Attorney General Abyudi Shonga says despite the Lusaka High court judge Hamaundu ‘s dismissal of the applications for the registration of the London high court which found Dr. Chiluba and his co-accused liable for the theft of US$46 million, the contents of the judgment remains valid for all its contents and purposes.
Mr. Shonga says the refusal by the High Court of Zambia to register the London High Court judgment does not nullify the judgment at all.
“Infact, the rational behind taking out this action in a London court was because there was information that the defendants (Dr. Chiluba and his co-accused) had assets in London and other countries abroad, “ he said.
He explains that the nation should be informed that there has been several direct recoveries that have been made as a result of the London judgment.
Among these are the significant amounts of money that were seized from amongst others Aton Shansonga as a result of the London judgment.
The Attorney General says in a statement obtained by ZANIS in Lusaka this evening that government is determined in continuing with the recoveries overseas adding that the State will not hesitate to cause the executions to be made on any further assets that it becomes aware of overseas belonging to the defendants.
[pullquote]Mr. Shonga says the refusal by the High Court of Zambia to register the London High Court judgment does not nullify the judgment at all.[/pullquote]
On Judge Hamaundu’s ruling, the A.G says demands by sections of society for him (Mr. Shonga) to make an appeal against the ruling, emphasized that it is not the function of the Attorney general to appeal.
“ The Attorney General draws his power from Article 54 of the constitution. My functions, amongst others, are to be principal legal Advisor to the government and to represent government in courts or any other legal proceedings to which government is a party or in respect to which government has interest in, “ he say.
Mr. Shonga explains that the advice given by the A.G gives to his client, the government, enjoys, is the same privileged status that normal interaction between the client and an Advocate enjoys.
So in this respect, Mr. Shonga adds that in line with the constitution, his legal advice to government on the issue and it is now common cause that has already made its stand on the matter.
“ Government has accepted the decision of Judge Hamaundu refusing to register the decision of the London High. I will not be appealing the said judgment,” says the A.G.
Mr. Shonga adds that government has considered alternative action available to enforce the London court judgment at common law saying it must be understood that at common law, registration of the London judgment will not be possible.
He says what would now happen is fresh civil action would have to be brought out against the defendants adding that the courts would have to hear evidence all over again and determine whether the state should be entitled to a judgment based on the London judgment
Judge Hamaundu ‘s dismissal of the application has and continues to raise concerns in sections of society with the latest being the country’s Law Association of Zambia ( LAZ ) which recently wrote to the Attorney General to consider an appeal in the Supreme Court in a matter regarding former President Fredrick Chiluba and others regarding the registration of the London Judgment.
[pullquote]“ Government has accepted the decision of Judge Hamaundu refusing to register the decision of the London High. I will not be appealing the said judgment,” says the A.G.[/pullquote]
In its recent press statement by LAZ President Stephen Lungu, said the law body observed that it was mandated in section 4 of the laws of Zambia Act chapter 31 of the laws of Zambia to comment and provide guidance on legal matters that were of public interest.
Mr. Lungu said LAZ through its research committee thoroughly looked at the matter and rendered an opinion on the same which has since been handed over to the Attorney General.
He said the Association’s opinion to the Attorney General was in the interest of the public for his office to consider lodging an appeal in the Supreme Court in order to finalize the matter adding that LAZ also advised Government to recommence the registration process under the common law which is applicable to Zambia.
He contended that the judgment of the High Court had far reaching implications therefore there was need for clarity in this area of the law.
ZANIS
Now that is a good clarification. AG cannot make such a decision to appeal. He has given his advice to government, which is privileged client -counsel information. The client, government, has decided not to appeal. But what AG has said makes sense and that is what all reasonable people have been saying, that an appeal or re-commencement would take us another 5 years to conclude. Now since the London judgement is enforceable in Europe why should we engage in a futile exercise to register it in Zambia when the assets or monies to be recovered are actually in Europe itself? Remember that Nchito’s task force only prosecuted FJT on a ridiculous US$500,000 because htye did not have evidence, they could not even convict FJT on that sum.
