By Gerald Nkisu Katayi
While reading something a few days ago, I came across these words, “The Justice Sakala led judiciary and the Banda administration is like two pregnant women trying to nurse each other. In other words, it’s like trying to cut rotten meat with a blunt knife”. Immediately I began to reflect. A few years ago a farmer in Makeni had green houses where he cultivated cannabis illegally; when arrested the courts only demanded that he pays a small fee. Yet from the same courts, a poor man with less that one kilogram of cannabis is imprisoned with hard labor.[pullquote]The Justice Sakala led judiciary and the Banda administration is like two pregnant women trying to nurse each other[/pullquote]
Looking at the cases of Mr. Chiluba, MP Mushili, Mr. Mpombo and Ms Changwe reveals a lot of disparities. Chiluba’s acquittal and now that the London judgment can not be registered in Zambia remains a mystery. Mushili who was going to defraud the government and the people of Zambia out of millions of Kwacha was only told to sweep offices, nothing else. Minister changwe who’s cheque bounced is still a free lady. Yet Mpombo’s bounced check has sent him to prison and a fee. Could these be normal discrepancies?
A question might be asked as to why I am reflecting on these matters from the courts of Law. As a citizen I should. “… The same way that we have duties as citizens, the judiciary also has duties. One of the most important duties that the judiciary has is to ensure that our people retain respect for it and confidence in its ability to apply the law equally without taking irrelevant considerations into account…” The Post.
Some thing must be wrong with our judiciary system. I think! Either the court officials are ill qualified in the matters of law or they are just opinionated and don’t have any regard for the law. Worse enough if they are dancing to the tune of politicians… “The cases involving Chiluba seem to have taken on a mysterious character… We say this because in relation to the now infamous Chiluba acquittal, the magistrate who delivered the Chiluba judgment mysteriously adjourned the matter on the Friday that he should have given the judgment and did not bother to explain to the public why the extra weekend was necessary. That in itself raised all sorts of suspicions and did not help to increase the confidence of the public in the decision that was passed. In the case of the registration of the London High Court judgment, another unnecessary controversy has been created, which will no doubt lead to all sorts of speculation. Judge Evans Hamaundu’s decision was being anxiously awaited by many of our people. It had been announced that judgment would be delivered on Wednesday, August 18, but somehow, this judgment was quietly released five days before the expected date in a way that ambushed our people…” The Post.
If the courts wish to maintain the sacredness of the judiciary and their officers worshiped, judges should make their decisions just; they should not behold plaintiff, defendant, nor pleader, but only the cause itself. Justice is the insurance we all have on our lives and property and politicizing it is creating a catastrophe for the whole nation. Justice is the bread of the nation; it is always hungry for it.
Well written article & heartbreaking that pa zed such tolerance to injustice is became the tune of the day, surely this gov. will 1day pay for its sins & the seed of poor governance will indeed haunt them. This is throwing the nation to the D.O.G.S… Between Charle taylor & Dr. Chiluba I see so much commonality in cruelity, pathetic & disregard to the law. He feels with a few corrupt connections with the gov. of the day he can walk free, nevertheless the world is watching & my pray is that they press so hard on the London judgement & disorientated absurdity. This is the only way he[Dr. Chiluba] will go down & pay for his sins against the beloved people of zed.
Somethin is terribly gne wrong wit our judicial system under the banda regime,the courts hav bcom impotent,at the same tym our police hav bcom useless, allowin pipo lyk william banda t hack defenciveless citizens,this is a recipe for lawlessness
our judges have been bought by RB administration, no doubt about that. Now what matters is where does your loyalty lie, which party do u belong to?
SAKALA,LAZ(LUNGUS) & RB are one-no doubt-sunga wako.
You should also have included the case of the poor man who stole a bicycle and got imprisoned for 20 years with hard labour! And the Supreme Court agreed. This is inexcusable.
Iam very annoyed with what is happening in this country! where are we going if the Judiciary cannot be impartial????
A man steals a cellphone and goes in for 15 years, a bicyle 20 years, Mushili defrauding government simple imprisonment. I appeal to the president to pardon the bicycle man and the cellphone man. Our justice system is threatening. There is no justice in the land anymore.
Author, good issues raised. In future, dont dweal so much on qoutes or if you do so, then spend time to advance your opinions and conclusion as supported by your qoutes. Dont spend the whole paragraph qouting the post without you add your views. Well done. We agree on these issues and as a govet in waiting, we shall address all your concerns next year after we form gvt.
