FORMER Patriotic Front (PF) secretary general Edward Mumbi has filed a court notice which is seeking PF president Michael Sata to produce bank statements and audited accounts of the opposition political party and his business.
And some PF cadres-cum-hooligans yesterday insulted Mr Mumbi, his friends, and his lawyer Keith Mukata within the Lusaka High Court premises.
Mr Mumbi also wants Mr Sata to account for K35 million, which the Zambia Centre for Inter-party Dialogue (ZCID) gave the PF during the 2008 Presidential elections.
This is in a case where Mr Sata has sued Mr Mumbi for defamation of character on grounds that the former PF secretary general accused him of stealing money, which some people donated to the party.
In his ‘notice to produce’ filed in the Lusaka High Court, Mr Mumbi wants the PF president to produce bank statements relating to his accounts maintained at Standard Chartered Bank, Finance Bank Zambia Limited, and Zanaco for the period January 2001 to December 2009.
“Take notice that the defendant (Mr Mumbi) shall at the hearing of this matter require the plaintiff (Mr Sata) to produce the following documents…bank statements for Patriotic Front for the period January 2001 to December 2009, relating to its account(s) maintained at Finance Bank Zambia Limited…
“List of names, addresses and phone numbers of observers deployed in the nine provinces during the 30th October 2008 Presidential elections and an account of how the K35 million released by the Zambia Centre for Inter-party Dialogue was applied,” the notice reads in part.
He further seeks Mr Sata to produce the PF’s audited accounts from 2001 to 2009, and audited accounts for M.C Sata Business Consultants and Manufacturer Representatives for the years 2001 to 2009.
When the matter came up on Monday this week, the said documents had not been produced and Mr Sata’s lawyer Wynter Kabimba was of the view that there was a procedural irregularity in Mr Mumbi’s request.
Later the parties resolved that a formal application under a relevant order should be made after which Judge Evans Hamaundu will make a ruling on whether Mr Sata should release the documents.
After the case was adjourned yesterday Mr Mumbi said he will immediately re-file the application through his lawyer Keith Mukata.
[pullquote]“This man, who is vying for the highest office of the land, hired street kids from the markets to escort him… those were not PF members but street kids who insulted me, my lawyer and my few friends who escorted me to court after the chamber hearing was adjourned.[/pullquote]
“I will re-file this application immediately as a matter of urgency. I would like to see this matter come to its logical conclusion,” Mr Mumbi said.
Meanwhile, some PF cadres, who included youths and elderly women, unleashed insults at Mr Mumbi, his friends and Mr Mukata after the case, which was in chambers, was adjourned.
Mr Mumbi accused Mr Sata of hiring hooligans from City and Soweto markets to escort him to the court.
“This man, who is vying for the highest office of the land, hired street kids from the markets to escort him… those were not PF members but street kids who insulted me, my lawyer and my few friends who escorted me to court after the chamber hearing was adjourned.
“We all belong to political parties but we did not have any cadres at the court. So I want people to make their own opinion as to which party is decent or which person is better than other because this matter does not need the presence of cadres or that kind of hooliganism,” Mr Mumbi said.
[Zambia Daily Mail]
Mumbi ukutemwa ubwali!!!!
Mumbi’s requests seem reasonable enough to me.
even if they are reasonable, Mumbi is just a disgrace to the zambian society!!
Mr Mumbi knows the truth about that money as a former general secr.Mr Sata should produce those audited accounts, so that we know how mr sata will account for state resources, if by the will of the devil he becomes president in 2031. Let not support wrong things becouse someone is PF and you’re PF. The Bible even says that, if a righteous man sins, all his good works will be forgetten and he will die as a sinner.
AMEN!!
Its like asking for water to come out of a desert rock.
He could be right in some respects but he is a wrong chap. These are people who for a promise of one dollar would sale anyone. He wanted to benefit from PF but was discovered within 5 months and fired so he is a bitter guy. He is clearly gropping in the dark, if he has specifics why should he ask for for all those bank statements and and for such long periods? If he has facts let him just say this date and that account this and this happened. But he wants sleeping dogs to awake. Most if not all of our current politicians have no principals for then politics is acareer (to earn a living from) and not service. Look whoe the same guys have eaten with all governments. If MMD looses you will see the same guys singing praises to the new government and persecuting RB.
Rubish request from mumbi. Mumbi did not produce the Bank statements when he made this allegation. So he can not ask for them to prove his allegation. Let him prove the allegation without the statements becouse he made the allegation without them. The law maxim states that he who alleges- must prove. He can not transfer the burden of proof to Sata.
Can I also have audited accounts from MMD from 1990 to date please.
Mumbi just admit you are bought@!!!
@4TIYE – First ask yourself 2 questuions. 1) Did PF under Mumbi produce any audited reports. 2) Has MMD in the last 18 years produced any audited report atall? Dont just talk because Mumbi is pro MMD. Each time the MMD feel threatened by SATA, they unleash a desparado like Mumbi etc to vomit nonsense. Why dont you wait for 2011 and see who the people will prefer. If you start sweating now how much will you when that time comes?
