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The British High Commission has said that the London Judgement involving second Republican President Federick Chiluba was not a United Kingdom (UK) case.
A brief press statement from the Press and Public Affairs Section of the British High Commission today said that the London judgement was brought and pursued by the government of Zambia and not the British government.
The statement said recent reports suggest that there may be a misunderstanding with regards to the London judgment.
This was in an apparent reference to Chiluba’s UK judgement whose registration in Zambia has since been overturned by the Lusaka High Court.
The statement said that the civil trial was brought by the Attorney General of Zambia in the UK in order to recover funds which were transferred to the UK, mainly to an account held at Zambia National Commercial Bank Limited (ZANACO) in London, by the Zambia Ministry of Finance between 1995 and 2001.
The Lusaka City Council (LCC) says the removal of street vendors from streets in the city of Lusaka has continued to remain a challenge.
Council Public Relations Manager Chanda Makanta said there has not been any corporation from the vendors who have continued to return and trade from the streets.
Ms Makanta explained to ZANIS in an interview in Lusaka today that members of the public were also encouraging the venders to trade on the streets by buying from them.
She said if the general public was not encouraging them, street vendors would not see the reason of trading from the streets but would instead utilize markets that the council has built for them.
Ms Makanta also wondered why despite the local authority sensitizing members of the public not to buy from street vendors, most of them continue to do so.
She said this has made people think that the LCC has failed to remove the vendors from the streets when the fact was the opposite.
Ms Makanta further said the council was committed to removing street vendors and to make the city look clean and beautiful.
She said this was why the council has built markets for traders to operate from instead of doing business on streets.
Ms Makanta added that traders needed to understand that the building of markets by the council was done for them.
The Lusaka City Council has in the past been struggling to remove street vendors as most of them have continued to go back to trade on streets.
Kalomo Police have arrested a villager of Mulamfu Village in Chief Simwatachela’s area in Kalomo District has been arrested and charged with incest for defiling his 15 year old daughter and impregnating her.
Onest Simakuni is alleged to have been defiling his biological daughter since 2006 and consequently made her pregnant.
Southern Province Police Commanding Officer Lemmy Kajoba confirmed the development to ZANIS in Livingstone yesterday and disclosed that the 15 year old minor has a three months old baby alleged to have been fathered by Simakuni.
Mr Kajoba said Simakuni was expected to appear in court soon.
The United Party for National Development (UPND) provincial leadership in Southern Province has vowed to support President Rupiah Banda during next year’s elections if the UPND- PF pact decided to float Patriotic Front President Michael Sata in next years elections.
Speaking to ZANIS in an interview in Lusaka yesterday some UPND provincial leaders who refused to be named said they were not happy with what was going on in the pact.
They advised UPND leader Hakainde Hichilema not to deceive himself by thinking that UPND members would vote for Mr. Sata if Mr. Hichilema was not picked as pact president.
And Southern Province Minister Daniel Munkombwe has disclosed that UPND members are resigning from the party in massive numbers due to the fire that has engulfed their party.
Mr Munkombwe said the people of Southern province have now realized that the PF/UPND pact was a burning house and that members were scampering to other parties for fear of being burnt.
He said the MMD in the province was encouraging their former members to rejoin the party they once belonged to before the formation of UPND.
“No one can stay in a burning house. The UPND-PF pact is burning and some Members from the UPND are resigning in massive numbers rejoining the ruling Party. This can be evidenced from the large number of people who attended the Vice President George Kunda’s rallies in the province over the weekend” Mr Munkombwe said.
The provincial minister said all those UPND members who were still pondering to leave their party should just resign and join the working MMD government and support President Banda during the forthcoming general elections.
He said before the end of the year, the Pact would crumble and called on the UPND leader Hakainde Hichilema to leave the pact and work with MMD government for the benefit of the Zambian people.
Due to the reported wrangles that have besieged the pact, UPND has since formed a committee which is going to look into the issues regarding the pact impasse with their partner Patriotic Front (PF)
The party’s National Management Committee recently held an urgent meeting where some party members allegedly asked the party leadership to abandon the pact.
