Government has reiterated its commitment to the independence of  judiciary.

The government has also assured the judiciary of improved funding following renewed
economic activity in the country.

Central province minister Sydney Chisanga said government fully supported an
independent and impartial judiciary through which citizens could enjoy their
fundamental rights and freedoms.

Mr. Chisanga said this in a speech read for him by Provincial Deputy Permanent
Secretary Luke Mankapi during the ceremonial opening of the High Court criminal
session n Kabwe today.

“As a government, we are fully committed to the existence of an independent and
impartial judiciary, for it is only through the existence of an independent and
impartial judiciary that citizens can fully enjoy their fundamental rights and
freedoms,” he said.

The minister said government was fully aware of the poor funding to the justice
sector due to limited resources which had to be shared between competing needs such
as development projects.

Mr. Chisanga was however quick to point out that funding to the sector would soon
improve following improved government revenue collection brought about by the
renewed economic activity.

On increased sexual offences against minors, Mr. Chisanga implored the bench to mete
out  stiffer penalties against offenders in order to show society’s disapproval of
such offences.

And turning to rundown  infrastructure, Mr. Chisanga  said government  was
addressing the situation, citing the ongoing construction of a magistrates and local
courts complex at Kapiri-Mposhi.

He said government had also addressed the issue of transport for the Prisons
Department while the Zambia Police Service would soon be given vehicles so that
prisoners could be taken to court without delay.

Speaking at the same function, Kabwe High Court judge in charge Reuben Mwape
appealed for increased funding to the judiciary if the sector was to effectively
play its role in the democratic dispensation.

Justice Mwape also bemoaned the high number of cases from Chibombo district and
stressed  the need to have  a magistrate stationed there permanently to cut down on
the costs of taking cases to Kabwe.

And Mukobeko Maximum Security Officer in Charge Phastone Shaloba told the opening
session that currently there were 2,601 inmates in state prisons in Central
Province.

Lawyers representing former president, Frederick Chiluba  have argued that the registration of the London High Court judgment in the Lusaka High Court was done outside the provisions of the law.

Lawyers John Sangwa and Robert Simeza were submitting before Judge Japhet Banda today when the matter came up for hearing of the four applications made by Dr. Chiluba, Faustine Kabwe, Aaron Chungu and Stella Chibanda, to set aside the Lnodon High Court judgment.

The other application was on the notice of an intention to raise preliminery issues
on whether part II of the foreign judgment reciprocal enforcement Act of the London
High Court handed down on the respondents on May 4, 2007 was done properly.

Dr Chiluba’s lawyers  argued that there were some conditions that were to be
satisified before a judgment of the foreign court judgment is registered in Zambia.

“What this means is that a person desiring to register a foreign judgment must
ensure that the judgment passes certain threshold,” Mr. Simeza said.

And Mr. Sangwa submitted that the registration of the London High Court judgment in
the Zanbian courts was nullity, adding that part II of the said Act had not been
extended to the judgment of a foreign country.

He said the power to extend part II of the Act to register foreign judgments was
vested in the President, adding that of relevance to the preliminary issues was
section 31 of the same Act, which provides the procedures for the extension of the
foreign judgment.

He said the President must be satisfied that if he gave recognition of his country,
the foreign country must also recognise the judgments made by the Zambian courts.

Mr. Sangwa also said a President of a particular country must issue a statutory
instrument or an order for the extension of the foreign judgment.

“The precondition is that the President must be satisfied that the court in a
foreign country will accord similar recognition of the judgment in the Zambian
court. There has to be reciprocity in the benefits,” he said.

He submitted that in the event that those preconditions were not met, such judgment
could not be registered and even enforced in Zambia.

He pointed out that since the 1930s, no government or president in Zambia has ever
issued an order extending part II of the Act to the United Kingdom or to the London
High Court of Justice.

“From 1964 to date, we stand to be corrected by the learned Attorney General, none
of the Presidents in Zambia has ever issued a statutory order extending part II of
the Act to the UK. If there is, no judgment from UK can be recognised in this
country, that is the law,” he said.

Mr. Sangwa said if there was any order issues, then the Attorney General, Mumba
Malila should state who issued it and when it was issued.

On this Mr. Malila said the lawyers for the defendants had ambushed him because
certain issues they argued about were not clearly stated in their affidavits.

He therefore applied for an adjournment for him to ascertain the facts of the
arguments.

“Having been misled by the affidavit which was filed as to which facts defendants
will rely upon, it is only fair my Lord that we be given an opportunity to ascertain
the fact so that the court has a well informed fact before a ruling is made on the
preliminery issue made,” he pleaded.

But Mr. Sangwa said he was taken aback by the application for an adjounrment to
ascertain the facts, saying it was basic and fundamental to consider the issue of
whether there was an order on the registration of a foreign judgment into the
Zambian court before Mr. Malila could do so.

However, the Judge Banda adjourned the matter to Friday, July 13th, 2007 to allow
Mr. Malila ascertain the fact on the issues.

Meanwhile, scores of Dr. Chiluba’s supporters and sympathisers gathered outside the
court premises singing solidarity songs.