Asambamo
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thas why i never became lawyer. they are so dull. any monkey can be a lawyer.look at LAZ. Neither here nor there. just floating
The important pronouncement here is that Chiluba stole, is a thief and there is now way he is going to run away from that fact .
Just short of saying he feels the case is appealable but his client(the Government) does not want.
Its disappointing when you look at the money spent and yet Kafupi continues to roam the streets. As for Reginas case, the person to persue is FTJ because he is the one who stole. You can’t pursue reina on receiving stolen property without pursuing FTJ
Trust me folks,Levy Mwanawasa and his govt were determined to successfully prosecute Chiluba and recover assets which were proved to be his,most of them remain frozen and to some extent the AG is right that it’s not the end of the world that the London judgement cannot be enforced in Zambia,assets will still be recovered and disposed off and i strongly believe that when we have a new govt,Chiluba and those protecting him now will finally be were they belong,JAIL,they have made the country waste so much money and time on this issue and they have to repaythe tax payers by spending time in jail.
Guys just update me. Is the Attorney General Abyudi Shonga an expatriate? I never used to hear about him when I was in Zambia. I just want to familiarise myself with the legal structure in Zambia.
#2
Spot on my dear…mudala ni licker…nkani ya nsima…totally forgetting that in actual sense its the Zedians that pay for his day to day living…should be fired upon registration of the new boma after elections…
legally correct, but political nonesense. resign then if your client wont take your advice, unless you are as misdirected as your client? bullcrap.
You Attorney General also, this is foolishness. You are recoving property overseas because Chiluba stole and it was proved. Are you saying that in Zambia he did not steal and yet it is the same matter. It is corruption, allowing him to keep the property which is in Zambia. In this case the law is not as ass but a dog!!
people you really don’t get tired to listen to lawyers with the way the play with words? I’m having a last laugh!
Well done Shonga. I am amazed that even the LAZ does not know the constitutional position of the AG. I have stated elsewhere, that the State still has the wherewithal to take Dr Chiluba et al back to Zambian courts and adduce evidence to reclaim the misappropriated funds. This could have been done from the very beginning. The pursuit of the Zambian citizens in a foreign court was misguided and ill advised. The Appeals court has acquitted the London and European based institutions but Dr Chiluba et al did not appeal because they did not recognise the jurisdiction of the London High Court over them. It is possible to prosecute in Zambia and under several instruments in the ACC Act, DEC and the penal code. Chiluba still has $7.5 million to explain!
Twasebana mu Zambia. The US has come out and said they are disappointed with the way the govt of Rupee is playing about with corruption matters. Kafupi stole, we all know that, even young kids know he stole, even dogs are aware of his thefts. Lets wait and see its just a matter of months. Lets usher in a prez through ballot, not waking up old spent corrupt farmers and hand them the most important chair in the land. Thats why we are suffering, the old chap thinks its child’s play by calling himself ati “ndine boma, uyu mupando niwanga” atase, malabishi!!!!
Suddenly the cabinet and foreign missions are full of easterners. So who is tribalist here Eh? Someone tell me.
Police warn anarchists
COMMISSIONER of Police Graphael Musamba has warned that police will deal with those who want to create anarchy in the country.
He was reacting to Change Life Zambia (CLZ) executive director Father Frank Bwalya who has called for countrywide demonstrations and acts of civil disobedience to demand alleged justice over the London High Court judgement against former President Frederick Chiluba, whose registration was thrown out by Judge Evans Hamaundu.
“Police will not tolerate any social anarchy created by misguided people. Whoever wants to disturb the peace and tranquility this nation is currently enjoying will face the wrath of the law,” he said.
Mr Musamba said police will dispense justice on anyone found wanting.
He appealed to those who are inciting people to demonstrate to stop it.
Mr Musamba appealed to members of the public to desist from acts of anarchy.
He urged peace-loving citizens to ignore those who want to create anarchy in the country.
“Members of the public should stay away from such misguided people, otherwise, the rule of law will be applied,” he said.
