ZAMBIA was ordered to pay Lusaka lawyer Rodger Chongwe $2.5m as compensation by an Australian court for the 1997 shooting incident in Kabwe by police where he and first Republican president Kenneth Kaunda were injured.
Home Affairs Minister Lameck Mangani said in Lusaka yesterday that Dr Chongwe has since the judgement almost 10 years ago been pushing to be paid that amount but the Government was still negotiating.
“Dr Chongwe took the matter of the Kabwe shooting incident to a court in Australia where Zambia lost the case because no official from Government attended any of the court sessions there.
“The court ordered that Dr Chongwe be paid US$2.5 million and he has been pushing for that amount since then,” Mr Mangani said.
Mr Mangani who refuted claims that President Rupiah Banda had authorised payment of US$5.9 million to Dr Chongwe as compensation said his ministry would investigate thoroughly and establish the people leaking such information to the media which he described as inaccurate.
Referring to a Post Newspaper story that at the weekend quoted sources from the Ministry of Finance who alleged that President Banda had authorised and directed that Dr Chongwe be paid $5.9m as compensation, Mr Mangani said the report was not true.
He said Government would not take kindly to people leaking inaccurate information bordering on national security with the aim of blackmailing Government and President Banda.
Mr Mangani said Dr Chongwe’s issue required legal opinion hence, the move by Mr Banda to write the Attorney General Mumba Malila seeking his opinion and guidance.
“And even that does not mean the President authorised the payment.
But even the US$2.5 million needs to be negotiated and at no time did the President authorise that the money be paid to Dr Chongwe,” Mr Mangani said.
He said those alleging that President Banda authorised the payment should provide evidence to that effect.
Mr Mangani said his ministry would investigate the matter and ensure that those leaking false and inaccurate information were brought to book.
He said it was worrying that information of this matter could be leaked with impunity disregarding national security and warned that Government would not take kindly with people trying to raise false alarm in the nation.
“There is need to bring sanity and as Government, we will ensure that those trying to raise false alarm are brought to book by investigating thoroughly,” Mr Mangani said.
Dr Chongwe could not be reached for a comment as he is out of the country.
[Times of Zambia]
So, isn’t this judgement supposed to be registered here before it can be enforced?
Why should the President take interest in the settling of this matter,aren’t there legal professionals in govt to do this?
Is it also in order for someone to sue their home govt or an individual out of country & precisely in a foreign court,well,if so then it means i could also sue all those people in Zambia who have failed to pay me in full for what i export to Zambia.LOL
Lameck. as usual you will always explain everything. You and your Nyamasoya Government shall not get beyond 2011, as a government. How many people are waiting for their pensions, compensations of all kinds? Roger Chongwe can even afford to leave the country a dozen times, he has the money, can’t you see? Civil servants are waiting for their pensions, Nitrogen Chemicals Of Zambia is another case of interest. Come quickly 2011.
#1, you’re right! Do we have any legal minds on this blog? Law and Lawyers to me are beggining to lose respect everyday, someone help me understand.
Yangu tata!….Worse, even our own judicial system seem to be none functional. So tukalabutukilafye kuma foreign courts ka?
Am lost. The same GRZ is not ready to respect the London judgement against one FTJ, but is ready to obey a ruling from Australia to pay one Rodger Chongwe. The POST may not have been accurate in it’s report, but going by Mangani’s explanation, GRZ is very ready to pay Chongwe what ever this amount-$2.9m or $5.9m. The fact is, this story is true and Mangani is at pains to justify his government antics.
This really doesnt make any sense. Can we have legal help in here please
MMD must go in 2011, I hope people abroad vote. I am voting HH, I am tired of Banda. Banda will be worse than Chuchu.
Legal help will be at hand soon. The President has asked the Attorney General to advice on behalf of the government and people of Zambia. Is this not as it should be? Let us wait to hear from the Attorney General.
Thay have not said they are paying, they have simply fowarded it the AG.I see nothing wrong.A court ordered his compensation and the President has asked the competent body (i.e. the AG) to look at it.
I concur with # 9. Lets get the facts first before we start hurling insults.
This story just shows why Member is playing a dangerous game. People are quick to form opinions without getting the full facts. It is sad to see so many people are simply not aware that they are being manipulated.
