HIGH Court judge Evans Hamaundu has set aside an order that was granted to the Attorney General in July 2007 to register a London High Court judgement against second President Frederick Chiluba and seven others because there is no such provision under the Zambian laws.
This is in a matter in which Dr Chiluba and seven others asked the court to set aside the order made in the High Court granting the Attorney-General leave to register in the Zambian High Court, the London High Court judgement against them by Judge Peter Smith.
High Court judge Japhet Banda, now deceased, had granted leave to the Attorney-General to register the London court judgement in the Zambian High Court under provisions of the Foreign Judgements (Reciprocal Enforcement) Act of the laws of Zambia.
The late Justice also allowed Dr Chiluba and co-defendants, Xavier Chungu, Attan Shansonga, Stella Chibanda, Aaron Chungu, Faustin Kabwe, Ireen Kabwe and Francis Kaunda seven days within which to appeal.
The defendants challenged the registration of Judge Smith’s judgement in which they were found guilty of allegedly stealing US$46 million in a civil case.
The application to set aside the order made in the High Court, allowing the Attorney-General to register the London court ruling was filed by Dr Chiluba, Mr Kabwe and Mr Chungu.
In a judgment delivered on Friday, Judge Hamaundu, who took over the case after the death of Justice Banda said he had searched in the Zambian law provisions that allow direct registration pf judgements obtained in the United Kingdom but found none.
He said the British and Colonial Judgments Act was repealed by the Foreign Judgements Ordinance 12 of 1959. And that at that time, no alternative legal provision had been made for the registration of judgements obtained in the superior courts of the United Kingdom.
“Therefore, after the repeal of the British and Colonial Judgements Act, judgements obtained in superior courts of the United Kingdom would only become registrable under the Foreign Judgements Act if and when the Governor (subsequently President) issued an order extending Part II of the Act to the United Kingdom.
Mr Justice Hamaundu said he had looked through the Zambian law for such an order, but did not find any.
“This means that the Foreign Judgements (Reciprocal Enforcement) Act does not apply to the United Kingdom at present,’ part of the judgment reads.
Judge Hamaundu said he has searched in all the laws, including the “Applied Laws” for any other statutory provision by which judgements obtained in the courts of United Kingdom could be enforced by direct registration.
He said in the circumstances, the Attorney-General should have sought to enforce the London High Court judgement by recourse to the common law, under the principles of “private International law” or Conflicts of Law,’ as the principles are alternatively known.
“For the foregoing reasons, the judgements debtors’ (Dr Chiluba and others) application to set aside the order granting the judgement creditor (Attorney-General) leave to register the judgement of the London High Court of Justice succeeds. I hereby set aside the order that was granted to the judgement creditor on 10th July, 2007,” the judgment reads in part.
[Zambia Daily mail]
Ka dwarf ! Na mafuta pamenso . Goerge Kunda and company have betrayed Levy. What a waste of resources on this case. Zed comedy !!
I cant wait for RB to leave state house next year. No doubt, the man will serve the longest sentence than Chiluba could have served and he not dubiously stoped the appeal against that dubious aquital. As long as i live, this man will pay and RB will pay with him come next year.
Yes this is a betrayal to Levy. I don’t think Levey was that daft to take the court to London and spend so much money on it if he knew that it can not be basically enforced anywhere. Something fishy here. Looks like this is a a real scam here involving the Head of State , the current Judges and Don Chiluba him self. Looks like the Mafias have taken over and am sure the Mafias in Sicily, Italy are clapping hands for these graduates of crime, the way they have raped Zambia. Anyway we know nobody will touch Chiluba as long as RB is in power. Time to move on , we have wasted enough money already on this non-winnable case. The mafias have invaded the system
If it was engineers that built a bridge; and ghat bridge collapsed killing people, the engineers could be prosecuted, stripped off their practicing licences, and that would be the end. Lawyers, whats your take on Ba Kunda? surely education has let us down, once again. No wonder we want bakaponya to come and clean this country.