Fr Bwalya was quoted as having said that Government’s decision not to appeal against Judge Hamaundu’s decision to throw out the registration of the London High Court judgement against Dr Chiluba and others was allegedly a serious insult to Zambians.
President Banda has stated that Government respects the Lusaka High Court’s refusal to register the London court judgement on Dr Chiluba and his co-accused.
The London High Court found Dr Chiluba and seven others liable for the loss of about US$46 million public funds.
But the Court of Appeals in London threw out Judge Peter Smith’s ruling.
And the United Church of Zambia (UCZ) Copperbelt presbytery bishop Sydney Sichilima has condemned Fr Bwalya for calling for demonstrations and acts of civil disobedience over London High Court judgment against Dr Chiluba.
Bishop Sichilima said in an interview yesterday in Kitwe that it is wrong for some priests to agitate anarchy in communities.
He said it is shocking that some young priests are in the forefront of calling for countrywide demonstrations instead of preaching peace in the country.
“Personally, I’m disappointed that some priests can agitate countrywide demonstrations and acts of civil disobedience. Honestly, there should be some respect for the Judiciary in the country. Let’s start respecting the decisions of our courts instead of insulting them.
“In my view, there is no need for anyone especially for a priest to start calling for the so called peaceful countrywide demonstrations, for what purpose and who is going to benefit,” Bishop Sichilima said.
He urged Fr Bwalya to desist from calling for activities which can cause confusion in various communities in the country.
Bishop Sichilima said Christians must not spearhead activities which can divide the nation.
He urged Christians to engage Government in meaningful dialogue instead of calling for activities that can fuel violence in communities.
Bishop Sichilima said men of God have the responsibility of ensuring that there is peace in communities and that Christians must always ensure that people live in harmony with each other.
“As men of God, we must be role models to communities including to those we think we don’t share the same views with on different things. Where is the spirit of dialogue in us as men of God and above all, Christians? We must not forget that some people can take advantage of the same peaceful demonstrations to fuel confusion and cause anarchy in the country.
“The UCZ will not be part of activities aimed at bringing confusion in the country because the God we serve is the God of order and he demands that where there are Christians or his children there should always be order and peace,” he said.
Mwata even when FACTS are presented on all Zambian blogs you still try to LIE and say his appeal went through.
In FACT his part of the deal still stands and proves Chiluba’s GUILT.
CHILUBA’S UK Judgment still stands to this day.
IT HAS NOT BEEN DISMISSED AT ALL.
Dont let Blind followers of MMD to say any different.
The A.G Of Zambia has spoken today.
A protest does not have to be in a form of a demonstartion that is viewed as anarchy. I have a suggestion which might work. Citizens can write a note to the Attorney General and the President that we need an answer on the way forward for this case. These notes can be collected at a central location in the presence of the news reporters. Assuming that two bags or boxes will be made available, these would be dropped off at the Attorney General’s office and at State House. I am certain that such an action will send a strong message to the decision makers. This is another civil way of protesting.There is no need to go round the cities disrupting business operations.
#8 Peter..Abyud Shonga is very Zambia..He was solicit General when Malila was Attonrey General..He has a PHD in law and is a very young and sharp guy..His father is a former diplomat..
Vindicated Chiluba is still a thief and will always be one. I wonder how this clown would enter UK with his diplomatic passport.
AG we all know MMD has become Police, Judge and hangman so save your breath cause you have a lot of explanation 2012
#27
… s Am sorry to say that both his sharp mind and PHD have gone to rest while he serves MMD interests
learned friends, they call themselves but they are failing to explain clearly to the public what is going on. one lawyer says something and other lawyer refuses. They usually boost to know too much now they are confused at they own game. Interesting:o
can some one explain pls,Chiluba is demanding $8m in Zamtroop a/c a Govt of Zambia Security a/c he claims it is his personnel money even the Auditors verified that? Should we the people of Zambia give him the funds on top of that build him a k7billion house for retirement at Baobab and 80% pension current president annual salary
De ja vu, there is nothing wrong the Attourney general has done here. Hi will act advisor and will only act on instructions as per the law
#33 Positivist pa zed – The guy is being used by MMD and if I were him I would just say no comment and let Shikapwasha do all the blah blah.