Zambian judges have got no integrity nor dignity. Their decisions are based on how rich and educated the person is. Lets just say the law is purely made for poor people. And for sure “its a crime to be poor”
I just feel for the innocent souls languishing behind bars due to miscarriage of ‘justice’ more so bcoz of people who’re at peace with living lie!!!
Its digustingly embarassing. There is no shame in what these so called learned judges are doing as long as you keep your job. Insala mu zed is the biggest problem.
The article actually speaks my thoughts aloud. We have a problem and I think some of our judges have just put their future in jeopardy.
It surprises me that people who were yesterday ready to send Chiluba to gallows can to day interpret the law differently. Chiluba could be innocent but the way the whole issue has been handled has left Chiluba with no ground to stand on if any new government in future decides to resurrect the cases; the Magistrate that set him free did NOT SAY CHILUBA DID NOT STEAL BUT MEERLY SAID HE WAS CHARGED WITH A WRONG CASE. Now our good Judge tells us that a foreign case cannot be registered in Zambia. BUT AS IN THE FIRST JUDGEMENT, WE ARE TOLD THAT CHILUBA STOLE. So where does this leave my Mudala? No shield at all.
Do we really need couts in Zambia? To serve or to oppress us? To convict innocent lives and set the criminals free?
MUSHILI, CHANGWE AND MPOMBO-Mushili’s case is more severe than that of Mpombo, but although he belongs to PF and is well know business man in Ndola, THE FIRST OFFENDER PLEA WORKED FOR HIM. Changwe’s case is not very much different from that of Duiker, but the difference is the DPP HAS TO GET PERMISSION FROM WHOM WE ALL KNOW. THE ONE WHO REFUSED TO APPEAL CHILUBA’S ACQUITAL. So poor Mpombo has to face the law to the maximum so that he can be taught a lesson. But this is bad for the country, because the new government will spend its first term to SORT OUT MMD MEMBERS AND DEVELOPMENT WILL SUFFER.
Bloggers, we have read and seen the extent of damage caused to our judicial system. My appeal to dear loving Zambians, let us pray for 2011 to find us in good health. As far as I know these people do not see anything wrong with the system because to them everything is normal. People have stopped shading tears because they are dehydrated. Keep well real Zambia.
WE ARE SO DOCILE! REMEMBER THAT CHILUBA TOLD LATE MUN’GOMBA THAT ZAMBIANS ARE SO DOCILE? EVEN THE COPPERBELT WHE THINGS START FROM IS “DEAD” LAZ IS DEAD OASIS FORUM IS DEAD. WOMEN FOR CHANGE IS DEAD. TRADE UNIONIST ARE BUSY BUILDING MANSIONS FROM CORRUPTLY OBTAINED FUNDS(TSEKA PA PAKAMWA)-ALSO DEAD. THE WE THE SHU-SHU-SHUZ ARE NOT DEAD-WE HAVE BEEN ADVISING RB, BUT HE DOESN’T LISTEN. HE ONLY LISTENS TO THIEVES THAT PUT HIM IN OFFICE!
For once, I have really felt sad with these developments (the Chiluba unjustified and unceremonious favours from the courts). I am actually hurting and my heart is bleeding with fury. This is utter nonsense. The world especially pa Zed can really be unfair. This is a joke of justice to say the least. LAZ please save us.
Docile Umwingi!! Where is the CB Kaponyas? I rmember when I was DK (85 to 88) we orgainesed a mother of all Demonstration, for a good 3 weeks or so such that our school was shut down! This was the first and highly organised demo in the heart of Lusaka! Sometimes people need to convince themselves that it is best to stand for what you believe in and you will do anything to defend yourself from anyone infringing on your rights!! MMD is taking the people for a ride! Where is your Pride you people? Even here in the UK, we go and protest and sometimes battle with the police.
Zambians should learn to move on nothing you say or write will change this otherwise me myself will not allow my country man to be tried in another country i live in the Uk and i know that the British can never allow that to happen to one of theirs.
All those lawyers and this ba potwe ama politicians niba mambala! Revolution is the way forward. Enough is enough. Peaceful Zambian my shinda! Our Freedom is in danger and the thieves need to be chased away. We need a new leader, young and energetic to fight these thieve were it will hurt them. I think ngandi UKO, lelo nganabanjikata! MMD, Foreigners, balemisundila elo mwatotela!
Puzzled!