#1, is it really, Levy, George Kunda and company betrayed? Or was doing justice on kafupi’s case for the interest of Levy or the Zambian people? I don’t think ka dwarf stole from Levy’s pockets. He robbed the Zambians from the coffers which were entrusted to him by the Zambians, themselves. So, stop bunging on about disappointing Levy whose interest about the money even finished with his death- if thats the case. I am appealing to all Zambians to understand that kafupi’s offences were committed against all the citizens of Zambia, including residents.
…And not Levy as an individual. So, can bloggers learn to say, “Goerge Kunda and company have betrayed the people of Zambia”, and not Levy.
#2. You sound so serious about making sure that these chaps serving their terms behind bars. I hope your seriousness will translated into a ballot paper. Or at least into convincing your relatives in Zambia since you live abroad. I also can’t wait to see these thugs in their right residences.
…Trouble is, I am de-franchised by the virtue of being in diaspora. But, I have convinced most of my relaties and friends to vote out these thieves.
Here we go again in the lawless land of zambia, for sure the present mood in zambia created by so called leaders is not pleasing, its totally animal farm mentality,yes its time to kick RB and company out of power.
“No such provision under the Zambian laws.” Didn’t the govt know this before it turned to the London court? Hmmmm
“Judge Hamaundu said he has searched in all the laws, including the “Applied Laws” for any other statutory provision by which judgements obtained in the courts of United Kingdom could be enforced by direct registration.”
@ #2 Red Card-Free at Last, which law in Zambia can be used to register the London Court Judgement (which was a civil case BTW)?
Also concerning your post, “I cant wait for RB to leave state house next year. No doubt, the man will serve the longest sentence than Chiluba could have served”, which law will you use to try and persecute him and where is your evidence??
KOMA BABEMBA MULI NA NCHITO MWANDI…! Chiluba, Chungu, Shasonga, Kabwe and Chibanda.
Isn’t this too much of a coincidence on their tribe? Can you read something?
Just curious: In what field of discipline did Mr. Chiluba earn the title of “Dr.”? I’m just curious, nothing out of malice please. Anyone with information on this out there?
Number 13
It was given…he never wrote anything for it…EVIL RULES AGAIN IN ZED…
In my own personal view, I believe in the word “every dog has its day”. Chiluba may feel the freedom now, but he will pay for the stealing from the masses of zambians who work so hard and still struggle to sustain their families. While this Lazo thinks he has gotten away scot free, its a matter of time when the wrongs are made right, if not him, his children (since we dont know whether he has relatives in Zambia). Fellow citizens, dont fret, he will dance the jailhouse rock soon – let there be change of govt next year, you will see how these Lazos flee out of zambia including bwezani and dickhead william will be heading east, and I dont mean eastern province but beyond.
#12 we are now in the 21 Century…or are you still in disbelief after surviving xenophobia in SA?
It is just a matter of time, they saying goes “every dog has its day” and kafupi chiluba’s day is coming. He may be smiling exposing those rotting gnashers, but once there is change of govt in zambia, the chap will flee because he has nobody to reprieve him. The current mmd administration has done so much financial damage to the nation, that only 2 options are available to them, Jail or Flee the country. Hence the hallucinations of ailing kunda that they will be in power till 2030, because they know that they have committed so many crimes against the citizens of zambia. Still the law dictates, no matter how it may be manipulated or mutilated, somehow new administration will deal with these Lazos.
MrMR. CAPITALIST -3 E’S STEERING ECONOMIC GROWTH..# 11 really can you still give support to this dwarf? kwena you must be very ****ed up? now i forgive you if your parents are separented or are still together , i guess ka chiluba sold utufyashi tobe akang’anda on the price of k1000..thats why in zambia you have a long way to go…muchili notulo pamenso! chi country is now like a rubish site and you are busy supporting blindly ..bushe abafyashi bobe epobaba wechinangwawe…?
@ #17 CHIWISO!
My questions are legitimate. I simply asked a few questions and if you know the answer, you might as well give it instead of responding like a deluded, flip flopping, nonsensical PF cadre.