There are no records in PF ba Mumbi.You know very well that mu PF,it is from Donor to Sata to mouth.No accountability whatsoever.Ask the Taiwanese,they know better.That is why they have vowed never to drop their money in the PF/Sata bottomless pit.
even the 27000usd in south africa must show how it was obtained
Most chaps joined PF because they thought PF was going to form government and had this worked there would be no rebel MPs, no Mumbis etc
sata is a finished cabbage, ready for the dustbin! Actually he’s a chief kaponya pwele wamu ghetto!
# 11 MMD as party in not appearing before the courts of law. there are many psychophant that have left MMD and not a single sh.i.t has queried MMD transparency or the lack of it. What is the problem bane kanshi. if someone says produce the accounts just do that and prove Mumbi wrong. But knowing PF everything is complicated and surely for five months as PF SG you wouldnt have expected Mumbi to produce annual audited accounts mwemashilu ba PF. the same courts you say are baised are very ajudicators in this very one. Ba SATAn who is your advisor kanshi. Better take no action against Mumbi and you would have saved your iminent shame. shemuna bane sheeeeemuuuu. Ba Mumbi naimwe mwaliba nomusebanya how on earth would you expect Sata to have audited accounts.? ba Sata TABAKWATA AMA ACCOUNTS
2001 to 2009 is such a long time.Mumbi is just trying to buy time.If he had data he was going to ask for a specific year
@16 Alinaswe. For Mumbi,there r more important issues he must focus on than destroying the only path to MMD eviction zambians need in the name of the PACT. Its a pity prominent educated fellas pa zed r getting as low as debating trivial things like this. In the first place we don not know how MMD’a accounts have been since 1991? We also do not know UNIP’s as Tilyenji holds on to the presidential seat come rain come sunshine. However, to try & counter sue a complaint especially as a lawyer just lucks credibilty. Mumbi must not be untouchable because he was once PF. Thats the spirit gullible zambians like you needed to be exorsed of! Mumbi is just a looser! who wants attention & probably position from MMD.They wont give him like His colleague Machungwa. All positions r filled up,u know…
Sorry People . precedent was already set in the Zambian Courts when the POST called Chiluba a Thief and asked the state to make public the details of the ZAMTROP Account. This is the same thing here people. If PF is clean, let him just produce the statements and prove Mumbi wrong? The compensation reward is huge for defamation. I hope the PF print press forgery machine that produced a University degree certificate for SATAn from Matero University is not now in an overdrive quest to produce forged audited records
According to the PAPER THAT DIGS DEEPER you know it, others will say its THE POST but most of us we know that the paper that digs deeper is the Tissue and the Post is such a paper. This paper has failed to dig deeper concerning Sata’s accounts and yet they want to pretend that they speak for the masses and SATA has chewed Taiwanese donation but you cant expose. Why should GRZ controlled DM and TMZ do the job for us. Sata is scandoulous and yet the post cannot report how Sata hired street kids to go and shower insults at Mumbi and his Lawyer. If these street kids were alleged to have come from MMD the Tissue (Post) That digs deeper for s.h.i.t would have given us screeming headline of this and that. To hell with that POST forward with TIMES OF ZAMBIA AND DAILY MAIL
sata is the one who sued Mumbi so he must produce the evidence requested. sata should have just kept quiet instead of suing. remember the chiluba is a thief case? Membe asked for the zamtrop account details for them to show that FTJ was a thief and what happended thereafter you all know. so sata is in triuble now because those bank statements will show how he misused money and also there are no audits done on PF for the last ten years
15 Serenje Boys/Tech- Wa sekemuka amafi nga chikanda bakandwile mbwelenge. Chiluba was ngwangwazi when Sata was business consultant.
What i know is SATA will be found with a Case to answer, unfortunetly we all know how irresponsible the run the PF , its a one man shop you contribute to SATAs treasurey…how do u get poor. Just like our FAZ ! u know who am talikng about every transfer deal he has to be involved now i hear players pay to be selected to play for the national team!
MMD CHIEF BOOTLICKER, Take it that precedency is never set by a non-legal institution, like you allege the post in calling one KAFUPI a thief! If Mumba cant proove that he is not guilty, there is no way he may be counter suing Sata, its trivial behaviour for a man who uphold the law for the poor masses. I doubt he is a good representative at all.I am of the thinking that even your allusion to Sata’s so called matero degree is too naive of you. Do you know what KAFUPI holds for much pronounced titles? If you r able to bring Sata to book over his degree, the courts r there to do that & if found guilty incacerate him . Problem is there a lots of them big fishes who hold these fake degrees & cant afford plucking the log out of Sata’s when there is too heavier all the to their birth…
# 17 and 18 if you say UNIP and other parties have not also given or produced accounts.What does the Law on Political Parties Say. Just because your friend is not doing thisngs right is no passport for you to do the same. My question is why should it be difficult to go to the bank and bring statements as demanded byMumbi. Ba PF BENA FYONSE KULWISHA APO MWA AMBILA.. State House mulwisha fye, funding iyakulwisha from donors mwalya the list is endless
Iwe Mumbi, you know it yourself and yet you want us to believe that Mr Sata has no support other than from street kids. Bufi ubo ba Mumbi. You have no support, on the contrary, and that is why nobody was at court with you, simple.