#10 Who was sued? Was it the President or the Attorney General? Was the summons or what ever it is served on his Exellency or on our Legal rep?
lets wait for the facts.dnot be mmembe dogs commenting on anything
This is sickening. Chongwe’s case has not even been registered with the Zambian High Court to accord with the requirements of the law but Bwezani is already putting in motion to have him pais while he is refusing to register the London Judgement we secured over the head of Kafupi! I am as yet to meet someone so oblivious to danger, Banda will pay with his dear life for all these crimes he is perpetrating against this country. If I were a minister in his government, I will bail out now because the end for this administration and Banda in particular could be bloody. Besides, why can’t he go claim this from Godfrey Miyanda bacause he is the one who ordered him shot?
First off, you can not leak false information. “False” implies it does not exist. Secondly, seems we have regressed to the Kaunda style dictatorship where the president is in charge of every decision making process. We all know where that got us. Curious what happens if the Zambian courts made a judgment against the Australian government. That would probably go straight into the trash bin.
So it is clear that there is more Justice and professionalism from foreign courts than the zambian courts. Chiluba – London high court, Chongwe – Australian court.
Magani said ‘Government would not take kindly to people leaking inaccurate information bordering on national security with the aim of blackmailing Government and President Banda’ – English is my fourth language after Bemba, Nyanja & Kiswahili… is it possible to leak inaccurate info? By the way LT your site improvements are cool, thumbs up!
#16 MAURO- That is the point we are missing LEAKING INFORMATION. So there is a leakage and where there is leakage there is information Chapwa.
#16 mauro, you are right. But the judgement would not just end in the Trash bin, because it would be easy to retrieve it. The Trash bin would be emptied so that there would be no mention, never!!!!
Okay twaumfwa!
Banda RB sends one animal escorted by experts(vet) to Tanzania to impress the head of state (sho at people’s expense
HH gets his animals from his farm to cerbrate victory in Solwezi at his expense.
Who is doing the right thin? Anyone with an idea?
Hmmm bane, leaking inacurate information which RB sent to the Minstry of finance so that it becomes accurate when Chongwe is paid the $5.9 !! my foot. So RB did instruct but only that it is inacurate info awaiting maturity by way of payment. PLEASE RB ALA YOU WILL END UP LIKE CHILUBA.
Those thinking there’s nothing wrong with this case should think again,the main issue is about the President dealing with all petty & big matters of the state,aren’t there any competent office holders to deal directly with such issues without the President coming into it,as someone rightly put it,it is not the President that was ordered to pay but the Zambian govt & by the way the head of govt is the Veep,i know he’s just returned to Zambia from a summit so someone under him should have been dealing with this matter not the President.Another fellow here has correctly put it,why would Mangani bother about ”bringing to book” the person that leaked the info if the info is false.
#1 you are right I was made to belive that any judgement made outside Zambia should be registered in our courts before the vedict is upheld but whats happenning with this 1. Can Mr Mangani shade more light or is it that some cases can be and others can’t?
Mr Mangani, don’t pretend to be a specialist on every issue in which your brother Rupiah is involved. Your statement is flawed and mischievous. Remember there is no smoke without fire.
Mangani how can someone leak something that is false. I wil forgive your english.
Good morning
Bloggers are right when they say we need legal clarification in this matter. What bamboozles me is that an Australian court has the power to order the Zambian government for compensation.
We never run out of them.
Alexander Kamalondo (RIP)
Kangwa Nsuluka (RIP)
Ben Tetamashimba (RIP)
Lameck Mangani (to RIP soon).
#27 That is the problem when we mix law with politics ne Chibululu. We have failed to take up the London judgement against Chiluba, but we are too quick to accept Chongwe’s award by another foreign court. I still think am just dreaming and one day I will wake to find that all this is not true, I mean all the comedy
No nine chale, the AG is studying the case. Its that simple, when something is in the Presidents hands. His duty as president is to provide leadership .. . And i feel he has done the right think by refering it to the IG. Why is it in the presidents office you may ask!! where else wouldyou expect a $ 2.5m issue to go. The only sad thing would be if the President is actually intervening for personal reasons. And De ja Vu, the London Court Judgement is in the courts of law right now. It has not been registered becuase the FTJ crew are contesting its registration
According to CAP 76 of the Laws of Zambia (Registration of Foreign Judgments Act), the President if satisfied, may by statutory order direct that “any judgment of a superior court of a foreign country”…(if final and conclusive)… be reciprocated as respects the enforcement in that foreign country. He can also by a subsequent statutory order vary or revoke any order previously made under the same. So whether it is Chiluba’s or Chongwe’s, the prerogative lies with the bearer of Zambia’s sovereignty, and that is the President of the Republic of Zambia. He has the constitutional power to do as he wills. Like it or loathe it.