All you have done is attack me. You have failed to answer my questions. I don’t blame you, I blame the PF=Mr. Sata (Master of Ceremony at funerals, 90 day economic miracle specialist) party because they are the only ones who can teach such a way of responding to legitimate questions.
I challenge you to produce a quote on #11 where I have stated that I support Dr. Chiluba. All I have done is ask questions instead of jump to conclusions like the PF=Mr. Sata (Master of Ceremony at funerals, 90 day economic miracle specialist) does.
Either answer my questions or shut it.
Even in developed countries such as America there is one law for the rich and one law for the poor. Dominick Dunne in his TV series, “Power, Privilege and Justice” tried to show that criminals with money and clout can circumvent the judicial system and O. J. Simpson was a classical example. It does not matter who is in power. After all had there been no inordinate delays in the execution of FTJ’s case under the pretext of attending medical reviews in RSA the verdict would have been known during LPM’s lifetime. Although convicted, a number of rich and influential people are still not in jail. The case for Mpombo who ceased to have political clout was executed at break neck speed.I believe one person who was jailed is being kept in a hospital.
Kadoli is free at last!!!!!!!!!!!!!1
Chiluba has gotten away, just like all those corrupt British MP’s that went on the rampage of claiming dubious allowances and never got punished, including Tony Blair, Gordon Brown, David Cameron and the whole ShaBang team
Sad day for Zambia. Whether the Law is not there to allow the Evans Hamaundu to take proceeding, Zambia has been dribbled.
This was expected and I guess Chiluba will become so pompous when he starts standing on his pulpit preaching his gospel. I thought Zambia was going to give an example to African leaders who run governments like personal businesses and end up getting away. Hence lock up Chiluba.
Continued from 21 #
PF Sata, should not even start spinning on this one. Sata and his cadres rejoiced in going to the Airport to welcome Chiluba when arriving from his medical checkups is SA, purely because it was in aid to win more support for PF. He was the one that tried to campaign for Chiluba’s Third Term. Then again, he will bark like dog condemning Chiluba & RB so that he can look like an Angel
RB may have found this case when he entered Plot 1, but his association with Chiluba is a bullet on his own foot
CHIWISO! 17##
If you have nothing to offer, do not waste your time posting your filthy and dirty laundry on this blog. Most of us do agree with this judgement, but there is no need to take your frustration disrespect someone’s parents on this blog.
Are your Parents so ****ed-Up? It sounds like they are…
18 # MR. CAPITALIST – 3 E’S STEERING ECONOMIC GROWTH – just asked a question and if you do not have an answer just keep Zeeeeeep and take a back seat.
The judgement is a painful thing for Zambia. For sure Chiluba is a THIEF and he stole the money. It’s just that the Law has failed to apply on technicalities and therefore, Chiluba is escaping a jail sentence. No need to be insulting each other on these blogs. Chiluba should be serving time for his crimes and the law has let us down.
If we have no provision in the law let it be so dont argue out of emotion…
If (BIG IF) A LAW IS DRAWN up to accomodate the london judgement you will be the same people saying a law passed only to sort individuals out
#12 iwe chi kala,shansonga mu tonga wabe tole
so imwe bonse ba mbuli muledandaula,mulenjeba ati mwalikwatisha amano ukuchila ba judge hamaundu? twebeni kaili epo balemba ifunde ati iyo london jajimenti kuti yapasa mu zambia.mwilaba no mufimbila ne mpatila ba levy nangu balipakufwaya ichishinka apa pena balipupumina tabachitile risechi bwino pa mulandu uyu
A LAWYER FORMER PRESIDENT, ATTORNEY GENERAL NOW VICE PRESIDENT ALL FAIL AT LAW. Why? There is more to Chiluba’s prosecution than meets the eye. London judgement was window dressing for donors. It worked wonders. Now justice has been done. I only urge Chiluba for probity’s sake, to reveal his source of funds.
Only the blind did not see this coming.
