A CHOMA Magistrate Court yesterday acquitted two murder suspects charged on separate counts on grounds that the Director of Public Prosecutions (DPP) has not given instructions over their cases.

Before Magistrate Chinkashi Chilingala, were Alex Matafwali, 24, a general worker of Old Kabanana Township and Zuma Sijatwa, 30, a farmer of Malimba Village in Chief Macha’s area both of Choma District.

Particulars of the offences were that on March 31, 2013, Matafwali allegedly murdered Tilekane Phiri while Sijatwa, on December 12, 2012 was alleged to have murdered Chilala Muluti in Choma, contrary to Section 200 Cap 87 of the Laws of Zambia.

In discharging the duo, Magistrate Chilingala said he had no choice but to acquit the suspects because their fundamental freedoms were violated by the State by virtue of detaining them for a long time without a consent order to have them undergo trial.

[pullquote]“If there is no evidence the state should not jump into effecting arrests and the prisons should not be used as dumping sites,” he said[/pullquote]

He stated that the accused persons required the rights to fair trial within the reasonable timeframe but that it was violated by the state.

“If there is no evidence the state should not jump into effecting arrests and the prisons should not be used as dumping sites,” he said

Magistrate Chilingala said the state should not dump accused person in prisons who had not been found guilty of offences and that they needed to be tried within time limits.

And former Labour minister Austin Liato on Wednesday failed to take plea in a matter in which he is charged with abuse of authority because the consent order was not ready.

This is in a matter in which Liato is charged with two separate charges of abuse of authority of office contrary to the law Liato, who had been appearing in court on similar charges, had his case withdrawn two weeks ago after the director of public prosecution (DPP) entered a nolle prosequi but his freedom was short lived as he was re-arrested and slapped with the two counts of abuse of authority.

In the first count, Liato, being a Member of Parliament for Kaoma Central Constituency and Labour minister, in June 2010 facilitated the sinking of two boreholes meant for his constituency at his farm in Mwembeshi.

Liato is in the second count is alleged to have between May 14, 2010 and May 19 the same year facilitated the diversion of two hammer mills meant for the people of Kaoma District.

When the matter was called up before Principal resident magistrate Obsiter Musukwa on Wednesday for allocation and possible taking of plea, Liato was informed that he could not take plea because the consent order was not ready.

The matter comes up today for allocation and plea.

PATRIOTIC Front (PF) disciplinary committee chairman Edgar Lungu says the expulsion of assistant secretary general Sikwindi Situla from the ruling party is final.

Mr Lungu said the disciplinary committee is unable to handle the matter because it has not come before him.

This is according to the Zambia National Broadcasting Corporation news monitored in Lusaka yesterday.

Mr Lungu, who is also Minister of Home Affairs, could not comment further on the matter but said there are rules and regulations that all members of any political party must follow.

On Tuesday, PF deputy secretary general Bridget Atanga announced the expulsion of Mr Situla from the ruling party for indiscipline and insubordination.

Mr Situla was on Monday suspended by Ms Atanga for allegedly being behind the formation of the ‘Fourth Republic Party’ and was given 24 hours in which to exculpate himself.

But Mr Situla refused to exculpate himself before Ms Atanga saying he could only do that to the appointing authority, President Sata.

This prompted Ms Atanga to expel Mr Situla from the PF for indiscipline and gross insubordination.

EIGHTEEN law firms have filed a motion in the Lusaka High Court to represent acting Chief Justice Lombe Chibesakunda in a case in which the Law Association of Zambia (LAZ) wants her appointment annulled.

Three of the law firms are headed by State Counsels, a superior position in the law fraternity, and these are Bonaventure Mutale of Ellis and Company, Sunday Nkonde of SBN Legal Practitioners and Humphrey Ndhlovu of HH Ndhlovu and Company.

This is contained in a conditional memorandum of appearance filed in the Lusaka High Court registry yesterday.
On September 23 this year, LAZ president James Banda filed a statement of claim in the Lusaka High Court requesting the court to declare the appointment of Justice Chibesakuda as illegal, null and void as she has exceeded retirement age and cannot be re-appointed for a second time.

Other law firms to represent Justice Chibesakunda are Sam Chisulo and Company, Chitabo Chiinga Associates, Ituna Partners, EBM Chambers, Mukumbi and Company and MZ Mwandenga and Company.

Dove Chambers, Mutemwa Chambers, AMC Legal Practitioners, KBF and Partners, Chilupe and Permanent Chambers, AD Mumba and Associates, MSK Advocates, Derrick Mulenga and Company and Z Muya and Company are other firms seeking to represent Justice Chibesakunda.

The lawyers representing Justice Chibesakunda are expected to file an appropriate application responding to Mr Banda’s application within 14 days.

LAZ will be represented by 12 law firms and they include Shamwana and Company, Central Chambers, Muleza and Company, Kambo Chipanzya and Company, Mambwa, Siwila and Lisimba Advocates as well as AM Wood and Company.

Others are Sinkamba and Partners, Mak Partners, Makebi Zulu Advocates, Mweemba and Company, Hobday Kabwe and Company and Freddie and Company.

In the statement of claim, Mr Banda said there is a serious breach of the constitution by appointing Justice Chibesakunda as she is over the retirement age.

Mr Banda said Justice Chibesakunda was first appointed as Supreme Court judge in 1997 and that upon reaching her retirement age, she was appointed on contract in April 2009 by the President for a term of three years, which expired in April 2012.

He said President Sata re-appointed Justice Chibesakunda as acting Chief Justice on June 14, 2012, which appointment LAZ says was unlawful as the President did not have the power to re-appoint her after her contract had expired.

Villagers in chief Chipepo’s area living along the banks of Mulungushi River in Kapiri Mposhi district have protested against their impending displacement to pave way for the construction of a dam.

Alliance One Zambia Limited intends to construct a dam to block off the Mulungushi River to capture water for irrigation of their farms in the area.

In her complaint letter to Kapiri Mposhi District Commissioner, Beatrice Sikazwe, area councillor, Dorothy Mambwe-Musyeze, said the villagers and their traditional leadership, led by senior headman Kamwefu, have rejected the project and asked government to intervene in the matter.

Ms Mambwe claimed that the people in her ward were not consulted over the project by Alliance One Zambia Limited before the company embarked on the construction of the dam to harvest water to facilitate irrigation of its farms in the area.

Ms Mambwe said the settlers fear that once constructed the dam will deprive the people living downstream of drinking and irrigation water.

She said the dam will further create challenges in their crossing of the river to access health and education facilities which are situated on the other side of the river.

“The villagers and their leaders fear that the dam will bring problems of shortage of water for those downstream as you know we depend on this river for water,” Ms Mambwe said.

The area councillor argued that the investor needed to coordinate with the local people, find them alternative land for relocation and carry out an impact assessment before embarking on the project.

“While we appreciate the development that Alliance One is bring to the ward we would like them to have a cordial relationship with the locals and all the traditional leaders involved and involve necessary government experts in your feasibility studies of such projects,” Ms Mambwe said.

But Alliance One Zambia Limited Lease Production Director, Chris Bishop, said the company has followed all the necessary procedures required in creating the dam.

Mr Bishop said Alliance One Zambia Limited intends to build a dam at Mulungushi River and has already involved the Zambia Environmental Management Authority (ZEMA) which carried out an Impact Assessment and approved the project.

He said the project will not involve displacement of the people in the area as the area had no settlements.

“We advertised for concerns over this project in the media and ZEMA is aware and has even given us a go-ahead after an impact assessment… It is just that there is a perception amongst the local people that there will be flooding and displacement,” Mr Bishop said.

ZANIS