Jigga however if this issues comes to the President’s attention > what should he do? look at it right!!! And an issue of US$ 2m is bound to get to him. As for the issue of leaks, every Goverment around the world has a secrecy act for Good reasons. Govt and indeed firms do not want all discussions in public domain. If you are a manager you must Know that the minutes of management meetings are secret.
IN WHAT CAPACITY IS MANGANI EXPLAINING THIS? I THOUGHT HE WAS MINISTER OF HOME AFFAIRS.THIS SHOULD HAVE COME FROM THE MINISTER OF LEGAL AFFAIRS OR THE ATTORNEY GENERAL OR EVEN THE GOVERNMENT SPOKESPERSON.
Similarly, “On an application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment- shall be set aside if the registering court is satisfied…that the judgment debtor, being the defendant in the proceedings in the original court, did not (notwithstanding that process may have been duly served on him in accordance with the law of the country of theoriginal court) receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear (In this Chongwe case, the Zambian government did not appear)
The vedict was past in Australian courts and according to Mangani is saying we have to respect it. Now why cant we do the same with the London Court’s decision to prosecute Chiluba based on instructions from Judge Smith. Bwezani (meaning return what u took away or stole) has some interests in this matter. He also has a share in it. Even the 8 million Dollars Chiluba perports to have put in Zamtrop account Bwezani still insists that it must be given back to Chiluba. Back to Chongwe’s issue. There a lot of students who have been shot at by state police, let the govt pay them that US$5.8million as compansetion.
The Attorney General needs to be fired because everything he has done has shown that he hates Rupiah Banda in his personal capacity. He must be removed from this sensitive position, he can’t continue to mess about with the commander in chief.
The Saint and Positivity- What you are saying is ok well put. But my worry is that this CONSITITUTION RIGHT BY THE PRESIDENT CAN BE ABUSED AND MISUSED BY THE PRESIDENT. I just want to know who wrote such rubbish in such an important document. To me it appears the PRESIDENT has got an open cheque and can do any thing. You cannot put such trust in a human being. Kuti ngalefwaya akuchila umakashi and you cannot sue because he has immunity. All this nonsense is what has made this country to stagnate. So RB can chose whether to pay Chonwe regardless of morality?
Breaking news, AG Malila has been fired.
Kwena only pa ZED, do these things happen. Chongwe also, these briefcase lawyers are arm twisters. Twisting RB’s arm, and trying to get away with it. God help us! we are watching you. And we will register FTJ London judgement(judge Smith) case in the High Court of Zambia.
Could anyone enlighten me to what happened to the student who was shot at by the police at CBU? Any compensation there?
#38 BAPUNGWA – Shade more light please.
# 35 Yaba, Has this judgement been registered in the Zambian courts.
Western diplomats accredited to Zambia preach about human rights, they would be pleased to see this money being paid out because it was sanctioned by the courts at the United Nations Human rights. Compared to the US$10 million that Levy Mwanawasa authorised and paid to his friend farmers to grow winter maize, this payment is legitimate. Has winter maize ever been harvested? I know those protecting the Legacy don’t want us to discuss the US$10 Million payment that went towards winter maize. Again Sata was falsely accused and imprisoned for 40 days without trial by Levy Mwanawasa after riots in Chingola. If the courts award this man damages, Zambian taxpayers will have to foot the bill. How times has the Zambian Police shot dead “criminals” in cold blood?
Kwena RB ni nshimbi nasumina.tamwakamukwanishe ba mbuli.
contract of Attorney-General Mumba Malila has expired and president Banda has announced that Solicitor-General Abyudi Shonga will perform the functions of Attorney-General.
Mumba Malila’s contract expired on December 1, 2009.
The President said the Solicitor-General will perform the duties of Attorney-General in accordance with Article 55 of the Constitution of Zambia until a substantive Attorney-General is appointed and ratified by Parliament.
“President Banda thanked Mr. Malila for having rendered his service to the Government and the People of Zambia when he served as Attorney-General at the Ministry of Justice,’ said state house spokesperson Dickson Jere in statement
President Banda said he may send Malila into the diplomatic service
Post Metadata
RB has been promised 25% by Chongwe and even Chiluba has also promised him a cut if he is given the money he is claiming he deposited in the Zamtrop account. These guys are sick they have no vision for the poor Zambian. Their interests is in their pockets. No wonder they have managed to develop chief Chitimukulu’s pocket.