Iwe Mumbi, you know it yourself and yet you want us to believe that Mr Sata has no support other than from street kids. Bufi ubo ba Mumbi. You have no support, on the contrary, and that is why nobody was at court with you, simple.
Sata does not need to call anybody from the streets. We just follow him wherever he goes. He has support everywhere.
Ba #13, ala mukwai surname yenu ilentulumusha, pliz , kindly use ur middle name!
@25,Alinaswe. Who says donor funding kulwisha? Its out there to be given to anyone who has a legitimate party(certified by MMD electral commisiion). PF is not MMD that uses both donor funding, zesco money,taxe payers money, then Zamtel and gives the rest to Tandiwe to go & compagn with Vitenge va RB in the name of community work, NO! Dont be blinded & gullible. You r living in an MMD box! Which law requires them to parade their accounts? & what has it done to those that have not? Dont think HH or RB or BY worse HP will publish these accounts, its neraly impossible because the ones that give it to them do not condition that they do. Form a party today, you will be better off unempolyed than bootlicking MMD buts for a living like you are doing. PEACE.
If PF is so clean, then releasing audited accounts as requested should be no problem.
Mr. Sata dragged Mr. Mumbi to court, unfortunately for him, the burden of proof falls on him. He must prove that Mr. Mumbi did actually defame him.
This case will bring confusing to PF as party I can see PF Kaponyas are panicking. Icinshinka chilakalipa If Mumbi did not tell the truth Mr. Sata was not going to go to court. The idea for Mr. Sata was to stop Mr. Mumbi from talking the truth, now evidence is required in court.
# 29 I would rather be in MMD Box than in Sorbibo PF. Sata can only be a president of Zambia as a fossil. That is only and only if the PF survives POST SATA ERA.
Instead he should tell us what happened in RSA where they went to print ballots!!!!!
Who is Mumbi to request such things under Zambian law? Can I go to State House and demand bank statements of MMD? The guy smokes too much chamba
please don’t just defend people. SATA just care about himslf no-one else. remember last time he ate monies which where donat ed by MPs for mr Mutongs funeral.
Problem is we look at such issues with eyes of cadres, thats why we fail to progress as zambians.
Iwe chi mumbi we are talking about defaming here and not audits if you want take that case separately atasee.
people, lets be objetive…. if Sata has nothing to hide, let him not dilly-dally with the financials. if at all Mumbi accused him falsely, he should have nothing to hide.
these requests by Mumbi should be taken serious. let your sata provide this info and u will understand why they were friends with Chiluba up to the end. u will know that there is no difference between the two. they have alot in common these thieves.
No.34
In court you have that right, in order to prove something. State House, by the way, would be the wrong place to start your request.
let’s not be cadres people, but objective zambians.
Blogger #4 you are not yourself, then #15 the so called serenje tech plse dont use Our Able School as your cover. I love my former school.
Let all political parties account for their expenditures since their inception(formation).
Ba #13 bushe muli banakashi nangu baume?
when you want to know how a crocodile leaves ask hippo old sondashi herbalist saying. mumbi has hit sata below the belt and sata is still staggering
Rubbbbish again from the LT AND the mmd government. mumbi TOTAL DISGRACE!!
14 Deja Vu, so are you admitting that the PF had and still has no real support then?
#28 mwebo ba ro Bina kwishiba ifyenu muliumfwile? kani ishina liandi liachita ndo?mukaleta kankungwe pa nganda pa mwenu nga mwalaleta imipulwe kubantu abo tamwishipo.musunge bwino akantu kenu
If Judge Hamaundu says produce, Sata must produce. He is not a sacred cow. They say if you live in a glass house do not throw stones at others, but this Sata guy is incorrigible he even throws rocks at Mumbi.
Alinaswe@32. I rest my case against you.because you are a coward. It is said-“our lives become extinct the day we become silent about the things that matter to society”. PEACE
@7,Cybercop-I like your line of thinking!
Well, if Zondwe has been spending the money on trips to his Mbeya homeland, he will have to account for it. This could spell doom for Zondwe just like suing Nawakwi did for FTJ, mark my word.
Is this the Mimbi who was with ZAMTEL and was revealed to hold bogus degrees from Matero University??
I would be very ashamed with the Zambian Judiciary if he were ever to be heard and believed, of course, considering his questionable character and intergrity.
I am no Lawyer, but since Mumbi made allegations is the onus not on him to prove the basis of his allegations? If he called Sata a thief, then he needs to provide the basis of those allegations. If it is based on bank account statements, then Mumbi should produce the statements – NOT Sata. There is no legal requirement for Sata to have his business accounts audited, so why should he pay auditors to satisfy Mumbi?? The audit may indeed prove Mumbi’s allegations, but prior to the audit, what is the basis of Mumbi’s allegations? This is what Mumbi has to prove.
Mumbi is in a sticky situation, with the Law…. LT ‘bloggers’ beware with your statements which often border on slander and defamation.. your can be traced using your IP address and your email addresses regardless of what…
Capitalist@30, your reasoning or the lack of it is quite worryingly of mark. The burden of proof is on Mumbi- he made the allegations,he has to prove them.
