must be dismissed,” he said.
The judge wondered what facts the petitioner intended to prove in order to attach liabilities to the attorney general when seven of his nine proposed witnesses, including the AG were from the respondent’s side.
He said, according to Mr Hang’andu’s list of witnesses filed before the court, only two proposed witnesses were from outside the respondent’s realm like reporters from The Post newspapers George Chellah and Kennedy Phiri from Muvi TV.
Mr Justice Phiri wondered how the AG, who had been sued, could be the petitioner’s key witness, saying this clearly showed that the petitioner’s cause was speculative in nature.
Solicitor General Abyudi Shonga had submitted that the petitioner had failed to exhibit any proof that he had locus in this matter and that he also failed to show that the petitioner’s rights had been personally affected.
Mr Shonga said the petitioner also failed to show any cause of action he was attempting to disclose and therefore the liability, which he hoped to be attached to the respondents, could neither be seen nor identified.
But Mr Hang’andu, in response to Mr Shonga’s submissions, had argued that he had interest in the criminal trial and that he had shown the discontinuance of the said appeal filed by State prosecutor affected him as a citizen of Zambia.
The petitioner had also contended that when the State or prosecutor filed a criminal prosecution, he had no liberty to discontinue it at his will for it was not only his concern but that of every citizen because crimes were an injury against public welfare.
[Times of Zambia]
Actually i see more sense in the Judges explanation, he rushed to the courts before getting his facts right,he was in a hurry;no need to panick,things will catch up with LAZO, it might not be anytime soon,but eventually one day he will have to sing,if not in this lifetime,maybe in the afterlife.
The scumbag is only free for legal technicalities. We know he is guilty as charged.
these i.d.i.o.t.s they just dont want anything to do with Kafupi being prosecuted. they want to defend him till death. that is one horrible man with blood in his hands. Only time will tell naiwe RB things will catch up with you and you will have no one to turn to.
Amaule aya they even have the audacity to be called Vagina Chiluba.
Amaule aya they even have the audacity to be called V.a.g.i.n.a Chiluba and are proud of it. wanya you will see!
#4. I can figure out what is missing from that sentence. Lol.
forget about thses cases and lets concentrate on ensuring that there is no more stealing and misuse of go’v’t funds. let leaders concentrate on development rather than shasing thieves and perharps we can be a middle income nation by 2030
We shall just revive this case when the Almighty God liberates us from these hooligans
@2
Monalisasyndrome : INCLUDING THE ROGER CHONGWE SAGA
Proud adulterers!
Well, these cases shall very sooner than later be revived because Kansundila’s days are numbered and how courts are soon going to be free from the urinary spell that bedevils the executive arm of our government and Banda wants to extend to the judiciary. It can only be in Zambia where killers like Miyanda want to be compensated for trying to kill Chongwe and KK. I just hope Umkhonto we Sizwe (MK) combatants can now have a go at Miyanda for trying to kill KK. Miyanda is more sinister than a crocodile, he deserves nothing less than being shot in that afro head of his to teach him a lesson that coup plotting and trying to eliminate political opponents is evil. No wonder, any soldier who defacates in his combat for any reason is not worthy of the combat.
Sebuloni. You write like ShakaZulu ka Sezangankona. I like your style.
Now, Miyanda was acting president when the shooting took place, how could he not know what was happening? This man, albeit having been acquited on a legal technicality, has never acknowledged his involvement in the Shamwana coup plot. Deogracious Mumba, Sikatana and Shamwana himself claimed he was with them but todate, Miyanda still claims “the court found me innocent”. Every time Chiluba was out of the country, the sinister crocodile moved to State House with a Sangoma taking “umuti” showers until Chikwanda (then chief of staff), told him off. That Mozambiqan tried to kill Chongwe and to try to claim compensation for attempted murder stinks. He deserves to be shot!
on a technicality!