:-? I hope he can now go sit somewhere and not show us his face. Botswana sits alone as a democratic powerhouse in Africa Love Jesus people our only salvation :)
mukwai muleke no kunyelako amafi ba chilluba bakaele.icho chintu na sata nangu apolilkapolika alishiba echo aletwalila na bantu bakwe ku airport mukushana lyonse elyo ba chiluba baleisa
I saw this coming, this is no suprise. The beat goes on and so must the song. Vengeance is mine, says the lord.
Ba Zambia!! twabepwa.Ama boyz balikwete method iyakwilamo.
baikuta balaba,ukakakwa George Kunda,Ba Kaunda balingile nga George
ichingakanya chishi.
Am no expert in law, but the only question is WHY DID GEORGE KUNDA ALLOW THIS TO GO ON IF WHAT THE HON JUDGE HAS EXPLAINED IS ACTUALLY TRUE AND NOT JUST A FABRICATION BY RBTO LET GO OF CHILUBA?
I now believe what VJ said when he was being persued by the task force, that they where chasing the wind! Indeed this FTJ case has been a costly circus and I wish the resources spent could have been wisely used on other projects. We have found ourselves in this situation because of the lawyers,they made money out this case when our hospitals donot have drugs.But one painful reality is that Dr FTJ and Co.didnot perform in the interest of the people.
Ladies & Gentlemen am sure every sincere Zedian now knows that R.B & company do not mean well & are there to steal & destroy all the good works achieved by his predecessors. They are a gang of dangerous thieves & if allowed to rule i know what will remain of Zambia. R.B & gang of thieves MUST be voted out for the sake of our children but sadly there seems no serious opposition & so slavery continues
Sad as it may be…i really dont know what our learned laywers Association of Zambia think about this. I suppose two three months ago we heard that Mr Chongwes case was registered and was going to get some Billions of Kwacha which law did they use. You know we request all of you who have done law to explain to us. i wonder how people like Mr Robert Simeza feel . We have a person who plundered the country and they go freely i really dont know where we are going.
What i know is just beacuse RB wants at all costs to get votes in Luapula he will do his best to get chiluba off the hook….am sad coz like most bloggers have suggested thats our tax that was plundered.
It seems names given to children also matter. Why name yo child as ” BWEZANI” meaning “backward”. Now whatever R.B does takes the country backward. Its like he is being guided by evil spirits of backwardness according to his name. 4 him its now backward ever & forward never. He is now busy dismantling all good things. But chimudala ichi.
Number 37,for real which law is being used to pay Dr Roger Chongwe,i all i know that judgement was made in Australia
#12
WANU NGWEE says: KOMA BABEMBA MULI NA NCHITO MWANDI…! Chiluba, Chungu, Shasonga, Kabwe and Chibanda.
Isn’t this too much of a coincidence on their tribe? Can you read something?
Iwe uli chipuba who tells you all people from Luapula are Bemba Don’t you know the have other minority tribes, mwila chita generalise ata kutumpa uko pantu ne fipuba fya pa KMB fibomfya ichibemba that does not mean ba bemba Kaboke ta sha umutuntu,wonse umutundu walikwaka kaboke
Mhhh sure you have no layers nor judges in Zambia. They are all dull creatures who prey on Zambians.
So it means Kunda and Mwanawasa plunderered our tax coz they knew very well that the case would not be registered in Zambia. But what about the Rodger Chongwe Australian case which the Zambian gonvernment registered and payed Chongwe billions of Kwachas?
mhhhh very confusing imwe tu ma layers in Zambia explain this stu.pidy thing.
And let us arrest kunda for plundering our money……Kunda is really useless creature.
Kunda was very busy prosecuting Chiluba in the London Court Judgement. Kunda is senior at Law than Hamaaundu, How come he failed to understand that this Judgement will come to pass like this. ANY WAY, REFUSAL OR SQUASHING REGISTERING A CASE IN ZAMBIA DOES NOT MEAN CHILUBA DID NOT STEAL. THE JUDGEMENT IS VALID AS DELIVERED IN U.K. CHILUBA IS A THIEF. PERIOD.
