THE London High Court judgement has finally been served on former President Frederick Chiluba with a court injunction freezing his pension account and two properties in Ndola.

But Dr Chiluba has said that he would contest the London judgement during its registration in the Zambian High Court.

Ministry of Justice officials delivered Judge Peter Smith’s judgement together with the freezing order on Monday at Dr Chiluba’s Kabulonga home.

This is in a civil case in which the former head of State and others were found liable of defrauding the Zambian government of about US$46 million.

This was in an action in which the Zambian Attorney-General commenced civil proceedings in the London High Court against Dr Chiluba and 19 others to recover funds that were allegedly stolen using bank accounts based in London.

The specific claim against Dr Chiluba was about US$2 million.

Judge Smith’s freezing order is against seven defendants who include fugitive former Zambia Security Intelligence Services (ZSIC) director-general, Xavier Chungu, fugitive former Zambia High Commissioner to the United States, Atan Shansonga, former minister of Finance permanent secretary, Stella Chibanda, and Lusaka businessman, Faustin Kabwe.

Others are Nebraska Services Limited and Congolese businessman based in Belgium, Raphael Soriano, also known as Katebe Katoto.

Judge Smith’s freezing order prohibits Dr Chiluba to access his pension account at Barclays Bank’s Longacres branch in Lusaka, his properties in Ndola at 5 Kanono Road and another property at 20 Kabinga Road, until further order of the court.

Part of Judge Smith freezing order reads; “If you Dr Frederick Jacob Titus Chiluba, Mr Xavier Franklin Chungu, Mr Atan Shansonga, Ms Stella Mumba Chibanda, Mr Kabwe, Nebraska Services Limited or Mr Raphael Soriano, disobey this order you may be held in contempt of court and be liable to imprisonment or fine or to have your assets seized.

“Any other person who knows of this order and does anything which helps or permits the respondent to breach the terms of this order may also be held to be in contempt of court and may be imprisoned, fined or have their assets seized”.

Judge Smith following an application by the Zambian government granted the freezing injunction on May 4.
The order was made at a hearing without notice to the defendants although they have a right to apply to court to vary or discharge the order.

Judge Smith warned that the defendants should not in any way dispose of, deal with or diminish the value of any of their assets whether they are in or outside England and Wales.

Dr Chiluba, Mr Chungu, Ms Chibanda and Mr Kabwe have each got frozen assets in the sum of US$25 million.

On Mr Shansonga, the order attaches assets valued at US$2,220,000, Mr Soriano’s at US$20,500,000 while Nebraska Services Limited’s assets are valued at US$72,000.

Judge Smith stated that for the purpose of this order, the respondents’ assets included any he had power, directly or indirectly, to dispose of or deal with as if it were his own.

The assets seized from the other six defendants range from bank accounts, farms, residential houses, companies and shares in some companies.

The order also provides that the defendants should within three days of service and to the best of their ability inform the Attorney-General’s solicitors of their assets world-wide exceeding US$5,000 in value whether in their name or not.

Judge Smith ordered that if the provision of such information was likely to incriminate the respondent, they might be entitled to refuse to provide it through legal advice in that wrongful refusal was contempt of court, which may render such people liable to be imprisoned, fined or have their assets seized.

He also said within seven days of service of the order, the respondents should swear and serve the Attorney-General’s lawyers an affidavit setting out the information on their assets world-wide.

Dr Chiluba’s spokesperson, Emmanuel Mwamba, said the former President would seek that the judgement together with the order be set aside during registration in the High Court.

Mr Mwamba said Dr Chiluba had noted that the judgement had come with other orders that sought to freeze his pension account and two of his houses in Ndola.

He said once the Attorney-General puts in motion the registration of the judgement in the High Court, he would seek that the entire ruling together with the order be set aside.

Mr Mwamba complained that the judgement was “dropped” at Dr Chiluba’s residence gate on Monday at about 16:30 hours by officials from the Ministry of Justice.

“They dropped what appeared to be normal mail but later it was discovered that it is the London High Court judgement.

“We wish to express our worry at the manner of the service of the documents because they were not given to Dr Chiluba, his representatives or agents but just left at the gate with the guard,” he said.
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The Kapoche by-election in Petauke in the Eastern province has been characterized by low turnout of voters.

By midday, polling stations visited by ZANIS, had less than 50 per cent of the total
number of registered voters, who turned upto cast their votes.

At Mwanjawanthu polling station in Kaumbwe ward, a polling assistant, Rodgers
Chilongozi, said only 250 people out of the total number of 708 registered voters
had cast their votes by 13.00 hours.

