LUSAKA lawyer Kelvin Hang’andu has appealed to the Supreme Court against the High Court’s dismissal of his petition over the decision by the Director of Public Prosecution (DPP) not to appeal the acquittal of former Republican president Frederick Chiluba.
Mr Hang’andu also wants the Supreme Court to stay execution of the ruling until the appeal was heard by the superior court because it was of the extreme urgency and needed determination within 30 days.
He said this in his ex-parte summons for leave to appeal to the Supreme Court and for stay of execution of the ruling in Lusaka yesterday.
Last week, Lusaka High Court Judge, Gregory Phiri dismissed Mr Hang’andu’s petition because it was improperly taken to court and that its cause was speculative in nature, form and bore an unclear cause of action.
This is in a matter in which 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.
Mr Hang’andu stated ,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.
He said in his grounds of appeal the trial court misdirected itself in dismissing the petition because the appellant had neither executive nor administrative action taken or threatened against him in relation to Dr Chiluba’s case.
“The honourable court misdirected itself in dismissing the petition, on the ground that it was improper for the appellant to have found his cause of action on the mere fact of his being a Zambian citizen,” Mr Hang’andu said.
He said he could still prove his case on a balance of probabilities since even the uncorroborated evidence of a single witness was at common law sufficient to establish a civil claim.
Mr Hang’andu said the court misdirected itself by arbitrarily barring a genuinely filed appeal on behalf of the people of Zambia against Dr Chiluba’s wrongful or unfair acquittal that was deliberately misdirected in point of law.
He said his petition was too remote to sustain a challenge under Article 28 of the Constitution of Zambia was barring the citizens from questioning the State’s conduct of the criminal prosecution.
Mr Hang’andu said the foregoing circumstances and evidence set the Government above the Constitution and the Laws of Zambia or otherwise above the rule of law.
He said alternatively and without prejudice the private chamber hearing invoked to hear what at law ought to have been a hearing in open court by notice of motion on preliminary point of law was fundamentally irregular.
[Times of Zambia]
Keep it up Mr Hang’andu. This is real patriotism. You have our suport and you are representing the silent majority.
Hang’andu’s whirl wind chase is clearly a vendetta mission in league with some other dark forces who want to portray a picture of a crisis in the nation for ulterio motives. Judge Phiri’s judgement made sound sense and one wonders why this lawyer is so insistent on the FTJ case. The nation should concentrate on developmental issues and not rancour being propagated by some vengeful tabloid as a systematic way of sowing seeds of disccord against the government of the day for the tabloid’s own pocket agenda and self-preservation.
# 2 You are spot on, We are hearing the same suspects making noise here and there so that the Nation should forget about development and continue the Chiluba Crusade, this is sad. at the end of the day we start complaining that Zambia is not developed. Hang’andu missed out on the Dollars Mutembo Nchito ripped as a result of this case, he is hoping he can have some spoils. Sorry you are late, you can ask your learned colleague top give you a share from the money he got for 7 years.
#2 and 3 Dont talk about national development when your MMD is failing to recover $50m+ from Chiluba. This money must and will be rcovered. Any patriotic Zambian should be worried and annoyed to see a chap who has caused all these problems walking tall and guys like glorify him. Yaba S H I T
#4… how much money has been spent trying to recover USD500,000. lets not just support anything that seems to be anti -govt (RB).
we should also look at the caliber of the lawyer involved. this is one was de – registered a few years ago for embezzling client funds. where is he getting the thrust to push such cases?
zambians wake up… there are people in this country who think they can manipulate the direction that the country takes. sad thing is that some opposition parties, ngos etc cannot see beyond this.
It appears that some people will go to their graves still hating Chiluba merely because of what they have persistently read in the press especially The Post.
The courts proved Chiluba innocent, period! Those insisting on him being re-prosecuted need to be procecuted themselves.
I wish someone could translate this post for me . I’m confused by the legal jargon.
If there’s anything I can do to have this criminal Chiluba chained, please contact me. This man must be chained for the crimes he committed against the Zambian people – stealing even the little they had, and stealing someone’s wife. This petty, little, miserable pygmy must die a shameful death and his sour flesh must be burnt before it stinks and pollutes our air…Death to all hooligans, bandits and thieves. How can we forget and forgive so easily?
I smell a rat! some of you seem to like what these ba mukukulu have been doing to our country. We have so many educated fools in Zambia, hence we never practically do not do what is right. If some one has stolen, allow the law and courts to do its duty. Instead some fellows interfear with the state machinery just to have certain greedy criminals saved from the wrath of the jail. We should be ashamed of ourseslves. Fools like number 2,3,4,5 and 7 must have benefited from the loot that Chiluba had stolen from our country. I guess you are all in Zambia enjoying the filthy sights around the city. You must travel around the world and make comaprisons so that you can start making comparisons. FOOlS!
viva FTJ! ……
Hangandu my friend good luck!!! U will need it coz u know that u are losing becoz your merit apart from making a name for yourself has absolutely no merit. Hangandu the Constitution is very clear…Y the hell should, in your opinion, the DPP consult the AG? The Constitution is clear the DPP consults no authority only when he decides and you do not decide on his behalf. You are a lawyer mate that Article in the Constitution does not need any rules of interpretation apart from the literal one. Sorry mate!!!!!!
No. 9- Chiluba did not steal anyone’s wife…she is not anyone’s chattel. She said yes to him and perhaps she is the one who stole him from the wife. Matters of the heart are a problem!!!
#13 at least ask your kafupi to give back the money stolen from Zambia. Just imagine Zambia has to still pay for Chiluba’s issues like Dr Chongwe’s case… when will this shorty stop stealing?
#12 &13 Slowthinker indeed, ever heard of the infamous KASHIWA BULAYA case? for your ears, this man Mchenga pulled a Nolle’ proscui claiming there was not enough evidence for the same govt to nail Dr Kashiwa Bulaya. But alas, the public as usual cried out and when the case was re opened, Kashiwa was found with a case to answer and as am blogging, he is behind the bars. Do you know who influenced Farai to enter a nolle’ ? its George Kunda the LIAR.How i wish he was a LAWYER but am sorry he is BIG LIAR. Carolines Sokoni’s letter which up to now is hidden will shed more light on the operations of the DPP. With this little staff i hope you will now know why the public and indeed Kelvin Hang’andu is appealing. Yes by law the DPP is not answerable but try to THINK faster. look at who
contd from #15
look at who commented on chiluba’s aquital, the president of all people did say something that has now become a benchmark to prove that the boy Mchenga was pushed against the corner. look at what mike umulongoti said also. this information is in the hands of FAST THINKERS and you may be left behind boy. Mchenga was compromised and its on this issue that LAZ is asking for his resignation of which he can do because the constitution gives him power to resign. going the tribunal way is too costly as we have seen in the latest DORA Silly tribunal. so its up to you to think Hang’andu has a personal vendetta or not against chiluba or Mchenga