This case involving our former President has not only been costly,deceptive and time consuming but one is left to wonder why lawyers play with our minds. The truth are we told we will set us free, but in Zambia it is very difficult to know the truth!
Sorry to rain on your parade but I think the writer is misguided. Whereas some of the comparisons he raises are valid, he should reflect on why the London judgement cannot be enforced in Zambia. I think the judge was very clear on that and even guided the AG on the correct way to seek its registration. But if your view is blinkered rather than objective you won’t see that, will you?
I knew in the first place that Chiluba’s London judgement will not be condoned in Zambia statute books. It is surprising that we are administering British law but we are failing to take recognisance of British judgement. It is better we formulate our own Zambian Laws and apply them in our so called courts. It is not only that,even in our schools,the law that we are learning is British law.I think we have to do away with everything that has do with British. It is like staying in a house and one fails to recognise the owner of the house. The short man raped the national of it’s resources and he deserves to be punished by the fake laws that we have. He should not think that he is clever. One day,the same useless laws that we have will catch up with him.Every dog has his own day!
#22, I take your words as mine. This problem of discovering the truth is aggravated by the fact that it is so difficult to find neutral non-partisan political analysts in Zambia. It seems that every one including lawyers has some axe to grind or some vested interest to serve. This situation is even more severe with our Zambian diaspora who would ordionarily be expected to give disinterested opinions. But every one of them is an extremist and has some side to support. When is our country going to mature. When will Zambians know that you don’t have to support or defend any one.
My heart hurts with anger at the so called lawyers and judges of zambia. You have no sense of shame. you criminals!! You have no pride in your country thats why u are rotten to the core!! People neet to start administaring justice by themselves. Wiliam Banda has led the way. I blame the men in uniform for all this nonsense. How can you sit on your a.r.s.e as the country is being ransacked by crooks? Is this your definition of defending the country. Shame on you too. No wonder mufwale ifikamba.
Ba Gerald Katayi, Authur, You may wish to remember that Mr Fred Mmembe has already endorsed a candidate in the coming elections and will not give an objective view on any issue. It is a waste of time to quote him endlessly. Can you not see that You and Mmembe have forgotten to say that Dr. Katele Kalumba was found quilty in Zambian courts and sentenced. But Fred Mmembe will be selective and only mention cases that serve his cause. For example, Mmembe will not condemn Fidel Castro for leaving the Cuban Presidency to his brother, but imagine what he would say if Rupiah Banda tried to leave the Zambian Presidency to his brother.
#26, This is what I call extremism from the diaspora. Mr/Ms Uko, when were you last in Zambia? I have seen the Zambians in uniform namely: Army, Airforce, ZNS, Police, Customs, Immigration etc.. and I have never seen one mu fikamba. Let us try to be truthful when we contribute to national debate. Bringing our personal frustrations to public debate is most unhelpful.
South UPND vows not vote for Sata
United Party for National Development (UPND) Provincial leadership in Southern Province has vowed to support President Rupiah Banda during next year’s elections if the UPND-PF pact decides to float PF President Michael Sata.
Speaking to ZANIS in an interview in Lusaka today some UPND provincial leaders in Southern province, who did not want to be mentioned, said they are not happy with the happenings in the pact.
The leaders advised UPND president Hakainde Hichilema not to cheat himself that he would convince party members to vote for Mr. Sata if the candidature for presidency is given to him..
And Southern Province Minister Daniel Munkombwe has disclosed that members of the United Party for National Development are resigning from the party…
And Southern Province Minister Daniel Munkombwe has disclosed that members of the United Party for National Development are resigning from the party to join the ruling MMD because of the confusion that has engulfed their party.
Mr. Munkombwe said the people of Southern province have now realized that the PF-UPND pact is a ‘burning house’ in which they cannot continue to live.
He said the MMD in the province is happy to welcome its former members who left the party after the formation of the United Party for National Development.
Mr. Munkombwe appealed to all UPND members who were still pondering to leave their party to do so and join the MMD government and support President Banda in the fourth-coming 2011 tripartite elections.
He said before the end of the year, the Pact would crumble and called on UPND leader Hakainde Hichilema to leave the pact and work with MMD government for the benefit of the Zambian people.
Due to the reported wrangles that have besieged the UPND-PF pact, the two parties have since formed a committee which is going to look into the issues regarding the impasse in the pact.
Iwe Mwata #31: We are discussing the verdict not useless opposition politics. Are you rejoicing now that your man is free at the expense of the tax payers? Can you say something of use old man?