The office of the second republican president Dr. Frederick Chiluba said that it feels vindicated over the London court Judgment.
Dr. Chiluba’s spokesperson Emmanuel Mwamba has also said that it is not right for the people of Zambia to start blaming the Zambian judiciary for the country.
Mr. Mwamba stated that the judiciary should be respected as they have operated in a dignified manner. He also said that it is not right to call the second Republican President a thief when he has been proved otherwise by the Zambian courts of law.
Featuring on Monday Nite Live Last evening. Mr. Mwamba stated that Dr. Chiluba should be respected as a Former Head of State.
And Mr. Mwamba has blamed the Zambian media for failing to explain to the Zambian people on the true account that led to Dr. Chiluba to be tried by the London court.
A Zambian High Court on Friday ruled that the London Judgment involving former president Fredrick Chiluba cannot be registered and therefore enforced in Zambia.
A London High Court judgment delivered by Judge Peter Smith in 2007 froze Chiluba’s pension and two properties in Ndola and also found him and others liable of defrauding the Zambian government of about US$46 million.
Zambia’s Attorney General commenced civil proceedings in the London High Court against Chiluba and others to recover monies that were allegedly stolen using bank accounts hosted in London.
The Law Association of Zambia LAZ has written to the Attorney General following the High Court’s decision to throw out the London court judgment against former President Fredrick Chiluba.
LAZ president Stephen Lungu said the association has written to the Attorney General to seek an audience with him to discuss further the court’s decision to throw out the London judgment.
Mr Lungu said the association is seeking an audience with the Attorney General to further understand the basis of the court’s decision.
Meanwhile Zambia Direct Democracy Movement (ZDDM) national coordinator, Edwin Sakala has described the fight against corruption under the defunct disbanded task force on corruption as fake and malicious.
Mr Sakala has further castigated those that are condemning the decision by the high court to throw out the London high court judgment against Dr Chiluba.
Mr Sakala said that it is not right to have allowed the former president to be tried outside the country and to register the foreign judgment in a Zambian court.
He said such as act has the potential to cause divisions in the country.
He added that that the decision to throw out the London high court judgment does not come as a surprise because Dr Chiluba was unjustly treated from the beginning.
Mr Sakala described those who were pushing for the registration of the judgment as hypocrites whose true intentions he says will be exposed.
On Friday last week High Court Judge Evans Hamaundu threw out the London High Court judgment against Dr Chiluba and his co-accused which found them liable of making the Zambia government lose US$46 million.
The Attorney General was seeking to have the judgment registered in the high court so that it could be effected against the former president and his co-accused.
[ QFM ]
Zambians were told that the reasons why the Attorney General Hon George Kunda, SC sued Chiluba in London were to reach him where the Zambian courts could not reach. Kunda and Mwanawasa alleged that Chiluba had stashed millions of dollars outside the Zambian court’s jurisdiction. And for the government to confiscate those millions they needed to use a European Court; and England was their natural choice. They told us that once they obtain the judgment in England, it would be enforceable in the whole of Europe and as such, they would bring back Chiluba’s stolen millions from Belgium, France and Switzerland. That sounded like a very good plan.[pullquote] Here is the lesson, if you want to get money from Chiluba, which you tell us he has stolen, please do not go to London. Instead go to him in Kabulonga[/pullquote]
Another reason they went to London, we were told, was that the Zambian government was not confident of getting back the money if they had used the Zambian courts. They had both jurisdictional and competency problems with the Zambian courts. They averred that Chiluba’s matrix of plunder would be too complicated for an average Zambian judge to comprehend or even handle. That was the reason why they had to look to England and not Kitwe or Chipata High Courts.
And indeed they got that judgment. Honourable Mr. Justice Peter Smith of the London High Court gave his famous legal ruling. He crafted it in the most arduous language you can ever find in a legal document. Anxious to put himself in the annals of history, he found Chiluba liable to pay back the government of Zambia millions of dollars that he had stolen. The Honourable Smith in his judgement even mentioned that the suits and the underwear Chiluba had purchased were all acquired from public funds.