In Zambia, our judiciary is so compromised. Since the gallant judges of the bench like Kabazo Chanda and Claver Musumali left, all we have are yellow charlatans of the worst order raving off kangaroo judgements populating our precedent directory with stinking decisions to haunt us till Christ comes back, again! No wonder, when Miyanda was still in power, he destroyed all evidence on the Chongwe case, I would not even be suprised that in true Mafiozo style, he had the trigger pulling policeman “penzad”, because, how else would all this confidence of wanting to be taken to court be oozing out of? Only a bulle or Assegai can teach Miyanda a lesson, for once in his life!
ka s.h.i.t namukazi wamwine, doesnt the Bible teach anything about divorce and lusting after other mens wives/men…and yet this LAZO claims to know so much about the Bible and proclaiming Gods name,,,makes me sick
Monalisasyndrome – Wena we most beautiful Inkhosikazi, ndabezita!
Ndabezita nkhosi!
Monalisa Inkhosikazi, Sinifesela ukhisimusi omuhle nonyaka omusha onempumelelo (Merry Xmas and Happy New Year)
Who will be there to protect Zambia from being looted, if the Courts are not not willing to do so?????? Ba fi colour balitumpa!!!!!!!!!!!!!!!!!!!!
When will George Bush be tried at the Hague for crimes against humanity as a result of the bogus Iraq was which saw so many people killed in battle?…. or is it only black presidents who get dragged to court?
When will George Bush be tried at the Hague for crimes against humanity as a result of the bogus Iraq war which saw so many people killed in battle?…. or is it only black presidents who get dragged to court?
Bushe what must we do with these Crooks, Quacks, Bapompwe, any suggestions????????????
Mike Kyambalesa.
You naive person.
What about these names.
President of Brazil – Recently for grand theft of public funds
President of Serbia – Genocide and Torture in Croatia
President of The Phillipines – Theft of public funds
Which one of them is Black?
Do you realise that its we men who seem to be in the forefront in these kind of activities? i think ka castration can be nice kaili the end thing we want is s.e.x. so after ka cas i think we can stop mwe.
Thieves are fond of stealing basically anything and everything even other peoples wives. Kafupi, “Pastor”Dan Pule. awe mwe
# 24Mike Hunt, spot on Man,,,tell him,,,wher are you,i can do a carton of budweiser and drink to yo post
#13 & 15 Sebuloni Kamutanda.
It seems you have serious issues with Miyanda. I don’t like him either but you seem to know a lot more or was one of your close relatives a victim? And now this Hang’andu, why the rush? Some of these lawyers just embarass themselves for rushing to court emotionally. It seems our legal fraternity has been swamped with characters of all hues and cues with ulterio motives pretending to be champions of the people.
Stress-reduction has long been known to increase testosterone levels in men; and now Dr Jay Glaser, reporting in the Journal of Behavioural Medicine,has found that levels of DHEA (a steroid hormone related to the sex hormones), which normally decline with age, are significantly higher in men and women who practise Transcendental Meditation.
Sorry, but #29 is not meant for you LT.
Monalisasyndrome bushe efyo bachita because tatwishibe sure. ellaborate more kaili we also learn ama transcendental meditation.
Ci colour aletusebanya.Now Chiluba will start looking like a hero
I have always said the Law is not about common sense or emotions. Courts deal with facts. Mr Hang’andu should have consulted other lawyers. How can you sue the AG and then expect the same AG to be your witness. The Judge is right.
#30, anything ad everything applies to FTMJKC (fred titus mpundu jacob kafupi chiluba).
The forbidden fruit is the sweetest, see even this one applies to him.
Another one down the drain. Well i dont feel that FTJ is innoceont but I also do not feel the judciary is comproiosed. They just missed the bus on this one. However life has a way of catching up with wrong doers and the Almighty is the Greatest Judge, so lets leave this Kafupi saga and move on. For instance how many of you are aware of the Road sector SAGA. I am sorry but I would prefer we move on from the FT US500, 000 case. its a bit petty if you ask me.
#35, you started it, tell us, wots up?
Good morning
Case dismissed on grounds of being “speculative in nature” – another hurdle off the road for die-hard FTJ. The man must be laughing up his sleeve about the failed attempts to get him behind bars.
Ba #35 tell us more for sure i also dont know about the Road sector SAGA. explain more pliz!pliz!