…tired of this sh*t! I wish I where blogging like…so when is the chainda – chilanga -kafue underground train going to be commissioned? Why the delay?… or gee, the 6 Boeing the state has purchases are excellent, we welcome the new, cheaper routes to the far corners of the world…at last… Why don’t stuff like this happen for us?
After reading the comments above, i have decided – thats it – i am leaving Zambia. Enjoy your political debates guys.
Nachale@54, i feel your pain bro, i feel your pain. We focus on such trivial matters, and we cant even do that logically, and unemotionally.
It is the reason why we are where we are as a country economically and consequently, socially.
The leadership is mediocre and they are not held to account. Instead we focus on this distraction called politics.
Umuntu Mutwe@51 & 52. Is it true that your head is upside down hence your thinking as well. Accounts under International Auditing Standards should be audited semi-annually or annully. So those accounts might have been Audited annually before the request by mumbi , if not so , SATA has another case to answer and i will personally see to it that the issue is handled. A thief to be in State House No No No NO No.
TIYE@ 57 you say “….accounts under International Auditing Standards should be audited semi-annually or annully.” Today is your lucky day because you will recieve a free education. Statutory financial reporting of companies is governed by the Companies Act, NOT the ‘Auditing and Accounting standards’. Audited accounts is only a legal stipulation for public companies generally and perhaps charities. WIth regards to private companies, there is no stipulation to audit accounts, although this may be done voluntarily for control/ assurance purposes or as a result of loan agreements and other covenants that the company may enter into.
lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! lelo lelo! Sata wawa! and this is a man you want us to vote as president. A man who cant learn from the friends (Chiluba) mistake. :d:d:d:d:d:d
It is only when the accounts are audited that they become subject to those standards.
# 35 is very correct. Sata chewed K6.5 million donated by MPs for Mr Mtongas funeral. He also behaved like a fool at the burial in Lundazi. This chief Kaponya is a disgrace. Only time will tell to those sceptics. Its not hard to distinguish a fool from the wise. Just let him/her open the mouth.
“Zambia: Mumbi challenges Sata to produce audited accounts of the party and his businesses.”
Wrong headline for a judicial proceeding.
SATA for 2011 ! VIVA PF
When I saw a picture of Sata in his vuvuzela (The Post) showing him sitting in front of a private minibus driving out of the Lusaka High Court, I didn’t know that he had rented hooligans from Soweto and City market to escort him to court. That shows Sata has no respect for our judiciary.Thanks Mumbi for taking on this sickening lumpen whom some misguided elements think is unchalleable.
# 4 TIYE says:
You have written and I quote “The Bible even says that, if a righteous man sins, all his good works will be forgetten and he will die as a sinner”. End of Quote. You are right. This statement FITS the Little BIG thief FTJ Chiluba.
Well Said No. 4. You have made my DAY!!!!
But MMD cadres are so dull. Ask yourselves whose BURDEN OF PROOF is it in this case. Mumbi is accusing Mr Sata of some irregularities in financial handling of PF and his own businesses. The person accusing the other must provide evidence. Not the person being accused. Mr Sata is innocent until proved wrong, but Mr Sata proving himself innocent. What wrong is this cadre ignorant lawyer for Mumbi using? Sata just have to prove to the court that he was defamed by poviding the papers and evidence of the foolish Mumbi’s rants. Mumbi has to prove that what he said wa true by providing evidence, period. Cadres, so ignorant. Do you guys in MMD read?
Where is the burden of prooof? Should Sata implicate himself or Mumbi should provide the documents to show to the court that Sata stole.
UMUNTU MUTWE YES MUMBI MUST PROVE HIS ALLEGATIONS HENCE HIS REQUEST FOR THOSE STATEMENTS TO BE PRODUCED BECAUSE THEY WILL SHOW THAT SATA IS A THIEF. MY BROTHER IF YOU ARE RIGHT WHY DID LPM RELEASE THE ZAMTROP ACCOUNT DETAILS TO DIPAK, FRED AND NAWAKWI, IF BURDEN OF PROOF IS ON THE ACCUSER???? COME ON SATA IS THE ONE IN A STICKY SITUATION AND HE HAS NO REASONABLE GROUNDS TO REFUSE SUCH A REASONABLE REQUEST BECAUSE BY LAW PF IS SUPPOSED TO PROVIDE AUDITED ACCOUNTS TO THE REGISTRAR OF SOCIETIES AND IF THIS HAS NOT BEEN DONE THEN THEY WILL BE IN TROUBLE AND COULD BE DE-REGISTERED
THE BURDEN IS ON MUMBI BUT HE HAS THE RIGHT TO ASK FOR CERTAIN DOCUMENTS THAT HE CANNOT REASONABLY OBTAIN SO HE MAY REQUEST A COURT ORDER FOR THOSE DOCUMENTS TO BE PRODUCED WHICH HE HAS DONE AND NOW THE JUDGE MUST DECIDE. IF JUDGE HAMAUNDU THE SAME JUDGE PF AND OTHERS HAVE BEEN INSULTING DECIDES THAT THOSE DOCUMENTS ARE RELEVANT THEN WAPYA MUNZI FOR PF AND SATA BECAUSE THE MAN HAS NEVER DONE AN AUDIT OF HIS PARTY FUNDS AND HE KEEPS ALL PF MONEY IN HIS PERSONAL ACCOUNT AT FINANCE BANK. I HAVE A LETTER SATA WROTE IN 2006 ASKING FOR DONATIONS TO PF AND FOR THE MONEY TO BE DEPOSITED IN HIS PERSONAL ACCOUNT WHICH IS MANAGED BY HIS NEPHEW MILES SAMPA. AND MR MUNTU DONT THREATEN PEOPLE ON THIS BLOG. WE HAVE ALL A RIGHT TO FREEDOM OF EXPRESSION SO LONG AS WE DO NOT DEFAME AND SPEAK FACTS
These stories are just a circus, Mumbi must present the evidence to court period! Accounting books can be cooked that is why accounts can only show a true and fair view.