The writer is highly uninformed. It is usual to find different penalties for similar cases. Chiluba’s case was peddled for several years by The Post newspaper though deceit and blackmail. It is time now to look at Zambia’s infrastructure and to hell with anti Chilubaism. I now believe in this government. R Banda’s mandate should not be shared with The Post. The Post is free to form a party and pursue Chiluba in their own right. They held Levy’s balls but thats it!
Ba Post, does any sane person still believe in them? I mean how can any sane person allow himself to be brain washed by mmembe? If he has bewitched you, that is more plausible, but you will soon know the person and be so amazed that you will never want to see or read the Post.
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…
#5 I read that bicycle story and I couldn’t believe it. A man who has been pushed to a tight corner because a big thief in Chiluba stole what belongs to him is serving a 20 year sentence. Mpombo who even phoned his creditor to stop him depositing the cheque has been given a sentence. Changwe has committed the same offence and she is walking streets freely. A Dr. Musonda, with intent to kill shot a youth and is also walking free. I don’t understand all these and I am almost thing maybe theres something wrong with my head. There’s so much descripancies.
…I wonder where Zambia is heading to with this rate of corruption
#35 Hamaundu. You either lived in an orphanage while in Zambia and through other people’s good will you were brought to the US or you are one of those Zambians who came to US and now can not go back to Zambian because their Visa expired. I say so because you are very casual to important matters that are bringing down the country but to you, this is just a big joke. If a person who has traveled can think like you what examples are you giving to those in Zambia? If you have nothing to write, just read.
# 27, Nkole. Every living being should have a cause. Even the hair in your nose has a purpose, why then should you accuse the Post of having an agenda. If they don’t have any agenda, then they should close down. They have a cause, good or bad to you they must champion it, the same to any living being. Chiluba is a thief, just learn to live with it.
I shall continue to say, Lazo chiluba will be jailed, its a matter of time – though I know time is not what we have but he will be go in. The judges are all compromised because they are appointed, they dont wear those those robes by virtue of their qualifications. They are forever dancing to the tune of the appointing powers. But rest assured, many judges have made so many blunders that they dont even know how to apply the rules.
#39 – Walasa. Kawalala ni kawalala no matter how many shades you paint him. Chiluba is a thief, he stole period!
Zambia has indeed gone to the Dogs,lesa twafweni bantalamisoka balaonaula ichalo chesu.
Zambia & Corruption
I just took a look at the Levy Mwanawasa Foundation website and it has some good information! levyMwanawasaFoundation.com
The Mafya Mbala Clan!.
What do You Expect from a System which just Adopts VPs agains Standing Elected MPs.
Adopt Another One Sleeping Dog & You Will Be Shocked the Ideas He will bring.
Serious Thief – Zambian Money,Someone`s Wife & Now Court Ruling – Only Nature/God Will wipe Out This Sakala Then Peace Will Rain.God Hears the Cry of His People !
It seams to me that the Zambian Laws were watered down during Chiluba’s presidency to facilitate the plunder of resources.R Penza was Minister of Finance, an elected MP, and a man who sought to liberalise the Zambian economy for the benefit of the Zambian people but that did not augur well with the criminal elements in the MMD who felt they deserved more than anyone else.We know Penza met his death under mysterious circumstances after a shooting at his home. Some of the Chiluba’s co-accused defendants were at Penza’s house on the night he was killed.Was he killed because he refused to steal from the Zambian people?
Two Zambian Judges were attached to the Bank of England to study the operations of Money Laundering and how to deal with issues arising there-from.Justice Mutale died from…
(continuing from 45 above)
Justice Mutale died from an undisclosed ailment but some family members say he was poisoned. Justice Banda died in a car accident on his way back to Ndola after a continued hearing in Chiluba’s case.
There are too many coincidences countrymen associated with FTJ’s case.
Has the Auditor General published an audit report on the USD$42 million or is it considered outside the AG’s scope?
Well, well, well. The justice system n Zambia leaves much to be desired. Like President Mugabe once lashed out at the International community that ‘Commonwealth is just a club” and he further said that he didn’t see any benefits in joining it. I now draw a lot of sense in it because despite Zambia being a Commonwealth state, there no reciprocal arrangements between Britain and Zambia and today we have just learned that there are no court orders that can easily be registered in either of the parties. I now understand why it is so easy for a foreigner to steal our money and go to Britain.