The question of how far that judgement actually has helped Zambia to get those millions from its jurisdiction in England and Europe still remains unanswered. How much money has actually been collected in Europe from Chiluba’s fat accounts in Switzerland and Luxembourg?
But the confusing thing is that after the London judgment, the Zambian government altered the story. This was either they could not get the millions in those accounts as they had alleged or there were no such monies in those jurisdictions in the first place. Suddenly, instead of using the London judgment to obtain Chiluba’s stolen millions in Europe, they now felt it was prudent to use the same London judgment to come and get Chiluba’s millions in Kabulonga. But in order to do so, the reverse of why they went to London must be done. They went to London to obtain a judgement to use in Europe, but now they needed a judgement in Lusaka to use against Chiluba in Kabulonga. And in their legal recklessness, they felt that instead of commencing new civil proceedings in Lusaka or Chipata, they advised themselves to use the same judgment from London—only that this time around they would look to direct legislation to enforce it. But in order to do so, for want of jurisdiction, they had to have the Lusaka High Court rubber stamp the London judgement.
But rubber stamping is exactly what the Lusaka High Court has refused to do. Even a grade 4 boy can tell you that what happens in one home cannot be transferred and effected in another house. Courts do not generally like the idea of being trampled over by another court from another jurisdiction. This is so especially in the post-colonial court system where former colonies are trying to assert their judicial, jurisdictional and legal independence from their colonial masters.
Essentially then what the government was trying to do was to register a judgment and give it legal effect by using the same courts that they had despised in the first place. Consequently, the Zambian High Court would not tolerate such judicial colonialism because the Lusaka High Court is not and will not be a department of the London or the European Courts, especially in civil matters.
By so asserting, Mr. Justice Hamaundu has demonstrated the fact that we would rather have injustice done by ourselves, than justice served from London. Injustice in Lusaka is rather by far more preferable than justice served from the doorsteps and the gravel of Mr. Justice Peter Smith. The London judgement was alright in so far as it was obtained to take the money that Chiluba had taken to Europe. But beyond that, it had the potential of being a tool of juridical colonization. If the Zambian government was serious about getting Chiluba’s millions in Zambia they should have commenced legal proceedings in the Zambian court system. They should have trusted the Zambian courts to come up with a fair judgment. But if they mistrusted our courts and insulted our courts and poured contempt on our learned judges why should they now turn around to try and get the same courts to recognise an imperial judgement from London? There is one old rule that says that you cannot have your own cake and eat it too. In other words, “Cimbwi afwile intaangalale”.
Someone may argue that the courts are very much influenced by politicians, and this judgment is simply because it is not Mwanawasa in power. Well that explains the very reason why the corruption fight has ended so miserably—it is because it was Mwanawasa’s and his alone. As such, Mwanawasa lost this fight the day he decided to go to London to have justice done on Chiluba who lives in Kabulonga. Here is the lesson, if you want to get money from Chiluba, which you tell us he has stolen, please do not go to London. Instead go to him in Kabulonga and get it, or rather go to the Lusaka High Court or the Chipata High Court and commence proceedings from there. But unless you are sure about the proverbial Swiss Bank Accounts, please do not go to London!
Alliance for Democracy and Development(ADD) President Charles Milupi has denied media reports insinuating that his party has been approached by the Movement for Multiparty Democracy (MMD) for the position of Vice President .
Mr Milupi was reacting to some unconfirmed information from some section of the media alleging that the ruling party is considering appointing him as Vice President ahead of the 2011 tripartite elections.
Mr Milupi who is also Luena Member of Parliament told ZANIS in an interview in Lusaka today that information circulating in some sections of the media that he was being considered for the position of Vice President in the MMD government was just rumors because nothing of that sort has been discussed with the MMD.
He said his party was currently just working on consolidating itself.