#41 Mboo says:
August 16, 2010 at 9:02 amMhhh sure you have no layers nor judges in Zambia. They are all dull creatures who prey on Zambians.
So it means KUNDA and Mwanawasa plunderered our tax- This the question I want some one to answer. Kunnda has nmorals and not to be a VP
# 27 I agree with you. Levy was full of vengence and hatred for Chilubu bcoz he believed Chiluba engineered the accident that left hin a cabbage, and of course he was not happy to be a cabbage. And so he vowed to punish Chiluba and hence that selective fight agaist corruption, otherwise that loud corrupt Mabenga would be behind bars just to mention one case. In addition Levy and membe worked together to have Chiluba convicted because who doesn’t know that Levy and Membe were eating money together and hence the friendship
Let’s respect our laws. Chiluba is still innocent. The Judge said he can not register a UK verdict in Zed.. I actually agree. The problem with pa Zed is that if you hate a guy u will even disgree with the courts.
LT why remove my posting bane
:d Therefore, after the repeal of the British and Colonial Judgments Act, judgments obtained in superior courts of the United Kingdom would only become registrable under the Foreign Judgments Act if and when the Governor (subsequently President) issued an order extending Part II of the Act to the United Kingdom.
This is excellent judgment by Hamaundu. He is saying that the Zambian President is to blame for lack of legal basis to register this Judgment.
Mr. Justice Hamaundu is saying that this judgment could not be registered because Mwanawasa before he died had not issued an order extending part 11 of the Act to the United Kingdom, while RB has developed cold feet to do so. Therefore Mwanawasa is to blame for this
Kunda refused to go to the london high court. he was forced by levy and his homo clique. So when Kunda speaks and produces records of what he had advised and what mukelabai had also advised you will see the truth. it will be interesting to see what post will say. Judge Hamaundu is a very well regarded judge and lawyer and in fact he is a UPND sympathiser. so now are they going to accuse hamaundu as well. the man says he searched all the laws and found nothing to support the decision by japhet banda (deceasesd after playing with fire)
bane the case is over. the same useless eviudence was brought before a criminal court in zambia and at the end of it all chiluba was charged with theft of only 500,000 dollars!!! now surely if the london high court claims the man stole 45 million dollars why did mutembo fail to prove that amount of money in a proper criminal court??? thats because the burden of proof in a criminal case is higher and must be beyond reasonable doubt whereas in a civil case like the UK one it is just on the basis of balance of probability. i dont understand why the LAZ does not educate people on these matters. In fact Judge Smith has been found to be insane and is no longer a judge
Viva.. you the man.. you have made my day..i enjoyed reading thru your comments.
The hand of RB at work! It pays to lick the boots of the people in authority coz FTJ is going scot free. Next, they will secure an acquittal for Regina for her sentence!
Viva, you seem to know your stuff. What next now and could you dish out some stuff about Lawyer Kunda and Mukelebai advised Levy?
For us Engineers, (and indeed most of the folks back home), the evidence is very clear, Levy knew what Chiluba did and the whole case seems very clear! If FTJ has all the accusation quashed, Zambia is doomed! FTJ will start choosing presidents from now on! Forget the elections and the Democratic rubbish, we have Lawyers (George Kunda is the most stupid Lawyer ever) who fail to uphold the law. What chance have we got. The Luapulan are all thieves…. Givng Bembas a really bad name.