At Lusinde polling station in Lusinde ward, 194 out of 450 registered voters had
cast their votes while at Petauke polling station in the same ward, 140 out of 362
registered voters cast their votes by 14.00 hours.

The low turnout had been attributed to most people preparing their fields for the
next farming season.

Presiding officer at Petauke polling station, Jonathan Muhinyi, said general voter
apathy could have also contributed to the low turnout of voters.

Kapoche constituency has a total number of 27,000 registered voters and 62 polling
stations.

Kitwe businessman and Hetro Mining proprietor, Shawi Fawaz, was today acquitted of the charge of theft of motor vehicle because there was no evidence linking him to the offence.

Fawaz has, however, remained in police custody because he is facing another motor
vehicle theft offence in another court, which is unbailable.

Lusaka High Court Judge, Japhet Banda, acquitted Fawaz and his co-accused, Justin
Phiri but three other accused persons, Kelvin Katambika, Humphrey Mwiya and Teddy
Kapisa Phiri have been found with a case to answer.

The five were charged with one count of theft of a motor vehicle, Isuzu KB, registration number ABD 8667, a cell phone and two suits, all valued at K183 million.

They were alleged to have been armed with a firearm, and used actual violence to
prevent or overcome resistance from the owner.

“I find that no evidence connects the two accuse, A4 (Fawaz) and A5 (Phiri Justin)
to the offence,” he said and acquitted them.

Judge Banda has since adjourned the case for the three to defend themselves to June
29, 2007.

Fawaz said after he was acquitted today that he was happy that justice had prevailed
but added that his joy was not absolute as he was still facing another case of motor
vehicle theft in another court.

PRESIDENT Mwanawasa says he has not back-peddled over the Constitution-making process as alleged by the Oasis Forum spokesperson, Musa Mwenya.
In a letter to Mr Mwenya dated June 1, made available to the Times in Lusaka yesterday, Mr Mwanawasa said the fact that he would vote against the Constituent Assembly (CA) did not mean that his Government was against the will of the Zambian people over the Constitution-making process.
While the Government did not necessarily agree with all the recommendations in the Constitution Review Commission (CRC) report, it accepted that the CA be provided for in the current Constitution.
Mr Mwanawasa said he did not agree with proponents of the CA, which appeared to suggest that issues of national development and prosperity should be subordinated to the constitutional review but that did not mean Zambians would not get a desired Constitution.
“People need education, health services, shelter, agricultural subsidies, improvement of infrastructure such as good roads and I was not satisfied with the inadequacy which currently exists in these area. This inadequacy posed a big challenge to our fight against poverty and backwardness,” Mr Mwanawasa’s letter read in part.
The President said the process for the inclusion of the CA in Article 79 of the current Constitution should be made if such was the wish of members of Parliament who were the only institution empowered to effect an amendment to any part of the Constitution.
On the successful holding of the census and referendum, Mr Mwanawasa reminded Mr Mwenye that the Government would use all its best endeavours to facilitate the amendment of Article 79 and to mobilise financial resources, but stressed that there would be no shortcuts in the implementation of the Constitution amendment process.
The President, therefore, wondered in what way it could be said that he had now departed from the position which the Government and the ruling party took all along.
He was saddened that he was being viewed with the same lenses, which were used to assess his predecessors, and was also accused of not meaning well for Zambia when the opposite was true

CHIEF Government spokesperson, Mike Mulongoti, has advised the church to equip itself with correct information on the constitution-making process so that they can actively and effectively participate in the debate.

Mr Mulongoti, who is also Minister of Information and Broadcasting Services, said yesterday that the church should feel free to visit Government offices to get the correct information on the constitution-making process.

The minister said this in Lusaka when he attended a church service at the Ebenezar African Methodist Church in Chilenje.

Mr Mulongoti also said Government was concerned about the leadership wrangles in some churches.

He said Government leaders felt uncomfortable to seek the authority of the church on how best to govern the nation because some of the leaders were always quarrelling.

“We do not feel comfortable to come and seek authority from you when you are always quarrelling. How can you seek dialogue when you are quarrelling?” the minister asked.

Mr Mulongoti also said politicians sometimes avoided to dialogue with church leaders because some of them unnecessarily attacked the State.

“As a strategic partner, the church should help Government with information on how to govern the country in a fair and just manner,” he said.

Mr Mulongoti advised the church against being found in the company of people who had ill-motives, as this would not help Government to develop the country.

“The church complements Government’s efforts in areas like education, health and monitoring of development programmes on the ground.

The church also helps Government in implementing development projects in various parts of the country as it is closer to people, sometimes even more than Government,” he said.