The ADD leader however, said if approached, his party would be able to about the matter with the ruling MMD.
Mr. Milupi said currently, ADD would continue working on its agenda of consolidating and promoting it’s manifesto ahead of next years’ elections.
“Those are just rumors. As far as am concerned, the ADD has not been approached by any political party for the position of Vice President. When approached, the party would then be able to give its’ position over the same matter ” ,Mr Milipi said.
He said as for now, his party would not respond to rumors but would continue working hard to sell and promote itself to the electorates.
Recently, some sections of the media alleged that the ADD president was being considered for the position of Vice President by the ruling MMD ahead of the 2011 elections.
Chief Justice Ernest Sakala has appealed to judges to continue performing their functions with utmost diligence and dignity, despite being attacked by the public in the course of dispensation of justice.
The Chief Justice was speaking at Livingstone’s Zambezi Sun Hotel during the official opening of a training workshop for Judges of the Supreme Court, High Court and the Industrial Relations Court, organized by the International Association of Women Judges (IAWJ) in conjunction with the Zambia Association of Women Judges (ZAWJ).
Chief Justice Sakala said there was an increase in Public scrutiny, with regard to the quality of work executed by adjudicators and that at times the judiciary has come under scathing attack for making justified decisions.
Chief Justice Sakala said the Zambian public, increasingly expects well skilled and informed adjudicators who are committed to dispensing equal justice, in accordance with the rule of law.
The chief Justice further said, the standards for the adjudicators’ bar have been raised and called for workshops to keep abreast with the latest best practices.
He said the judiciary would always ensure that adjudicators measured up to the expected standards of performance by empowering them with skills to enable them effectively deal with international treaties at domestic level, especially those to which Zambia is a signatory.
[pullquote]Chief Justice Sakala said there was an increase in Public scrutiny, with regard to the quality of work executed by adjudicators and that at times the judiciary has come under scathing attack for making justified decisions.[/pullquote]
The Chief Justice further called upon the adjudicators to uphold the oaths they took at the time of their appointment to the bench, in keeping with the dignity, demands and responsibilities of the judicial office.
Chief Justice Sakala expressed worry that there was a sharp rise in defilement cases, despite the harsh sentences handed out to the perpetrators.
He requested the Zambia Association of Women Judges to consider conducting a study on defilement, as a way of helping to find a lasting solution to the scourge.
While reading something a few days ago, I came across these words, “The Justice Sakala led judiciary and the Banda administration is like two pregnant women trying to nurse each other. In other words, it’s like trying to cut rotten meat with a blunt knife”. Immediately I began to reflect. A few years ago a farmer in Makeni had green houses where he cultivated cannabis illegally; when arrested the courts only demanded that he pays a small fee. Yet from the same courts, a poor man with less that one kilogram of cannabis is imprisoned with hard labor.[pullquote]The Justice Sakala led judiciary and the Banda administration is like two pregnant women trying to nurse each other[/pullquote]
Looking at the cases of Mr. Chiluba, MP Mushili, Mr. Mpombo and Ms Changwe reveals a lot of disparities. Chiluba’s acquittal and now that the London judgment can not be registered in Zambia remains a mystery. Mushili who was going to defraud the government and the people of Zambia out of millions of Kwacha was only told to sweep offices, nothing else. Minister changwe who’s cheque bounced is still a free lady. Yet Mpombo’s bounced check has sent him to prison and a fee. Could these be normal discrepancies?
A question might be asked as to why I am reflecting on these matters from the courts of Law. As a citizen I should. “… The same way that we have duties as citizens, the judiciary also has duties. One of the most important duties that the judiciary has is to ensure that our people retain respect for it and confidence in its ability to apply the law equally without taking irrelevant considerations into account…” The Post.
