LUSAKA Resident Magistrate, Charles Kafunda has up-held the issuance of the warrant of distress on former Zambia Intelligence and Security Services (ZISS) Director General, Xavier Chungu to six months in prison with hard labour following his failure to pay the K500 million he was asked to pay for jumping bail.
Mr Kafunda said the application made to the High Court could have not served as a stay on the issuance of the warrant of distress in the criminal case, thereby making the application incorrect.
“The true position is that the 14 days have since elapsed and the K500 million was not paid, and I see no reason why the application to the High Court should serve as a stay on this criminal case,” Mr Kafunda said.
He said this when making a ruling on an application by defence lawyer Nicholas Chanda to set aside the warrant of distress until the matter was heard by the High Court to consider the revision of the amount involved and also to grant Chungu bail.
During hearing of the application before Mr Kafunda, Mr Chanda said the issuance of the warrant of distress was defective and irregular because the request to grant the accused bail and the revision of the K500 million-bail fee had not been heard by the High Court.
“The impression being created that my client has been jailed for failure to pay the K500 million is not true because we made an application to the High Court seeking the review of the fee and ruling is coming up this afternoon (Tuesday),” Mr Chanda said.
He said the application was made before the 14 days elapsed, meaning there was a stay of execution on the warrant of distress because the application was before the High Court.
But Magistrate Kafunda dismissed the application, saying the issuance of the warrant of distress was not defective and irregular.
“In your application, you stated that the stay is effective before the matter is heard, but there is nothing like that in law and I have no reason why the warrant of distress should not be effective,” Mr Kafunda said.
Later, Lusaka High Court Judge Florence Lengalenga rejected an application to grant Chungu bail and also to revise the K500 million fee slapped against him for jumping bail.
Judge Lengalenga rejected the application by Mr Chanda when she delivered ruling on the request to grant Chungu bail and also to revise the K500 million.
High Court Deputy Registrar Jones Chinyama ordered Chungu to pay K500 million for jumping bail.
“I cannot grant you bail because of the past history when you attempted to flee the country using an aircraft and you actually fled the country later, and that betrayed the trust of the Courts,” Judge Lengalenga said.
On the application to have the K500 million revised, Judge Lengalenga said granting the application could have set a bad precedence in the country’s judicial system.
She said such a ruling could be used as an example by people who might jump bail.
“I cannot revise the K500 million bail fee because the accused signed and bound himself to the amount. Doing so will result in setting a bad precedence because my ruling will be given as an example,” Judge Lengalenga said.
She said if Chungu was not happy with the bail fee, he could have appealed against the amount four years ago and not after jumping the bail.
[Zambia Daily Mail]
Today is my Birthday :o)hooray!!!
What is a six months jail sentence???
Who is taking me out???? hands up…
I was actually born 3 minutes to midnight… I could have been a ka new year baby but alas !! Mum was rushing!!!
Pinkly that is funny! :d:d:d
#5 i guess! hoooooooray!!!!!
Pnikly again (birthday)?
Happy 16th OK :d:d:d
Thank you 3RqU
I will damnce my way into the new year.
The Legal System at work I want to request Parliament and RB to build better and modern prisons because some of these corrupt politicians will find themselves in jail.Mr Chiluba is working hard to stay out of jail because he forgot to build jails when he was in power.Good job judges
let these thieves rot in prison.
He has served some jail sentence already and the inmates are very happy to have him because food will be flowing daily to the prison now……..it would not be wise to pay K500m to avoid six months surely!!!!!!
With hard labour! My God this man will never be the same again when he comes out.
#1 Pinky six month is a long period of time, Remember he has other charges coming too.
#11 We are talking about an African jail. He may become a wife in there mind you! :d:d
Chungu failed to raise K500 million kwacha kafupi is broke and all the friends are scared to come out in the open they may be investigated on how they made their money
The inmates will feast on his ass he is fresh and yummy yummy
Good nite guys it is almost 3am I have too much to do in the morning.
When is FTJ going 2join him,let him not hide in the name of God.I rebuke tht headline in the post.
happy birth day pinkly, how old are you now?
franklin xavier chungu, do you remember the cases of whiskey and brandy at your mother’s village near mansa airport? guys mwalisaminwe.
Yeah, they are gonna blast his ass hahahaha!!!!
Ako aka nono ba Nevers, where are you? Te bena Manchester imwe?
ako kanono…
Am quite old mwee! But i still have a few years more before i reach 30.
Why is the law so scared of the tiger fish???? if i may ask????
Many on this blog were saying Chungu’s coming was a deal with RB.
What do you say now after this Judgement?