Please zambians, see the type of leader you want to have in the name of sata see how he behaved on that international program, so thugerly for a leader,The PF leader, who stormed out of the programme twice and openly attacked co –guest Sharon Freeman, president and founder of All American Small Business Exporters Association for supporting Chinese investment, charged that China was engaged in modern slavery as it was out to rape Africa of its resources.
Please yes change is good, but change should make alot more sense, I would rather we stick to mmd at least they listern when pushed to the corner, I am PF but i was left with no good words for my leader in the manner he behaved on that international forum
Mwebantu bushe kabwalala u yu alibwela ukufuma ku Nigeria?
Theres nothing new here. Technicalities or not, nothing will stick now as long as it has the tag’ “Chiluba” to it! Lets face it people, FTJ has beaten the system. Indeed, others are really above the law. How disgusting!!
Is it any wonder that the army sometimes takes the law into their own hands everywhere in Africa?
Lets move on people. Its time we dropped this obsession with Chiluba and focused on improving the lives of the Zambian people.
Imwe banthu ni pa friday lelo,dont you have friends or families to go to,glued on LT,kamwenikoni moba olo go for prayers,even veteran is nowhere to be seen,get a life,,,,kabiyeni mukunwa,ka lazo kena kalenwa jack daniels,meanwhile pa sunday kali ku church
bushe kuti wabunwa lelo you are even preparing for Christmas Eve na New Years. Smooth criminal wama setting.
# 39 I agree with u sata is not fit to be a president of zambia an thts why it has taken him three times to fight for tht post,coz God knows sata in an out thts why zambia has a reputation of havin presidents from no where bcoz th pipo tht aspire for leadership God does nt get inspired with thm sata will never be president of zambia bt Gods wish bt by th devil an ths country will be in total chaos coz ths old men has no dipolomacy in some thns he talk an do he has th leadership of that of Mugabe.Pliz God let nt ths devils tak th lead.
Wemfana….kufinwafye mudala,xmass eve na new yrs eve fikaisova,nangenamo ine banyama bangasilize moba..echo tufwile sure…bena RnB bena balandafye ati TIYE TIMWE TISANGALALE, OLO BAKAMBE NILIYE NABO NCHITO
From now on, please leave FTJ alone. Give him the full respect he deserves. Some people without any responsibility in the country are the ones talking. Let us talk about developmental issues. Let us forcus and project our visions for the Future … My former President FTJ and My current Preso RB, to you all I wish ” Merry xmas “
Yaba bane, ama politics yesu, when do we ever grow up, CHILUBA is a thief, we all know this, whether courts declare him innocent or Guilty, na kene ka shit kalishiba.
No. 48
you are such a JERK, are you Zambian or not?
#43 how does Zambia move on ..what stops the next leader from stealing and corruption if the last one was not held accountable. Corruption should not be tolerated from all levels. Will you say let’s move on ,1992, 1996, 2000,2011,2016,2022., 2026…etc You have to prune the branches of a tree for the fruit to grow well.
This ka short man with his tall ihule makes a disturbing couple. The thumbs up is not going to redeem you from the wrath of God we kamuntu iwe…
This MMD party has lost touch with the needs of local Zambians….look at the 85% unemployment in Zambia. There is something wrong when people do not understand why the wealth of Zambia is not being spent on them or imptoving their lives. Transparency of where the money from all those industries Unip KK built that were sold by Chiluba is missing. Where was that money invested or diverted???? One sad story is people going to a river to get water when crocodiles can attack them. …honestly, how much does it cost to build bow-holes in villages??? They can not even an ambulance for govt hospital in Livingstone. Yet the Govt buys a 800,000 Euro mercedes …MMD hasn’t even developed L/stone which has so much tourism potential. Too much greed ….
go back to history and check why LP mwanawasa appointed an independent chair of TFC in april 2004 following removal of mukelabai mukelabai. its was lack of professional and independent exercise of powers on the part of DPP. LPM had little trust both in the Dpps office as well as Min. of justice and he foresaw what this country is witnessing today. History is merely repeating itself according to the wisdom of the dead.mhsrip`1
DELETED POSTER RISK BEING BANNED
# 48 NO brains, you could have benefited ayyi ?? kafupi store & it’s a fact! waumfwa saana ayyi ?? time will catch up with him…. the clock is ticking. as for you, just read thru or log off.