Some thing must be wrong with our judiciary system. I think! Either the court officials are ill qualified in the matters of law or they are just opinionated and don’t have any regard for the law. Worse enough if they are dancing to the tune of politicians… “The cases involving Chiluba seem to have taken on a mysterious character… We say this because in relation to the now infamous Chiluba acquittal, the magistrate who delivered the Chiluba judgment mysteriously adjourned the matter on the Friday that he should have given the judgment and did not bother to explain to the public why the extra weekend was necessary. That in itself raised all sorts of suspicions and did not help to increase the confidence of the public in the decision that was passed. In the case of the registration of the London High Court judgment, another unnecessary controversy has been created, which will no doubt lead to all sorts of speculation. Judge Evans Hamaundu’s decision was being anxiously awaited by many of our people. It had been announced that judgment would be delivered on Wednesday, August 18, but somehow, this judgment was quietly released five days before the expected date in a way that ambushed our people…” The Post.
If the courts wish to maintain the sacredness of the judiciary and their officers worshiped, judges should make their decisions just; they should not behold plaintiff, defendant, nor pleader, but only the cause itself. Justice is the insurance we all have on our lives and property and politicizing it is creating a catastrophe for the whole nation. Justice is the bread of the nation; it is always hungry for it.
Former Patriotic Front (PF) Southern Province coordinator Opper Hamiyanze has said PF vice-president Guy Scott’s negative comments on United Party for National Development’s (UPND) loss in the Luena by-election is a sign of lack of confidence in the pact.
And Mr Hamiyanze has revealed that UPND youths in Monze were planning to ditch the party to join the ruling MMD because they were disappointed with their leader, Hakainde Hichilema’s insistence to stay in the pact.
Mr Hamiyanze said the confusion in the pact was visible to everyone as confirmed by Dr Scott’s remarks.
Dr Scott had alluded to the fact that his party scooped the Chifubu parliamentary by-election seat single-handedly which Mr Hamiyanze said sent the message that the PF was more popular than the UPND.
Mr Hamiyanze said in an interview in Lusaka that the confusion in the pact was anticipated and justified and that it could not work.
“The comments by Dr Scott shows that there is confusion in the pact and it was highly anticipated from the beginning. Mr Sata cannot work with HH because both are greedy. The best that the two leaders can do now is to agree to break up because they will not be able to work together,” he said.
He said Zambians had lost trust in the pact because of its lack of commitment and focus for the betterment of all Zambians.
“The two leaders don’t offer solutions to the problems of the country but only want to enrich themselves,” he said.
He said the MMD had remained on track in the quest to achieve various developmental targets especially in reducing poverty.
He challenged Dr Scott to check his party’s performance in the Kaoma and Chadiza ward by-elections where they lost to the MMD.
He said Dr Scott who is Lusaka Central Member of Parliament had failed to deliver in his constituency.
“He is more vulnerable because even with the CDF funds the opposition MP has failed to perform let alone to account for the use of the funds and he will lose his seat next year,” he said.
On the Monze youths, he said the youths want to leave the UPND and had decided to join the MMD because Mr Hichilema has failed them, and that they would seek an audience with Vice-President, George Kunda.
President Rupiah Banda yesterday left Congo Brazaville for Namibia to attend the 30th Jubilee Summit of the Heads of State and Government of the Southern Africa Development Community (SADC).
President Banda, who is expected to take over the position of chairperson of the SADC Organ on Politics, Defence and Security Cooperation at the Windhoek Summit, is expected to champion greater trade and political stability in the region.
Mr Banda left Lusaka International Airport around 07:00 hours and travelled to Namibia via Congo Brazzaville where he had a stopover for few hours to join other African leaders who had been invited to attend the 50th Independence Celebrations of that country.
Special assistant for Press and public relations Dickson Jere said the president was invited to be among the key dignitaries by his counterpart, Dennis Sassou-Nguesso.
President Banda is currently the deputy chairperson of the SADC Organ on Politics, Defence and Security Cooperation.
After attending the celebrations in Brazzaville, President Banda and his delegation proceeded proceed to Namibia for the SADC summit, which is expected to tackle key issues of regional integration, economic development and the enhancement of trade.