Its good riddance if Mumba Malila has not had his contract renewed. Waste of space bootlicker.
Now we need the FJT Chiluba London Judgment to be registered in Zambia so that justice is done.
# 38 Bapungwa,
Breaking news, AG Malila has been fired. Not fired but contract has expired
We know you have read today’s Zambian Watchdog reports. Please read it again. Mumba Malila has not been fired but his contracted expired.What the RB administration had done is not to renew the contract which expired on 1st December, 2009. Did you do your “can you remember” in primary or comprehension in secondary school to have such reading problems?
Justice is sweet when u are in power, who is sharing with the victim, Kaunda, I don’t think so, Banda and his boys are at it again. I think if a foreign court can grant this deal, then we should sue Bandas sons SAP. Chief Justice has also started making noise, he knows no one will report Bandas’ stealings until he is out of office, imagine taking this to the police, u will end up being jailed as a lair. Mufuna ba PoPo ” Bunju” balanda ifya bula mano kwati mwebo, Chibemba chi ka! MMD wake up and remove Banda from ur party before the Ship run u over. Sata if ure smart this the time to cut of their legs, you have no competition at this moment, take advantage and grab Zambia for he people.
Am pretty sure there is something terribly wrong with our government.Something has to be done quick
But how come i have never head of this Australia judgement???
Dr Chongwe is one arrogant, pompous and stupid man. Mwanawasa gave him $60,000 but he refused, chongwe is one selfish mutherf****r who wants to reap from a poor country, hope the bustard wont even get a penny.
This is nothing compared to the London High Court which held Former second republican president Dr. Frederick Chiluba and four others to have conspired in defrauding Zambia of US$25 million and US$21 million respectively from two major conspiracies! At least Chongwe has registered that Judgement in Zambia. Which court has FTJ or RB registered their judgments?
The Registration of Foreign Judgments Act is not new and has been in our statute books since the 1920s. You may not have heard of it because no high profile individual was affected. In actual fact Australia being a dominion of Her Britannic Majesty has reciprocal arrangements with Zambia which are both members of the Commonwealth. Dr Chishimba (formewr Kasama PF MP) raised this issue in parliament when PF supported Chiluba during LPM’s tenure. Kunda (the Justice Minister) refused to discuss the case as it was subjudice. Starnge that PF, once opposed to Chiluba’s judgment registration in Zambia are now on the other side. Life hey!
The difference between Chiluba’s and Chongwe’s case is that in one GRZ is the plaintif and in the other GRZ is the defendant. The onus is on Dr Chongwe to register his judgment in the Zambian courts. If he did, the GRZ have the right to appeal on grounds that they were not present in Australia when this ‘trial’ took place. While in Chiluba’s case, GRZ has applied to register the judgment and Chiluba has appealed. In short, none of these cases are yet determined and I suppose that is the advice AG will give to RB.
Bloggers, when we put comments here, do we just debate amongst us or our targets like in this case RB, AG, and Mangani get to read too? If they do then sibamvela..
No. 33 Bee; Managani is speaking in his capacity as Home Affairs Minister. The Government Department being sued through the Attorney General is the Police who shot Dr. Chongwe. Mangani is Minister responsible for the Police. Any further education you wish to have number 33?
AND THERE GOES MALILA!!!!! MY BELOVED COUNTRY!!!! WHERE ARE WE GOING????? DAYS ARE NUMBERED!!!!
What exactly has RB done wrong as regards this case? How this issue becomes one of RB’s sons stealing money I dont know. I thought I would come to LT for intelligent debate but I might as well and discuss issues with kaponyas. Thanks to the Saint for informing us about the issue instead of making cheap political mileage based on hearsay and innuendo. We really have to get rid of this Post mentality.
Malila’s been fired for playinghardball with his boss.. e.g Testifying against Dora in the RP scandal pissing off his boss after she was found guilty who then threatened to “re-organise” the AG’s Chambers.. Scared of the backlash from the public he preferred to wait a few months for contract expiry so that it looks clean.. and could be bought by dumb bloggers like some here who can’t see the game. Mumba Malila has stood firmly against all these dodgy transactions RB and his goons has been trying to get him to sign-off or rubber stamp. the man of integrity ws seen as a stumbling block.. to the extent the tried to get his assistant, Solicitor Genneral Sichinga to sign-off that RP CApital contract behind his back when he was out of country.. DUHH. some of you are so not switched on!!!