THE Oasis Forum has agreed to meet the Zambia Centre for Inter-party Dialogue (ZCID) to discuss the Constitution making process.
Forum spokesperson, Musa Mwenye and ZCID spokesperson, Newton Ng’uni confirmed the development in separate interviews in Lusaka yesterday.
The decision to meet the ZCID was made by the Forum after a meeting on Saturday.
Mr Mwenye said the Forum would meet the ZCID at 15:00hours today to resolve certain issues regarding the Constitution making process.
“We reiterate our position to meet the ZCID at 15:00hours today so that we can highlight to them the fact that we are where we are today over the Constitution making process because politicians hijacked the process,” Mr Mwenya said.
Mr Ng’uni said, “I can confirm that the Oasis Forum communicated to our executive director about today’s meeting. We shall meet them and hear what their grievances are over the constitution making process.”
Last week, Mr Ng’uni said it was vital to engage the Forum because it represented various groupings among them the church, and the Law Association of Zambia (LAZ), which were cardinal in the enactment process of the new constitution.
“The Oasis Forum is an important group with vast experience and so its role in the Constitution making process cannot be ignored,” Mr Ng’uni said.
Mr Mwenye last week also stated that the Forum was ready to be engaged by the ZCID over the Constitution making process.

The Drug Enforcement Commission (DEC) has arrested three people of Ndola for money laundering offences involving over K100 million.

Mr. Chulu named the three as Andre Jaulani Mtine 43, a Director at Riskmate Limited
of house number 35 Lualaba Road in Kasenshi and Gilbert Kapambwe 42, a Finance
Manager at ZAMPOST, of Plot 5628, Itawa Extension .  The other one is Ignatius
Kapembwa 49, a Financial Accountant also an employee of ZAMPOST in Ndola and a
resident of 13 Kasusu Road in Northrise. 

In a statement released to ZANIS in Lusaka today, DEC Public Relations Officer
Rosten Chulu said on unknown dates but between January 2004 and June this year the
trio while acting together obtained money amounting to K110,757,000 from ZAMPOST by
means of bank transfers from African Banking Corporation account held with Finance
Bank Zambia Limited.

Mr. Chulu said the two ZAMPOST officials from Ndola have been jointly charged with
Mr. Mtine for obtaining money by fraudulently issuing ZAMPOST cheques payable to
African Banking Corporation.

He said the suspects have since been charged and are currently on police bond
awaiting court appearance.

Meanwhile, the Commission in Northern Province has arrested a Tanzanian national
Bernard Mbukwa 30 a peasant farmer of Tunduma and an 18 year old Zambian of Nakonde
for trafficking in 36 bundles of mira weighing 18 kilogrammes.

Mr. Chulu said the bundles of miraa were concealed in two travelling bags on a
Lusaka bound bus.

Others arrested are Paul Fungamwango 28 also a Tanzanian national for trafficking in
900 grammes of cannabis and Elisa Nkamba 79 a peasant farmer of Napiyono village for
trafficking in 1.3 kilogrammes of cannabis.

Mr. Chulu has cautioned Zambians to desist from engaging in illicit drug trafficking
and money laundering.

Government has assured Zambians that the proposed constitutional conference will perform similar functions as a constituent assembly, such as the adoption of the new constitution.

Minister of Justice George Kunda also said the drafting of the Constitutional Conference Bill had reached an advanced stage and that he would in the next few days subject it to consultations with stakeholders.

He was speaking at a press briefing in Lusaka yesterday.

Mr Kunda said the constitutional conference was in line with recommendations by the Mung’omba Constitution Review Commission on page 788 of its report, which stated that the body to be created to adopt the new constitution should have no legislative powers.

He also said the CRC report on page 799 further stated that; “An overwhelming number of petitioners submitted that the Constitution should be adopted by a Constituent Assembly, a Constitutional Conference or any popular body that would represent the views of the people”.

Mr Kunda said Government was confident that the Bill being prepared was in line with the resolution reached at the recent summit of presidents of political parties, as well as submissions made by petitioners to the Mung’omba CRC.

“People have been demanding for the Constitution to be adopted by a wider representation.

What Zambia Centre for Inter-party Dialogue (ZCID) has done is to come up with a neutral term.

“President Mwanawasa also suggested a national indaba and others like Oasis Forum also suggested a Constituent Assembly or a national conference.

This is why we are now providing legislation for this body, and this is what they have been asking for.

We can call it anything.

Why can’t we call it Insaka, it is more Zambian,” he said.

Mr Kunda appealed to Zambians not to waste time arguing over straightforward issues.

He said Government would follow the road map agreed through the ZCID.

Mr Kunda also said when the drafting of the Constitutional Conference Bill was completed, he would start consulting stakeholders who include the ZCID and other interested civil society organisations.

“Thereafter, I will present the Bill before Cabinet for final approval.

Once Cabinet approval is obtained, I intend to present the Bill in the next sitting of Parliament,” he said.

The objective of the Constitutional Conference Bill is to provide for its establishment, define its powers, structures, procedures, functions, and composition and provide for the allocation of financial resources.

The Constitutional Conference would undertake the process of examining, analysing, debating and adopting by consensus contents of the proposed Constitution.

Mr Kunda said agreed constitutional provisions in the Conference would thereafter be presented to Parliament for enactment while those provisions which required a referendum like the Bill of Rights in Part three would await the process.

“The first step is enacting a Constitutional Conference Bill.

Those who want to concentrate on bickering and arguments just want to delay the process.

Certain people in Zambia want to engage in arguments and create tension because they think they should have that sort of agenda, but we want peace and we want to move the Constitution making process forward.

“Some of the people have no agenda now because there is peace. Some people just want confrontation,” he said.

President Mwanawasa says the West should stop treating African nations as infants who cannot make decisions on their own.

Mr. Mwanawasa said African governments and Zambia in particular are capable of making decisions that are good for their people.

The President also condemned the decision by some opposition parties to champion the cause for Western countries against Chinese investment in Zambia.

He said Europe and the United States import from China and have trade relation with it.

Mr. Mwanawasa said some European countries like the United Kingdom even exceeded their import quotas from China last year.

The President wondered why Chinese investment in Africa was of so much concern to Western Countries.

He was speaking on arrival at Ndola international Airport ahead of his tour of NCF Mine projects in Chambishi.