I am not sure about Abyudi having a PHD???? Anyway, he took over Shamwana and co after Edward Shamwana passed and ironically his partner in his law firm is/was Steven Lungu ( current Laz president)
As much as we may not like it, as long as his advice to the government is based on a sound legal premise, he can only do as his master (GRZ) demands. If he feels a moral and professional contradiction the option of resignation exists, but i dont think he has necessarily compromised his professionalism by his actions so far.
So these dull guys tell the AG and DPP what to do? This is what the AG is saying. Really its Zambia a country full nothing but dull brains.
‘The Attorney General draws his power from Article 54 of the constitution. My functions, amongst others, are to be principal legal Advisor to the government and to represent government in courts or any other legal proceedings to which government is a party or in respect to which government has interest in.’ – Advice can to taken up or ignored, in this case Gov’t of the day [client] does not want to proceed with the case, end of story.
The good brained lawyer aways wins even if on the wrong side.
#37At a Glance- Only consolation is he has conceded that FTJ is not innocent- We just wait for the AGs new client 2011
Now now now, here is the AG clearly stating that Chiluba is still athief regardless of this Hamaundu masalamusi verdict. I wonder what Kanitundila and his Propaganda Vhuvuzela-in-Chief Shikapwasha will say now. This is indeed a circus, it only gets better by the day. By the time it’s over and we are past the 2011 elections, some people will be called to account for their stu,p.i.d.i.ty. I do wonder sometimes, all the things Shikapwasha has been saying, what do we charge him with when the time comes, negligence of duty or just plain stu.p.idity, or both?
#10 – I concur with you completly, if the government refuses to take his advise, h should be honourable enough to quit! Chiluba stole money from here, Zambia, and laundered it in London where we sued him and obtained a verdict against him. Just how we can recover the stolen loot there where it was shipped to and not be able to do the same at the source is vexing me. That’s why I have always been very suspicious of lawyers, you know, it’s like saying 1 + 1 = 2 but 2 is not equal to 1 + 1, it just does not make sense. Maybe only to these chaps from the school of social sciences called attorneys.
Bauze Ngozi 41. I know it seems as if they are playing around with words, unfortunately the Law can seem unfair, but it has to offer justice. According to the London Judgement Chiluba is guilty as sin. But if the Law in Zambia requires a foreign judgement to be registered first before it can be enforced locally, then doing anything to the contrary would be illegal. remember, the AG did not make the Laws.
Can 1 + 1 = 3? Of course, its called synergy.
you fools need to understand the DPP has nothing to do with this case as it is a civil matter and not criminal. Further as AG has pointed out it is Government that sued and AG acted on behalf of GRZ as its principal legal adviser. It is Government to decide whether to continue this case or not. All AG can do is provide expert legal advice but ultimate decision is the sole preserve of the Executive Cabinet headed by HE. So if PF becomes Govt they can restart the suit but they will have to restart it and make new submissions because this judgement as it is cannot be registered in Zambia. So no matter how much noise you make the AG is correct in his response. If there is anyone who needs to resign it is George Kunda
Uko abanesu….abapaunda fi Law. The question is …or are we saying yes chiluba Stole but we will not take him to jail but just recover stolen properties from him…tefyo ba lawyer
Everybody knows everything that you guys are discussing here. We are just wasting time no justice can be done if there is any injustice in what is going on here. Chiluba is just on the right side of the fence and knows very well what to do to stay clear.
The AG well said. Now Corrupt George Kunda wil conspire to fire you on behalf of RB. What propeties have we recovered so far from Chiluba? If anything that is evidence enough that Chiluba is a short little big thief.
We have a TV in our possession and his numerous $1m & Money which he has failed to account for. So Chiluba is a thief.
Ubupuba pa Zambia!!!
The damage Levy did in the minds of illiterates is irrepairable! If you repeat the same news over and over again, it will stick as gospel truth! That is the problem many suffer from! Who is a thief? Levy and some who wnat to destroy others are! Shame!