He is expected to share his proactive response to the challenges of the global economic downturn that ensured that Zambia emerged in a stronger position than many other African nations, enjoying 6.4 per cent economic growth during 2009.
Mr Jere said the President was a strong supporter of the Free Trade Agreements among SADC members, spearheaded by the launch of the Free Trade Area in 2008, and has championed co-operation as a basis for economic growth.
Zambia’s exports doubled between 2000 and 2005, largely through increased trade with SADC countries.
Mr Banda was accompanied by First Lady Thandiwe Banda and other senior Government officials.
And the Zambia National Broadcasting Corporation (ZBNC) reported on its main news monitored last night that President Banda arrived in Brazaville at 09:28 hours.
While there, the president pledged to revive the Joint Permanent Commission between the two countries.
[ Times of Zambia ]
LUSAKA lawyer Sakwiba Sikota has backed the High Court judgment that dismissed actions by the Attorney General to register and enforce the London High Court ruling that found second president Frederick Chiluba and seven others guilty of corruption involving US$46 million.
Mr Sikota said the judgment was accurate and premised on the proper interpretation of the law regarding reciprocal arrangements with other countries.
He said it was not possible for Zambia to register and enforce any foreign judgment in the absence of the law to support such an action.
Mr Sikota said there was lack of a reciprocal arrangement between Zambia and other countries that allow for legal action against individuals or institutions that were resident in other countries.
The reciprocal agreement between countries allows residents to seek litigation against people in other countries affordably and that one can obtain a judgment and register it in the country where the accused person or firm is based.
Law Association of Zambia (LAZ) president Stephen Lungu said he was still in the process of studying the judgment before he can comment.
On Friday, Lusaka High Court Judge Evans Hamaundu threw out a case that would have forced Dr Chiluba to repay the Government after a British court found him guilty of corruption.
[pullquote]
Mr Sikota said the judgment was accurate and premised on the proper interpretation of the law regarding reciprocal arrangements with other countries.[/pullquote]
Mr Justice Hamaundu ruled that a 2007 civil court ruling in London that Dr Chiluba stole $46 million in public funds during his 1991-2002 presidency could not be registered in Zambia because there was no statute to support the action.
“The question of enforcing the judgment of the courts of the United Kingdom directly by registration under the Act does not arise,” Mr Hamaundu said in his ruling. “I have looked through our laws for such an order and have been unable to find any.”
The Zambian Government has struggled to enforce the London High Court judgment through the Taskforce on Corruption that has since been dissolved.
Dr Chiluba and seven co-accused argued that the ruling could not be enforced in Zambia which was a sovereign state with its own judicial system.
In 2008, the court acquitted Dr Chiluba, who is currently in South Africa for medical reviews of stealing $500,000 in public funds.
He was accused of theft and corruption alongside former ministry of Finance permament secretary Stella Chibanda, former Zambian Ambassador to the United States Attan Shansonga, former Access Financial Services directors Aaron Chungu and Faustin Kabwe. Others were Francis Kaunda and Ireen Kabwe.
[pullquote]“The question of enforcing the judgment of the courts of the United Kingdom directly by registration under the Act does not arise,” Mr Hamaundu said in his ruling. “I have looked through our laws for such an order and have been unable to find any.”[/pullquote]
The State, through the attorney general had contested that the matter be registered in Zambia under the Foreign Judgments Reciprocal Enforcement Act, cap 76 of the Laws of Zambia and the order was granted on July 9, 2007.
Late High Court Judge Japhet Banda had granted the order but Dr Chiluba contested the action on grounds that Zambia was a sovereign nation and that only the Zambian court had the jurisdiction to hear cases involving its citizens.
He also challenged the action because legal costs would be cheaper in Zambia than in the United Kingdom and that since he and his co-accused were alleged to have breached the Zambian laws, the Zambian judicial system was best suited to interpret the laws.
Dr Chiluba argued that witnesses in both criminal and civil trials were based in Zambia. He said Zambia was a country with the most real and substantial claim because that is where the alleged frauds and conspiracies originated from.