Same to you Number 55, waba ba WISO Ubwingi.
Lungu maybe innocently following a political trail without knowing that at the centre of the Muchenga fiasco is a serious attempt to portray President Rupiah Bwezani Banda as a man who has compromised the office of the DPP.
It is a political fight which is perpetuated by a cabal of disgruntled journalists, lawyers and civic leaders who have failed to profit from President Banda’s Government. Their businesses which strived on political connections are bleeding following their failure to lock themselves-in in the Banda Government.
But what is worrying is that LAZ knows very well the Constitutional provisions on how a DPP can be removed from office, but its leader – Lungu – has chosen to ignore the legal route in preference for political gymnastics.
Why is LAZ not demanding for a Tribunal to be established to probe Muchenga for wrongdoing, if any, as provided for under the Constitution of Zambia? The truth of the matter is that Muchenga has done nothing warranting a Tribunal to probe him and LAZ knows that very well.
In Zambia, a DPP can only vacate his office once found guilty of wrongdoing by a Tribunal of Judges appointed to probe the allegations. Why is LAZ or Lungu to be precise, trying to shortcut the process? There is more than just meet an eye in all this fight especially that Muchenga rarely speaks outside the courtroom. So why pick a fight with such a man?
Muchenga’s enemies have been on his neck for many years SINCE HE TOOK OVER FROM MUKELABAI
FTJ ni nshimbi like it or not.that’s why sata spent a good ten years licking his boots.
For those who may not know, Muchenga was persuaded to take up the job of DPP by President Mwanawasa following the infamous removal of his predecessor Mukelebai Mukelebai who was hounded out of office over flimsy accusations. Mulekelai left graciously and only to be found dead in Pretoria, South Africa where he had relocated. Till today we do not who killed mukelabai???? A Tribunal was appointed by Mwanawasa which found as a fact that Mukelabai was framed that he met with Chungu in Livingstone to plot on how to circumvent the fight against corruption. Nonetheless, as a face saving measure, Government had to retire him in national interest because of the seriousness of the accusations notwithstanding that he was cleared by the Tribunal of Judge Esau Chulu
Before assuming the DPP office, Muchenga worked diligently as a State Prosecutor and is renowned for his successful record of convictions, including that of 1997 Coup convicts of Captain Steven Lungu alias Capt. Solo and others. He also unsuccessfully prosecuted Fred Mmembe, Editor-In-Chief of The Post Newspaper for espionage when his newspaper published an unpatriotic exposure of Zambia’s military ‘incapacity’ to fight the Angolan army. Maybe that is a reason for receiving such bad editorial coverage in the newspaper. Mchenga is a well experienced and qualified lawyer and patriotic zambian. he is jus hated by a few people and thus is being hounded but Mchenga will stand firm and must stand firm for the sake of zambia
All the courts are saying is “show evidence ” and don’t just say he stole. Why can’t Mr Fred Mmembe produce this evidence please.
exactly show us the evidence mr. membe and not just editorials that have no basis just insults everyday
Let Chiluba’s money in Zamtrop account pay for Dr Chongwe. #64 you can also use your money and leave the Zambian tax payers money since you support Kafupi’s activties in Chongwe’s case.
#64 mind typo error in #65. I meant to say as a blogger who supports Kafupi. Please explain why the Zambian tax payer’s money should be used to pay for Dr Chongwe case if Kafupi has money in Zamtrop account.
I have not said that. It was Post who said ‘Rodger deserves his compensation’. why should he not get paid when rajan mahtani received $4 million by levy
CHONGWE deserves to be paid weather a tabloid exposes it as a scandal or not. Stop this rot of sensetionalising corruption you maggots.if the post’s headline read like “CHONGWE WINS 6.5M DOLLARS COMPERSATION AFTER ATTEMPT ON HIS LIFE” .no scumbaug would have seen it like a scandal.but because the paper that digs deeper caimed to have unehearthed a scandal all maggots started parroting.have independent minds and arrive at conclusions independently.