I always tell Zambians in the diaspora not to hate your country. The Jews give us an excellent example. No matter how chaotic their politics become, they support their country.
This is different from supporting any politician or Party. Just support your country and it will succeed from the support of so many who wish it well.
abena ubuntungwa, limbi twalilasapo ipainti pamo ka?
#25
They are still setting us up!
Chungu will only serve a few months in the same jail (if its not at his house equipped wth security officers guarding him naba police) and in a blink of an eye he wil be out of jail.This is zambia 4u,a criminal cnt bring himself in2 the country in broad daylight,thats a Total lie.There are some connivity involved
# 26 Efo namona ka. Telulya twali pa manc na bena London, and scots?
pinkly, i had so much beer on my Xmas party I still have it i don’t know what to do with it. it is just finishing space in the fridge. i’ll send some by DHL wamvela.
#29 kuti mwaishiba mwansa umuguys?
ako Kanono ba….
Sorry papa, i dont take drink…..beer
meant i dont drink beer
#27, Pinkly, I suppose nothing can convince you until Chungu is killed. What is it that has created this paranoia in you. Is it the insecurity of living in a foreign country and you are taking it out on your country or is it the Government of Zambia.
Let me wish you a happy birthday and a prosperous 2009. I speak blessings but you should also be a better person.
#24
Wrong! i dont live abroad! by the way, You dont speak blessings with … a ka but… ku last. Am a better person than you,that i can assure you. Dont spoil my day i beg in the name of Jesus!
#31 i think i know mwansa.
H27, Pinkly, By the way Dr. Kashiwa Bulaya has completed the judicial process up to the Supreme Court and is in Lusaka Central prison serving 5 years for purchasing fake ARVs.
Is it also a set up according to you. May be you should speak to his wife?
Six months only, anyway its ok since its just because of jumping bail. :-?,Pinkly, is t a joke or you are serious?
How has Bulaya come in the picture??? This topic is about Chungu. Huh! what is wrong with you??? nawishiba let me celebrate my day in peace. if you ve got something against me, let me know some other time.
#35 , Pinkly, my apologies. And I genuinely, speak blessings for you in 2009.
Enjoy your birth day.
Rashid
What are you refering to….
Great news indeed,it’s time the so called untouchables face the wrath of the law.So now where are all those morons who think the govt of RB is naive to make deals that lead to the non prosecution or freeing of plunderers,this is your wake up call,we have a good justice system in Zambia,don’t go round insulting the intelligence of all those people in govt,magistrates,judges etc,they know what they are doing,you can run but you cannot hide at least not forever.
Pinkly,your birthday off course. try [email protected]
Its true papa
I have sent!
#40
Thanx
Many people would opt for a six months jail than give Govt K500m. Wise man, Chungu. Six months is nothing. Afetr all you will afce longer jail terms for the actual corruption.
Many people would opt for a six months jail than give Govt K500m. Wise man, Chungu. Six months is nothing. After all you may face longer jail terms for the actual corruption. The game hasnt started yet. Keep your half a billion kwacha.
Pinky stop acting like a dog on heat and talk about topics at hand.
The rest of u hungry chaps, this is not a chat up blog. If you are so desparate go to the nothmead night clubs.
KC new to these MBs? :d
this guy should be in beef even his coleques should be fished out so they can also fasce it. twachula pafula, mwe bena zambia!!!
#48
Ela are you on heat Snoopy???
#3 I will. And its cold out there!!!!
#48
8-x Snoopy your owners have decided to lock you inside the gate so no going to sporty!! Your face!!! Its not you to tell me what to do ok?? there are better bloggers i listen to when it comes to that. nonsense! we are a family here, so if its not beffiting you, you can leave.
Chungu’ assets fronzen and his sponsors have run out of patience, since he is no longer in the system, he is of no use.The same sponsors are now cutting deals with NyamaSoya’s boys now so Chungu of no use. fortunes have turned. The ame to Chiluba thats why he is clinging to medical reviews to stay out of jail. but jail will wait for him.feigning illnesss wont save him. Chungu has gone in for 6months. shame on the plunderes. Time has caught up with them.
#48. KC or keshi leave our lady alone … its her day so dont spoil it with your ranting.
And dear Pinkly put my suspicions to rest by denying that you are not the original Baby C …. i have a gut feeling that …..
No. 48 may have been crude but his point was valid.
Umugazebo and family
What makes you think that am baby c?
Zambians in the UK or Zambian born Brits, do not get yourselves into trouble tonight. Remember you need a licence for fireworks now. If you didn`t get one don`t blaming dare! Enjoy!
hey pinkly iwas here to comment on the said topic…but i cant just do that cos its ur bithday HAPPY BIRTHDAY to u. u make my day on LT take care….