Regarding the topic on hand…. What can I say.. another example of gross incompetence lacking due care and diligence.. K11billion or K20billion is a s.h.i.t load of cash. Would have gone a long way in infrastructure rehabilitation at UTH, Ndola Central, Kitwe Central, Monze General or machinery for our Vocational training centre who are key to skills development. Just yesterday KK was complaining about how this has been neglected when this actually is the engine that drives Global economic power houses. Its not white collar pricks like me that comprise te bulk of the productive workforce, but those with Guilds training, Boiler makers, artisans, Dilling, Crane builders, welders, heavy duty machine operators. Actually it is these people that started and own 60% of USA manftg firms. DUH!
e story of paying Dr,Roger Chongwe “ZK 27 billion” is hogwash fantasy of Mmembe. It is cooked without substantive evidence despite the fact that the Zambian Government has an obligation but still locked in legal dispute with the Australian passed legal judgment which is supported by Human Rights Watch. Zambia is a signatory to many UN and international conventions and charters on HRs.Dr.Chongwe as a victim of an assassination attempt has universal rights for claims and damages beyond US $60,000.In the same vein it does not mean GRZ has blanketly subscribed to the Australian judgment for such a high settlement.This theater only shows protruding ignorance of ghetto journalism.
Here again trigger happy devil’s advocate Mmembe has no idea about this judgment still under legal dispute and registration
Mangani “Arrest” says Govt will not take kindly to people LEAKING inaccurate information bordering on NATIONAL SECURITY!! Is it Malila who has fallen victim to the wrath this time? Wat a chain Kapitolo, Nkole and then … I was at lower primary but I remember “UNIP Mulilo! Waikatako Wapya!” The Austrarian Judgement Vs the London Judgement. Kommedy of Erraz .. No contempt pliz!!
OK i was beaten by two paras in 1999,i was coming from a tavern in chilenje i got disoriented lost three teeth,i know their names,you will hear from the New york courts soon RB look out!!!!!!
AGs must not be left to overstay.We appreciate Mumba Malila’s support to the country and defense of the Administration, but in “national interest “its good that his contract has not be renewed at the end of tenure. KK fired Levy Mwanawasa 6 months in his appointment while Mwanawasa as President fired Sunday Nkonde from Mongu political rally podium. But the RB administration has the duty not to re-contracting Mumba Malila.Let him get back to lecture theater at UNZA and be considered for other opportunities “maybe” in future.
Sad part of this is that cases committed in Zambia are transferred and handled in foreign countries. Soon Chiluba will take his $8 million case to Congo and be awarded the loot. Supporting such nonsense does not only kill our legitimacy and sovereignty, but what we are as a people. Zambia’s judicial system has been compromised by the so called legal heads that we have to an extent we are just a shell of nothing but big talkers like Veteran. When will Zambian laws apply to Zambian cases? Let the countries that pass these judgments pay these bills. Now without Mmembe bringing this to the open, all would have been done without the nation knowing. This is what happened to the Kaira Vs ROP case. How much did he walk away with? Not even shushushu Veteran knows about this case. $5 million.
Most people do not realise that any victim of any crime regardless of who is the perpetuator is entitled to compensation by the state! The problem in Zambia is that ‘rumour, hearsay and innuendo’ pass for ‘news’ so much so that truth is obscured. It is like the Nazi doctrine of ‘tell the lie so many times and eventually it will become the truth because people will believe it.’ I had hoped that Zambians will be more enlightened in this day and age but, honestly, I am disappointed. It seems to me that The Post editors studied law so that they can learn ways of mis-leading people without being caught. Good luck to them, for they seem to have succeeded.
This government is clearly showing double standards. When it comes to registering Chiluba’s London judgement, ati no but Rodger Chongwe’s Australian judgment ati give him. Awe twakana.
only a d.ulll and st.u.pidy person cant see how corrupt rb and mmd are. they are quick to reward chongwe while at the same time they block chilubas london rulling. if even a two year old kid can see this coorruption what more a mature person. rb is corrupt period.