# 70 bashi philipo mulichipuba,and which practitioner is going to put his proffesion on the line by certifying cooked accounts for sata’s sake ?typical pf mentality of simplifying issues
ANACONDA IS BACK AND ALL YOU PIPO BETTER LISTEN. SATA IS A THUG. HE HAS ALWAYS BEEN, HE WILL ALWAYS BE. SATA IS THE 1 SUING MUMBI. SO MUMBO CAN REQUEST FOR BANK STATEMENT IN HIS DEFENCE. Y DID SATA OPEN A CAN OF WORMS WHEN HE KNEW HE HAS A LOT TO HIDE? AND U PIPO TALKING OF THIS PACT @#$%, WHAT PACT? THERE IS NO PACT IN ZAMBIA.. I LIKE THE CONTRIBUTION OF THIS PILGRIM ABOVE, THE TRUTH (#69). SATA AND HIS CALL BOYS IN THE POST HAVE BEEN BUSY INSULTING THESE JUDGES AND NOW THEY NEED SOME FAVORS TO RETAIN SOME DIGNITY, BECAUSE THE TRUTH IS SATA HAS BEEN CHEWING DONOR FUNDING. SOME FOOL UP THERE SAID SATA WAS A BUSINESS CONSULTANT WHEN FTJ WAS A CALL BOY, THE TRUTH IS SATA WAS A COLONIAL THUG WHEN FTJ WAS STILL A SAINT. SATA WILL NEVER BE PREZ OF ZAMBIA, PERIOD. YOU PF $#@%^&*S CAN DREAM ON!!!
VIVA BA BROTHER BA ANACONDA,BEBENI BA NGWELE, NICHO NIMWE BA BROTHER NGA NALIMUMFWISHAKO BWINO.
Who produces evidence on behalf of the accuser? Once you are accusing someone about any case, you must have evidence, not the accused to produce evidence for you.
#66 Kalos2121 you are one helluva an illiterate chimp who parades his dullness on this blog whilst commenting on anything even what your small brain has little capacity of understanding. how can mumbi access sata’s account records? do you even have an account i wonder?enlightened people are giving you the example of chiluba is a thief debacle where the court ordered the producing of the zamtrop account records,but out of your idiocy and foolishh ego you dont want to learn anything.remain stupiddd
Ba Mumbi ukutumpa, geti auti!
Why do you like painting Sata black? # 72 are you a thug yourself? I guess you are. Please Zambia vote for Sata and do not listen to these guys full of hate.
Yes your highness, I think nkani ya ma bank accts and audit reports iliko tricky so I plead thee your lordshipness to please skip this part.Ok then just cancel my the case because vintu ivi vinabipa manje manje so. Ba Sata biggie, what were you thinking by taking your former SG to court like that?You’ve been an SG of a party yourself and you know just how much data SGs know about their respective parties so that Mumbi chap knows all those dirty secrets and happenings in PF.Ok iliko tricky papa.Just hope Mumbi’s lawyers are dull enough not to know which strings to pull on you, otherwise this case Bembas would say ati ‘wauma akaputi kuculu’.
#73 Doris fimofimo shyaniko ka dyonko kaili!
kadobi, I agree with you. sata should have let sleeping dogs lie. he is the one who took mumbi to court and for him to win he has to prove mumbi defamed him while for mumbi he has to defend himself and use all information at his disposal to prove otherwise and if the Court orders thats it for sata, he will have to produce the documents even if it will be just for the eyes of the Judge, he still has to produce the documents because the Judge has to make a decision on the ‘balance of probabilities’ and not on ‘beyond reasonable doubt’ like in criminal cases. remember this is a civil suit and the burden of proof is not the same as in a criminal matter
# 75, Ba Doris, I wont insult you, but probably your brain is too small to think of anything but insults. Ask your dimwit Mumbi to produce evidence. He is a dimwit for having uttered things he did not have evidence about. The issue here for you MMD dimwit to understand is burden of proof. Why do you want Sata to give the accuser his account? Why was he accusing Sata for things he had no evidence about? So, if you fail to understand the way the law operates, please go watch your stinking mouth rather than exciting yourself with no points. Next time check if there is anything between your ears. That will help you understand whose burden of proof this case is for. Cadre.