#67 are you saying there was another payment of $4million to an individual …Zambia open your eyes MMD ain’t the party for Zambia. No wonder teachers, doctors and nurses do not get their wages increased.
Yaaa! Awe mwe. Regina Mwanza reminds me of that song my parents used to listen to in the eighties ati ” She is a Devil woman” Kuti waseka.
yes there was to mahtani just before 2006 elections. thats how mahtani donated money to mmd and was the personal banker of levy. its all there. remember the ZMK4 billion that Chipoya tried to withdraw in 2006. you guys all have short memories
POST NEWSPAPER EDITORIAL OF 25 OCTOBER 2007
Sata, the hired gun
By Editor
Thursday October 25, 2007 [04:00]
Not long ago, home affairs minister Lt Gen Ronnie Shikapwasha described Patriotic Front (PF) president Michael Sata as a shameless old man. Some people might have felt that Lt Gen Shikapwasha was being hard on the old man Sata. But things have to be called by their names. Sata is, in truth, a shameless old man
ANOTHER ONE FROM THE ARCHIVES
The eagle is trapped
By Editor
Tuesday October 23, 2007 [04:00]
Some lies and half-truths are so obvious that they do not need a rocket scientist to be detected. Much as Patriotic Front vice-president Dr Guy Scott might want to defend Michael Sata over his request for US$50,000 from Taiwan for his continued campaign of discrediting China, it is clear that his boss has conducted himself in a very dishonest manner, not only to his party but also to his financiers.
FROM AFRICA CONFIDENTIAL IN 2005
Constitutional wrangles worsen, the corruption trials falter but the economy picks up
The proposed new constitution would reduce presidential powers and entrench fundamental rights and freedoms (AC Vol 46 No 3). President Levy Mwanawasa doesn’t like it – even though it’s drafted by a government-appointed Constitution Review Commission (CRC). Mwanawasa fears that, if the constitution is enacted in time for the 2006 elections, the opposition may team up and defeat him. He won in 2001 under a system which gives victory to the candidate who wins most votes; the CRC proposal is that the winner would need half of the total vote plus one vote, with a second-round run-off between the two front-runners if nobody wins outright on the first try.
#71-74 -do not divert the topic. We are not concerned about these issues you are talking about. MMD is the govt ruling NOW . Sata is an individual who is not running the country it is RB and MMD. Elections are in 2011.We want to hear discussions that hold them accountable for their activities in 2009. People need jobs, healthcare, education, and food. What is MMD doing to improve the lives of local Zambians ???
Half the blogs today are the usual senseless rubbish. Unable to contribute.
One word for everyone regarding this topic……….what goes around will always come around……
#7 honestly how can the zedians forget about this issue and concentrate on no more stealing when almost every zambia knows they can easily get away with it. aka akapondo shall always be zambia’s most hated person.
#50 and 56; note that; Growing as nothing to do with real intelligence and analysis. You two guys are some kind of ignorent people. The law says ” anyone is inoncent until proven guilty ” Dont you respect the verdics of our motherland courts ? People should abide by the rule of law and its offsprings so to speak; Think in that vein my Dear ! Are you yourself a real Zambian or not ? .
KU TWISHIKA.
ichi chikabwalala chili free aini, Banda nabo ninshi umwenso, tulefwaya impya chasendele, uko kunigeria chaile mukulowa ukuti abantu belalandapo pampiya chaibile, chimoneni ubwipi, akakashi nako mmmhhhh?
Madof’s money scandal in US, the case took only 3 months nd the guy was given a gift of 150 yrs in jail,african leaders yu should change yo atitude, somebody has squandered the government funds and he’s free 2 go to nigeria, lekeni ukulelana nga abana abnono?
But Regina, how does it feel to be touched by a man the same size as Grade 3 primary school boy. She left her Husband for this. and you husband gave you a car and a house.