Our The Post newspaper now reads like the USSR’s Pravda in the days of Brezhnev when there was intense propaganda against individuals such as the Nobel laurete, whose name I cannot remember. The only difference this time is that the newspaper is writing against a person in office. It is just plain sickening and leaves such a bad taste in the mouth that independent thinkers are put off. No matter how bad RB is, surely he cannot be the worst President we have ever had! He may not be likeable to some as a person, but the record shows that he has done nothing to worsen the situation the situation in Zambia. On the contrary, much to the chargrin of his opponents, things have got better!
SEBANA ULYE NEWS BROADCASTING CORPORATION and Kambongolo
When did Roger Chongwe register his judgment in the Zambian Courts? Read the ACT (CAP 76) in our laws and you will find that once a judgment is registered, the defendant MUST abide by it. Dr Chongwe may have registered this judgment during Mwanawasa’s reign, when he came back from his self imposed exile. If it was not challenged at that time, it cannot be challenged now. All that GRZ can do is negotiate how much. If this judgment is not registered yet, there is nothing to pay. Simple! So please, stop maligning a man who was NOT party to these things. All he has asked for is advice from the AG. What is wrong with that? Please, be sensible you guys and quit you like men!
THE SAINT,
I see you have good command of public issues and moral responsibilities.There are three public debate baselines that most bloggers here are lamentable failures in unless sensational:
Economic threads
-Legal threads
-Moral threads
THE SAINT,
I see you have good command of public issues and moral responsibilities.There are three public debate baselines that most bloggers here are lamentable failures in unless sensational:
-Economic threads
-Legal threads
-Moral threads
How come the Post is not ‘digging deeper’ into alleged corruption perpetrated by Maureen Mwanawasa? How the secret service was used to get Magande’s Chilanga seat, how Sata spent money that was donated for his election campaigns including the money he got from Taiwan and just how much money HH got from the selling off of publicly owned companies?
#22, Chiluba hasn’t ended up, yet. Just wait for 2011 when he will finally “end up”.
#75 Kalambo falls
I have psychoanalysed The Post editorial team somewhere else and the gist of the matter is as follows: 1. They want to rule Zambia through a proxy President and they have found one in a gullible young man. 2. They have a sado-masochistic persona that enjoys pain whether by self-flaggelation or inflicted by others. 3. They have nothing to lose because they have made enough money to live comfortably outside Zambia by seeking asylum.
The saint,# 77
is it not the post that helped expose chiluba`s corrupt practices,2 billion national assembly money to MMD convention,Remmy mushota,paul tembo ni the post,even the zamtel/zesco optic fibre issue ni the post,dora siliya ni the post Bwezanis corruptedness ni the post.I think you seem not to realise how this country would have been without brave people like membe,bright mwape(late) masauso phiri.or maybe you are more inspired by what you see in L.kantumoya`s paper.Learn to respect people who are sacrificing for the good of this country.I just wonder what your comment on the chansa kabwela case.
Give Ceasar, what belongs to ceasar!, All this happened in Chiluba’s reign, all that Black Mamba crap. I bet the whole Black Mamba crap was Chiluba’s idea, now the poor Zambians are paying for it.
It is quite interesting to note the levels of sheer ignorance that Zambians have over issues they want to comment on, including this very media. Reading through the story, apart from the quotes attributed to rival media, The Post, and to the minister in the story, I note with disgust your editorial’s misguided focus on an issue it does not understand.
1. Roger Chongwe NEVER took GRZ to a court in Australia.
2. Dr Chongwe went into self-imposed exile to Australia.
3. His matter versus GRZ was reported to UN Human Rights Committee by himself under the Optional Protocol to the International Covenant on Civil and Political Rights.
Please, only comment on matters you understand instead of publishing pub-style rumours as this misleads people.