The Truth, you’re spot on.Maybe ba Sata can just withdraw the case when it reaches trial stage to save himself from eminent embarassment.The guy he has taken to court has nothing to lose because he is nothing in politics so to say, but 2011 is so near for Sata to risk having his skeletons exposed.Anyway, fili ekotuya!
Mumbi wants to produce his evidence but since he is not the lawful person to produce it, he has then asked the right lawful institution to produce it via a court order.Ba Kalos2121, without being emotional, can you refute that this is what Mumbi is trying to do- fulfilling the burden of proof requirement?
MMD CHEWED EVEN MWANAWASA’S FUNERAL FUND, upto now we dont know how much of the Euros, US-Dollars, Pounds and tax payers hard earned money was raised and spent. EVEN @ Church within a funeral service they do annouce the figure of donated MONEIS. MMD is worse @ CROOKS LAW so please shut-up you’re as dirty. By the way that funeral fund was it closed? and Administrator (MMD) helped her self.
# 83, Yes Mumbi has got the right to view evidence, but in the first place, he had taken a wrong route in defaming someone without evidence. If the defense produced these documents as form of defense, yes he has a right to be privileged with that evidence. He accused someone, so, he has the burden of proof, not the defense to prove their innocence. This case will bite Mumbi really bad. He might have to declare bankruptcy. With regard to your case with what Mumbi wants to prove, yes he has to prove it, but not Sata to prove it for him. When Mumbi made such utterances, he must have had evidence, where is the evidence he had? Do you see how wide he is casting his foolish net? He is asking for bank statements from 2001 to 2009. When was Mumbi Secretary of PF?
The burden of proof is “the necessity of proof always lies with the person who lays charges.” He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Probably you are mixing up two legal terms, Evidential and Burden. It is not to be confused with evidential burden, which is an obligation that shifts between parties over the course of the hearing or trial. It is not a burden of proof, but the burden to adduce sufficient evidence to properly raise an issue at court.
ba mumbi your sister Bwalya Violet is against Kalusha Bwalya you are also against Sata muli fipuba mu family
kalo2121 analysing your postings,one would tell that you are a ka very funny guy,one of those tuma guys who always used to argue a lot in class like you are intelligent than others but always used to get naught.if am not mistaken you attempted your grade seven thrice and went to a basic school.going by your english the furthest you went is grade 12 and got a distinction in bemba flopped the rest.you are now out of employment and very frustrated hence you being a sata addict.the 90 days majic rings in your head.you cant wait.luckly you have a ka nokia with internet settings that you use to expose your ignorance on the blog.man you are warped.
doris doris doris, mulibakali
#84, for arguement sake, lets say Mumbi somehow has copies of bank statements for the specified period, how do you expect him to produce those statements in court?Bear in mind that for a court to admit any document submited as part of evidence in a case, such a document must be issued by the competent issuing authority..Mumbi is not competent to submit a bank statement in court even if he has copies because courts have their own protocols to follow when admiting documents as part of evidence.It’s for this reason that Sata’s lawyer, Kabimba, didn’t even want to waste time objecting to such a request but instead dwelt on the procedure Mumbi used to make his request. Why 2001 to 2009? Because the defendant thinks Sata has been stealing from 2001 to 2009 and he wants to prove that!
ATT:WINTER KABIMBA Can you please come on and save us from the extreme ignorance and pidgin english of one ka cadre of yours called kalos2121,pliz advise the ka little thing that the respondent has got the right to ask the court to compel the plaintiff to avail any document that he may deem viable to his defence.we have refered the ka thickhead to the chiluba vs membe&co case where the govt was ordered to avail zamtrop accounts but the ka asshole cant get it.please winter help
@ #53 Umuntu Mutwe
Actually Mr. Sata dragged Mr. Mumbi to court for defamation. Therefore the burden of proof falls on Mr. Sata. Mr. Sata must prove that Mr. Mumbi did actually defame him.
If Mr. Mumbi had dragged Mr. Sata to court, the case would have been as you described.
PF cadres behave exactly the same as MMD cadres when it comes defending the indefensible. It’s clear that Sata scored an own goal by suing Mumbi in this case. From the arguments presented above I have noticed that their is a misunderstanding of the term ‘accuser’ and ‘defendant’. From a legal point of view Sata is the accuser because he is the one who sued Mumbi. On the other hand from a political point of view Mumbi is the accuser because he is the one who accused Sata of being a thief. Since we are dealing with a legal(and not political) issue here Mumbi is the defendant so it is within his right to ask the court to instruct Sata to produce PF accounts. The burden of proof in this case falls on Sata. From a political point of view Sata has scored an own goal.
I have been trying to check the so called independent paper in Zambia on the issue of hired cadres to insult Mumbi and others, alas our friend M’Membe decided to go and eat T-bone and look away from this case. The answer is simple while SATA can easily shoot himself in the foot his alliance partner M’membe is more carefull not to do just that. However way we look at it M’membe has not escaped his hiden agenda. My brother Michea Chilufya SATA has been calling people thieves,corrupt and so on. Here is a test case tell us what you have done with the people’s money? you go and hire ba Kaponya to protect you. Politics are not dirty it is the minds of politicians that practice dirty politics. Let us wait for the court case.