Yaba! vaipa vintu pa Zed.
whats up KC looks like you are entering this year with burning issues why talk of a dog on fire???? man!!!be real :((
K500 Million should not be a problem for Chungu
Lets face the truth #48 had a point,this pinkly girl is all over the show or is it because its her birthday?
hey afriqueen
Thanx dear, am humbled.
Dec 31 st,2008 at 2:52 pm vote ^:)^^:)^
Ba guy, you will now enjoy yr money, help yr friend in jail.”
#64
Chakubaba? Its because i have friends on this blog, who really makes my day! Am liked my dear! Hoooooray! cheer up! I was born on the very last day of th year.. so c’me on man, no need to have that scowl on your face….
#66 is meant for # 63
Next time he comes court Chungu should decked in prison all whites since he is now a Kaili – convict.
Sichinanibabe!!I repeat #48 is a man. He was just calling a spade a spade and not a spade as a spoon spoon.
Some of these postings are so personal that you are left wondering whether you got into some chat room unintentionally. Please spare us your conquests. :-@
K500 million is a lot of cash a little over $100,000 dollars that is too much money. All his friends have run away
Pinky happy birthday
Pinky no fu*cking and no beer tonite keep yourself until you find that right person to marry.HAPPY BIRTHDAY
Why did Chungu come back? Why did Anuj Kumar Rati come back after jumping bail? Did they really believe with LPM dead nobody would touch them? Now even Chiluba is talking everyday, what has changed? Was he scared of LPM and is now at ease ?
To all LT bloggers Happy New Year Jah Bless
Happy New Year Father Kwanzaa!
Cheers I am gone guys!
Though the sentence is very light, Chungu should be put together with other criminals so that they can teach him a lesson. I want to visit him in jail just to confirm he is there. We cannot be dribbled again. Viva justice and viav LPM. May Chungu rot in jail please.
That’s mockery …6 Months??? The guys had better be serious. Is this what the entire nation has been waiting for? I’m not happy:(
These guys are going to start stealing like no body’s business; after all there’s only a few months to serve against their crimes:”>
Kaya anyandule!!!
Is this supposed to be his christmas or New Year present? I’m ver depressed with their ruling. Kulaa fikaka …:((
Father Kwanzaa
Yes father and thanx
CHUNGU, CONCENTRATE ON NOT DROPPING THE SOAP…………….THE INMATES ARE GONNA TAP DAT A.S.S! :d:d/
Pinky Happy birthday :d/:x
Thanx, the watcher
Goodnight bloogers 😡 and:*to you all
abena chungu yazanda.Who is coming to the fireworks 2 celebrate?
Chimoneni bokosi pali picture iyi. ;));));))
No. 73
You pathetic, ignorant and shameless prat. GROW UP
Uluse imwe…:(
No 78, the six months is not what you think. That was a pre-determined number before the guy jumped bail, four years ago. The real sentences for various cases are still following although I suspect they may come in concurrent.
He is in for a rude shock.
Having visited and witnessed the appalling working conditions of the offices at Lusaka Police station and the Police Post at Inter City Bus Terminus, I cannot begin to imagine what a police cell must be like!
If the man thought it would be a breeze, I’m sure he is crying himself to sleep by now. Remember this is a man who has sent years in luxury.
Correction – This is a man who has spent years living in luxury.
#78,This not mockery, 6 months is for jumping bail,the plunder cases will be another he will be like Richard Sakala(kabolala)serving one while another awaits.
I spent 3 weeks in Chimbokaila. The day Chungu arrived I was smoking a faeced based hallucinogen when Chungu walked in and stepped on my bad toe which was hurt in a fight I had with 7 gangsters from Kanyama Township during the turf war for armed robbery. I asked the chap to apologize- he refused saying he was intelligence. I gave him a legendary menacing KK look and he was terrified. He immediately gave me his bata slippers and rice portion for the day. He further gave my lawyers his 500 million bail money to apoligize. I since bailed myself out and a proud sponsor of 4 illegitimate kids at Chibolya School of Fisheries, not withstanding I bought 1000 salaula bales.
Pinkly you are a disgrace please go and sleep, how naive of your comments and annoying. what a twat
they are just playing games. they know what they doing.it just to show people that they r working, same people asked him to come back.
Good for him , These 2 with Chiluba treated Zed like their personal kantemba
I suggest we spend our time wisely than talking about these so called plunderers. This is a huge game and only friends to the system can see….