THE Supreme Court has set February 11 for the ruling in a preliminary matter in which former President Frederick Chiluba is challenging the enforcement of the London High Court judgement in the Zambian courts.
In the preliminary matter, Dr Chiluba, through his lawyer John Sangwa, is questioning whether the Zambian laws allow for a foreign judgement to be enforced in the country.
Dr Chiluba appealed to the Supreme Court after High Court judge Evans Hamaundu refused to hear the preliminary matter, stating that the court could only hear the issue together with the main case.
The former President is asking the Supreme Court to make an order to force the lower court to hear the preliminary matter.
The bench comprised Deputy Chief Justice Ireen Mambilima, sitting with justices Dennis Chirwa and Sandson Silomba.
Mr Sangwa told the court that he will rely on the heads of argument as grounds of appeal.
Solicitor-General Abyudi Shonga also submitted that he will rely on the heads of argument.
Two years ago, London High Court judge Peter Smith reduced damages against Dr Chiluba to US$57.4 million from the US$58.3 million he was earlier ordered to pay the Zambian government in connection with the Zamtrop and BK conspiracies, and for the breach of fiduciary duty.
And the case involving Minister of Education Dora Siliya has been adjourned to February 17, 2010.
The appellant’s lawyer, Bonaventure Mutale, told the court that the record of appeal was incomplete and asked for more time.
A tribunal was appointed to probe alleged breach of the Parliamentary and Ministerial Code of Conduct Act by Ms Siliya at the time she served as Minister of Communications and Transport.
Ms Siliya was found with no case to answer on all the charges, which judgement former Minister of Communications and Transport William Harrington is appealing against.
Meanwhile, the matter in which directors of the defunct Access Financial Services Aaron Chungu and Faustin Kabwe have appealed against a High Court judgement in which they are seeking the disclosure of a memorandum of understanding between the Task Force, Government and donors comes up on February 17, 2010, for hearing.
[Zambia Daily Mail]
Mukayopela chani kafupi kansi? Kagwileni chabe!…. chakuti sikazabwezabo nafuti. Just like those poor chaps who were arrested for stealing goats because of njala!!! Why double standards? Atese!
I hope the judges on the supreme bench are for once going to show some spank and nail this pygmy. If they cannot, maybe its about time some patriotic Zambian shot him to death to teach him a lesson that what he did to this country is a heinous crime, unforgivable one whose only commensurate punishment is a death penalty.
i hope they can throw this chap in prison
My dear Zambian people, take a close look and analysis at the amount of your money in question. This man and co-hosts were aimed at finishing off the country and still are. Any Zambian worth his/her salt and stand-out and condemn this kind of plunder. What’s been done to his former defence commanders must be extended to him in a a geniune leagal manner. should the current regime help him out there time is coming too. Lives have been lost, poverty and unemployment are on the increase. Throw him in and loose the keys.
Whether NOW or AFTER NEXT YEAR’s ELECTIONs. Kafupi has to go in Prison and rot in there for good. We will see who has the last laugh! Zambia has no place for Kafupi. And maybe the home he wants built should be at Mukobela. Mulongoti, can you look for land for FTJ inside Mukobeko!
so if judge SMITH of the london court has no jurisdiction then why did LPM gov take the case there. what about the millions the government paid those lawyers from UK, was it in connection with this case? if it is then LPM is just as bad, paint a picture that you are chasing a thief yet instead you are escorting the thief to freedom showing him short cuts. people would nt have supported mwanawasa if he had nt started this corruption fight. my conclusion is that Levy didnt want chiluba inprisoned, they were mates, instead lets cheat the people into thinking im against you, in a few years time you will be a free man.
At times you wish these were old testament days when lightening and the ground would open up to swallow evil doers against innocent people. Let them Aquit this and remember any righteous people out there when you take office it’s your duty to assure justice for the down trodden.
#1 aka kamuntu bakayopa pantu kazabaulula, actualy the other guy is lucky becuase he died(LPM), others like Sata ,was the master mind . Eric was the errand boy and the chief peddler was HH.That is why these guys are campaining so hard to go to state house so yhat they can protect themselves .
theres totally no justice in zambia..wher ahve all the patriotic lawyers and judges gone to?cry my beloved country..tat man is a thief and deserves to be behind bars…
Zambia is in the hands of dogs,so help us God.
In the last case, RB said he would have been sad if FTJ was convicted. Is there any reason why we should think this will turn out differently other than in favour of FTJ?