Who is on trial here? Proof? Do it yourself Mumbi!
Munzi Waca! Pf Kaponyas are crying for the Master. Sorry guys he started the issue let me show the court what is required for the case to move to another stage.Mumbi knows why those documents are needed for him to proof his case.
Mumbi accuses Sata of misusing party funds . Sata sues Mumbi for defamation . The matter comes to court and Mumbi stands by his word…..So what next for the judge?
………”Later the parties resolved that a formal application under a relevant order should be made after which Judge Evans Hamaundu will make a ruling on whether Mr Sata should release the documents”….
Well , the judge will need to determine whether the plaintiff is right or wrong. So he’ll need the relevant facts from the plaintiff that support the plaintiffs case .
kalos 2121 who is the complainant in this Sata or Mumbi? it is sata who sued and not mumbi. So mumbi has done the right thing to ask the court to make an order for sata to produce the documents requested. it is up to the judge to entertain the application or not. whichever way you look at it sata has more to lose than mumbi. in fact mumbi has the financial backing of mmd to pay his lawyers while sata is spending unnecessary money and wasting time instead of campaigning. he is such a dull man
Campaigns for next year’s elections have started
By The Post
Wed 22 Sep. 2010, 04:00
It is clear that Rupiah Banda has launched his campaign for next year’s elections
SO WHILE RB HAS STARTED CAMPAIGNING AND MAGANDE PUTTING TOGETHER A NEW COALITION OF PROGRESSIVES, SATA IS GOING TO COURT TO FIGHT HIS FORMER MINION. THIS IS THE END OF SATA AND PF. MAGANDE WILL TAKE A LOT OF VOTES AWAY FROM THESE GUYS AND RB WILL GAIN A FEW MORE VOTES AND WIN AGAIN IN 2011 AS A MINORITY SINCE THIS ELECTION WILL BE FOUGHT ON THE OLD CONSTITUTION
TO ALL YOU SANE BLOGGERS THANKS FOR HELPING TO MAKE THESE KAPONYA’S UNDERSTAND THAT SATA COMMITTED AN OWN GOAL. IF HE DID NOT SUE THE STORY WOULD HAVE GONE BY NOW BUT HE SUED FORGETTING THE LESSON CHILUBA LEARNT THE VERY HARD WAY. REMEMBER IF FTJ DID NOT SUE MEMBE THE ZAMTROP ACCOUNT WOULD NEVER HAVE BEEN EXPOSED AS IT WAS AND FTJ WOULD NOT HAVE GONE THROUGH THE 8 YEAR NIGHTMARE HE WENT THROUGH
Assuming that the number of voters in Zambia by 2011 will be 3million, and that 99 persons talking abut Sata do not vote for him, the percentage of votes he can loose will only be 0.003. In short we are nothing to the political dispensation of Zed right now. For as long as professionals such as lawers, politicians, architects, surveyors, engineers, accountants, doctors and the like, do not have a positive impact on the lives of the ordinary Zambian, mere words such as the ones being said herein will always be meaningles. And the have nots will raise one day, and you the people with little wealth to protect will feel it the worst. Mumbi adds no value to what he is doing; but because his actions are food to the ears of the MMD party, he has a platform to abuse.
Ee ni Fwaka, but its sad to see good people talk endlesslly about politics of who is doing this, who will win that, yet Zambia has major problems to deal with. No issues of substance in newspapers!! From the President to a Cadre, our behaviour in Zambia, especially to our fellow Zambians is shameful. Ati one Zambia one Nation! Twanaka!!
# 97, The Truth, Thank you. Sata is the complainant in the defamation case. All he has to do is prove that Mumbi uttered those words and provide evidence about the same. Now Mumbi must come in with evidence that he did not defame Sata by providing evidence of theft, not going to Sata to ask for evidence. The case Sata has the burden of proof in is defamation. Does anyone recall the case of FTJ and a Mr Kafuti when they were asking for FTJ to provide his DNA to match with Kafuti’s. Under the law, the person who supposed accused the other has the burden of proof. Here, please, with due respect to your dullness, you MMD cadres, Mumbi accused Sata of theft, he has to prove that Sata stole by providing evidence and like wise Sata that he was defamed. Why do you with your dullness think
#100 what is the point you are trying to make? It was Sata who sued Mumbi. Why did he not just ignore him and concentrate on trying to make the lives of the have nots better? Also, this is very cardinal to the upliftment of ordinary Zambians because all those who are aspiring for political high office should be scrutinised. If Sata is not above reproach in how he operates within his own party, what makes you think he will behave any differently when he has access to billions of kwachas? If he had nothing to hide, he should have produced the bank statements without having to be asked. In fact they should have appeared on the front page of the post.