A lesson learnt is that when we plan to fix others we must put everything in order. Levy has been praised so much as though he sorted out all our problems. He lamentably failed to give us a constitution as a learned lawyer. This was a legacy on a silver platter but alas. Levy only pursued FTJ after “finding” out something not that it was his agenda. Levy went to bed with vultures and failed to deliver the constitution. On the issue of FTJs cases, he didnt study the matter properly but with emotions just went and removed FTJs immunity. George and Levy blundered big time. Forget about what we are seeing now. It is the same Levy that allowed Roger Chongwe to be compensated on an Australian judgement without citing the exact statutes to use. He bungled issues and let us not just jump to
conclusions. Thats how a cancer works and this is why we ought to be holding govts accountable. Levy with George should have sat down level-headedly looked at all these things. Why would Mutembo be talking about USD 500, 000 when the London court is talking about $46Million? Let the lawyers educate us. Remember that this development doesnt clear Chiluba. He still remains guilty but that his case cant be enforced in Zambia for lack of laws to support that. So for those that continue to call him a thief are actually very right and this is why the man cant sue them for it will mean the case reopening!!!!! He remains guilty as charged.
Here we go again.What happened to $20m arms deal?0 0-Nothing.Zamtrop$8m?Nothing.Fuel tankers.Nothing$1m Suits Nothing.Nipa Zed chabe….
It’s like we have become so used to sin that we no longer see it a a vice. But rememmber, we can decieve one another but we can never decieve God and we no one can get away with what is not his/hers. So the right judge will pass his sentence in all fairness. It’s just a matter of time.
The guy even luagh at those who support him pantu knows the truth and people busy supporting thinking
akabachekelako…!!!!!!!! ukushishita.
MK #54 & #55, Chiluba has not been found guilty of anything, he was only found liable in the London court. In civil courts there are no guilty verdicts unlike in criminal courts. Chiluba was found not guilty in a criminal trial in Lusaka. In legal terms, and despite what people believe, Chiluba is not a criminal and has no criminal record.
Though the high court of Zambia has failed to register it, Chiluba still remains a THIEF in the eyes of the world. When ever he is obtaining a visa or when he is signing certain documents overseas when there is a question HAVE YOU BEEN CONVICTED OF ANY CRIME OR TAKEN TO COURT BEFORE the answer he will fill in is YES. He can pretend to be free in Zambia but his not in the WESTERN COUNTRIES. The actual judgment was in U.K.
Pa Zambia paliba comedy,Kapoko alyeko ati plunder but bambi no problem.
Chiwamila galu kuluma mbuzi
Stop the insults imwe mwe fipuba (amafools). Judge Hamaundu is right. If the case had been registered, it could have hijacked our judiciary and Levy being a lawyer made a very serious mistake of dragging Britain into our affairs! What a poor vindictive lawyer trying to win kudos from an imperialist power! Sober up you haters!
Kumuneni ifilamba bane … what we sow we shall reap in due time!!!
MK 54 you are right. Ama bloggers ubututu and hatered just like the man who was awken from death and vindictive he became. You guys can kill!
# 50 you are right! Aba abantu ama stone throwers keep throwing at people as if they have no sin!
zambians or rather africans,can you bring a former head of state from UK to come and face charges in zambia????,Viva Gadafi,viva libya…..
This judgement is so clear, very simple and straight forward, no legal jargon at all. If Judge Hamaundu was wrong, even a PF kaponyax would challenge him on a point of law. But the Judge is absolutely right on this one. Just think for a moment if you were the accused, and the Judge decided to ignore the law and register the London judgement, how would you feel about the law in Zambia? We must learn to respect the law as it is just about the only thing that is blind, well as blind as possible. A few years ago the law saved SOMEONE from the gallows for theft of motor vehicle, that someone of course is none other than kubwata bwata PF=Mr. Sata (Master of Ceremony at funerals, 90 day economic miracle specialist), why shouldn’t the same law save Chiluba, or you and me today if we are…
….if we are innocent?
#41 whether it’s Bembas who have a problem (natolafye) or it’s the the scheming in this world which is the problem remains a matter of debate up to now. Bemba’s have ruled so far and history has judged them. A Lamba, Mwanawasa did not live to finish to be judged accordingly, did well to the time of his death. Ba RB Katwishimwandi. The whites enslaves anything that came in their way and still economically enslave us all. I’ll stay here ‘abroad’ where stupidity does not affect me but is there anyway and am not bothered!!
Law or low…………………twebeniko.who registered this case in london GRZ TEFYO…its all comedy…Let Jesus come mweee
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