http://www1.umn…
http://www1.umn.edu/humanrts/undocs/821-1998.html
#78 gabon air disaster
Thanks. There is no doubt that The Post have done a great job in news coverage in Zambia. What you have recalled is indeed true and fact that the Post uncovered all those scandals. But here is the problem my friend. The Post have blurred the distinction between ‘news’ and ‘comment’. Comment is a matter of opinion, but when you look at the Post editorials on President Banda, the rumour and innuendo is peddled and commented as though that is exactly what happened. A recent editorial had “we know about the LIATSCO issue” as the last line. Where was the news report on LIATSCO? You see sir/madam, the Post editorials have become gossip columns. THAT is the problem. A good journalist will always report 2 sides of the story and allow rebuttal. The Post used to do…
So far you have come to believe the ‘Bwezani corruptedness’ because of what you have read in The Post editorials which I now call ‘gossip columns.’ They wasted no time in providing evidence about all those you have mentioned, but I am yet to see a single shred of evidence that President Banda is corrupt. You may not know it, but the Zambian constitution gives so much power to the President but President Banda has used ALL his powers within the law. Now ‘the Chansa Kabwela case.’ It was not the President’s fault that Ms Kabwela was prosecuted. The Constitution of Zambia gives the DPP the SOLE (with emphasis) responsibility for prosecution. Read the Act! It is clear there that NO ONE should influence the DPP in anyway to bring about a prosecution. ‘Ah! But he is appointed by the…
But, saint, my dear, it is kid’s common sense that Chansa Kabwela was prosecuted on the instigation of your all-powerful president.
There are a lot of indecent exposure cases that can be prosecuted that are actually committed in full view of the grinning president. I have not read or seen anyone arrested for indecent exposure as defined in the penal code of over 100 years for a 45-year old country!
Does the so-called DPP use SOLE responsibility of not prosecuting such cases as demanded and spelt out by your statutes? Or is this just another practice of a backward country that continues to go backwards?
For instance, how can one corrupt one’s own morals when one looks at one’s own nudity, whether in the mirror or in a photograph of oneself? So full of crap laws.
President!’ Yes, indeed. If you are missing a shirt. One day walking along the street you see someone wearing a shirt like yours. You report to the police that the shirt may be yours. The police have to investigate first, before charging the man with theft. If they do charge him with theft and he is subsequently acquited, would it be your fault? The President thought that the pictures were distasteful. The police should not have charged Ms Kabwela if they thought that there was no evidence. She was duly acquited and rightly so. What we should however, celebrate from that case is that we have a President who respects the separation of powers. The DPP should have resigned in Ms Kabwela’s case. Most people missed this point in Prof Muna Ndulo’s article. He ridiculed the DPP, not HEP.
Crap laws, but I guess it is the way of life this side of the world, and seems no one can do anything about it.
I fail to understand the way this country operates, especially when it comes to laws.
For instance, you use 19th century laws of Britain (eg, Sale of Good Act of 1893) in your laws when even the British themselves discarded this crap decades ago. The indecent and porn laws prevailing in Zambia were inherited from “ancient” or outdated British laws that have since been trashed.
Another example, why doesn’t DPP prosecute Esther Phiri and everyone else involved in female boxing and its promotion, including the late president as they Zambian law forbids women from engaging in boxing?
Seems there is no law, or it is all jungle law applied on as-is-where-is basis! Yaa-bah!
#82 Nick Edwards
Well, thanks to the British people. Africans never knew what ‘indecent exposure’ is until it was introduced to them by the ‘civilised west.’ There are a lot of laws on the statute books that are remnants of a colonial past. The witchcraft act for example is one other and so is homosexuality forbidden as well. As long as Africans maintain their own rights and wrongs, they are decried as “another practice of a backward country.” Naturally, to keep up with the ‘forward thinking’ western world will take time. The poor Africans can only follow. An African immigrant tried in the west, is deemed to have received a ‘free and fair’ trial. A white mecernary tried in an African country.. mmmm, no. ‘The trial is not free and fair’ and all sorts of reasons are given.
Nick, you are being unfair about our legal heritage. There are several laws on our statute books that are outdated indeed, but it takes one test case to bring it out so that it may be repealed or ammended. Similarly, in the UK there are some laws that have been repealed or ammended because of the superior Human Rights Act. Someday, even immigration laws in many countries in the world will be found wanting against the Human Rights laws. For example, why should a person with a non-contagious disease such as HIV be refused entry into Australia or Egypt to work there? Is not that a Human right violation? But laws do not get changed overnight, so do not write about Zambia as though we are so daft and backward! Time will test the law and the law developers will do something about it.
Has this case been registered in the courts in Zambia for the judgement to be enforced? We are still waiting for Chiluba’s case to be registered so this one should just join the queue.
“Mr Mangani said it was worrying that information of this matter ($5.9m) could be leaked with impunity disregarding national security and warned that Government would not take kindly with people trying to raise false alarm in the nation”.
What national security is he talking about?
I get pleasure from, result in I discovered exactly what I used to be taking a look for. You have ended my four day long hunt! God Bless you man. Have a nice day. Bye