BA SATAn PLZ JUST WITHDRAW THIS CASE YOU ARE JUST EMBARRASSING YOURSELF AND BRINGING THE PF IN REDUCLE, FOR SURE PIPO WE KNOW THAT TAIWANEES PULLED OUT IN SPONSORING SATA DUE TO FINANCIAL MISAPLICATION, AS PF IS A PERSONAL TO HOLDER NGO TO SATA. THIS IS NOT A KIND OF PERSON WE WANT TO BE IN STATE HOUSE. NOOOO NOOOOOOO NOOOO TWAKANA BA SATA PLZ LEARN SOME CLEAN POLITICS , LOOK AT THE WAY UPND INTELECTUALLS RUN THERE PARTY ITS WELL ORGANISED WITH LAID DOWN STRUCTURES FYA APOINTMENT AS U WISH IS BAD BU KAPONYA UBO. PLZ SAVE US THIS EMBARRASSMENT NOW PIPO WILL START THINKING HH IS MORE MATURE AND ORGANISED THAN U. BA SATA LISTEN PLZ.
Mr Sata must prove defamation by providing his bank statements for proving defamation? All Mr Sata has to prove is that he was defamed by Mumbi when he Mumbi uttered those words. There are two proofs here, Sata’s for defamation and Mumbi’s for his accusation that Sata stole and he Mumbi must provide evidence of stealing in providing proof of stealing. What is difficulty here for you to understand? Any way you are just cadres who want to twist even what you know, if not I should assume you must be awfully ignorant. I feel sorry for your ignorance. Please learn to read. It is not very difficult to do that. Sometimes just take a book or a newspaper and read. Once you develop that habit, you will find that you will become informed and more knowledgeable. My free advice.
# 87, Your intelligence is evident by the pseudonym you picked. Your level of thinking begins and ends right there, between your knees and your belly button.
#103: You are repeating the point i have made. If Mumbi, a Lawyer, observed that Sata had a problem when he was SG, he could have dealt with it there and then. Now he is talking about it now, when you and me have little impact on the possible outcome of the elections next year. Thats the point i am making. We may talk, discuss, insult, the truth is we are merely discusing; and to the best of my knowledge, Mumbi and Sata may not even read our comments on LT. The chance was missed when Mumbi was SG, we call that professionalism. For me, too late the horse is gone!!
All of them are thevies bumutaninefye ulupiya then he thought he should just spill the beans. that’s what theyb do they are like bandits/robbers who disagree on how to share the spoils. They start shooting each other don’t they?
The Pact has cracked as predicted, let the debate begin! Read the full story in today’s Post newspaper.
BUSHE KA HH MWEBAKESHIBA,IS HE SANE? UP TO TODAY HE CAN’TREAD BETWEEN THE LINES THAT THAT VAMPIRE JUST WANTED TO RIDE ON HIS BACK. IF HE WONT REACT TO SATA AND KABIMBA’S RANTS IN TODAY’S POST THEN HE IS NOT WORTH A TOILET PAPER.IT WILL SHOW HE HAS GOT NO SPINE.
Kalos2121, I have been waiting for you to re-appear on LT so that I give answers to your recent questions to Capitalist 3E’s on new hospitals built by MMD government. Source: Parliamentary Debates 5 March 2009
List as follows:
District hospitals in progress as at 2008: Samfya, Kapiri Mposhi, Chadiza, Isoka, Mumbwa, Kaoma, Mufumbwe, Shang’ombo
Commenced 2008: Chongwe, Lumwana, Kaputa, Chiengi, Lufwanyama, Chama, Mpulungu, Nakonde, Nakonde (which was on ZNBC TV last week)
Others have commenced since then apart from the ones we talked about last week including upgrades. If you wish, I can give you an update as I gather the information. My aim is to use facts to reduce the number of PF liars planted on LT by putting them to shame.
even if Sata withdraws the case, people already know that he has not accounted for all the monies they have used. He has stollen, period.
Why wait this long, Mumbi was a party member he would have raised this for he Good of PF/ nation, they say charity begins at home, His act to question Sata, sounds like last breath of a died horse. Cheap politics we need quality in Zambia. Not supporting PF but these are same silly corrupt zambians. We can do better as a nation.
Naimwe ba MMD YOU CHEWED MWANAWASA’S FUNERAL FUND YOU’VE NEVER PRODUCED AUDITED ACCOUNTS NOR HAVE YOU ANNOUNCED TO THE NATION HOW MUCH EURO AND POUNDS WERE RAISED FROM DONOR CONTRIBUTIONS. KWENA NA KU CHURCH ATLEAST THEY ANNOUNCE RIGHT WITHIN THE FUNERAL HOW MUCH CONTRIBUTION NO MBA IMWE BA MMD MULYA NE SHA BA FWA.
its just logical that he accounts for the monies..Mumbi,its the right thing to do but you would have done that when you were a hinch man…
Mumbi is right to make such a request, and I am sure all Zambians would like to know what kind of a leader Sata is. Sata is not a good leader we have seen his work from the 1980s and 1990s why do people want this man back?
It is like shouting out: Give us Barabas and Kill Jesus, remember your Bible reading? Give us Sata and Kill the lot. Zambia children are going to suffer the worst poverty ever seen in the history of Africa under Sata. Do not vote for this man.
History taught us something when Barak Obama was elect President of the United States of America, something the Whole World Never Believed would happen, to see a Black man rule America. Zambians choose a person that has no corrupt hands, one with clear vision and clean record. Zambians You Can Listen, and Yes You Can..