Mr Mulongoti said Government wanted to see the church participate more effectively in matters like HIV/AIDS interventions and governance.

“Among the many areas in which the church complements Government’s efforts are the running of schools, clinics and hospitals and humanitarian missions in times of disasters.

The church also provides education extension services and participates in governance activities at a local level, like monitoring elections and spearheading civic education,” he said.

Mr Mulongoti said Government maintained that the declaration of Zambia as a Christian nation should remain a guiding principle to govern all decisions made by the State on behalf of the people.

And Ebenezar Methodist Church pastor-in-charge, Reverend Newton Musunga, said people should not be surprised when the church invited Government leaders to pray with them.

Rev. Musunga said Government leaders should be interacting with the church because they needed God’s guidance for them to run the nation effectively.

Government has set up a commission of inquiry to investigate the death of 12 soccer fans in a stampede at the Konkola Stadium in Chililabombwe on Saturday.And President Mwanawasa has called for a thorough investigation into events that lead to the death of 12 soccer fans.

The stampede followed an international match in which Zambia beat Congo-Brazzaville 3-0.

Minister of Sports, Youth and Child Development, Gabriel Namulambe, said at a press briefing at Protea Hotel in Chingola yesterday that the ministry permanent secretary, Bob Samakai, would head the commission.

The commission would submit its finding to Government on Friday, this week.

Mr Namulambe said this after he and Copperbelt Province minister, Mwansa Mbulakulima, visited Konkola Mine Hospital for an on-the-spot check of the survivors.

“We are appealing for public calm as we wait for the outcome of the commission of inquiry…I expect to be furnished with information by Friday,” he said.

The deceased are a girl, four boys, a woman and six
men. A total of 50 people were injured during the incident and 36 were treated at the Konkola Mine Hospital.

Eleven survivors were discharged the same day while one is still in hospital.

And President Mwanawasa has conveyed his condolences to the bereaved families.

Mr Mwanawasa said this in a statement in Lusaka issued by his special assistant for press and public relations, John Musukuma.

“As we mourn with families, it is important that events leading to this tragic accident are thoroughly investigated and that measures are put in place to avoid a re-occurrence of similar tragedies,” he said.

President Mwanawasa also said the death of the 12 people had shattered his spirit of victory, as the lives were greater than the Zambia national team’s achievement.

“I have learnt with deep sense of sadness the tragic loss of 12 nationals who died and several injured in a stampede following our national team’s victory in the Africa Cup qualifying match against Congo-Brazzaville,” he said

And seven bodies of the 12 soccer fans who died after the stampede have been identified.

Chililabombwe district commissioner, Timothy Musonda, confirmed this in an interview yesterday.

Mr Musonda said six of the deceased were residents of Chililabombwe while the other one was from Lusaka.
He said the bodies were still lying in Konkola hospital mortuary.

However, Mr Musonda said the government was making arrangements to transport the body of the deceased Lusaka soccer fan to the capital city.

Mr Musonda also revealed that the Office of the Vice-President was assisting the families of the deceased with funeral expenses.

Meanwhile, several soccer fans who sustained injuries during the stampede were treated and discharged from the hospital in Chililabombwe.

President Levy Mwanawasa has instructed the Minister of Mines and Mineral Development Dr Kalombo Mwansa to terminate mining rights of investors who were not using their Licences..

President Mwanawasa said nearly the whole country was under large scale prospecting
licences that have either been idle for many years or covering very large tracks of
land.

The President said Government was currently  deliberately  promoting ownership of
large scale mines by Zambians on their own or in partnership with foreign investors
to boost wealth creation and citizen’s empowerment.

He said the action to terminate idle prospecting licences would free areas for
allocation to new investors .

The President said government was in a hurry to develop the country, hence he would
not accept a situation where some people hold on to mineral areas without
undertaking the expected economic actitivities.

He said this in a speech read on his behalf by Vice President, Rupiah Banda, during
the official opening of the 50th Copperbelt Mining and Agriculture Show.

He added that he was instructing the Minister of Mines and Mineral Development to
ensure that holders of prospecting Licincences utilise them within the time space
provided by Law to avoid situations whereby licences were withdrawn through
inactivity.

”I m therefore instructing the minister of Mines and Mineral Development to
strictly implement the policy of “use it or lose it” said Mr Mwanawasa.

And speaking earlier at the same function Show Society Chairman Bill Orsborne called
on the government to come up with a programme that would promote a gradual increase
in Mineral Royalties over a period of five years  to allow the mining companies get
a return from their investment in infrastructure.

Mr Osborne said the increase in Mineral Royalty from 0.06 per ccent  to O.3 per cent
would have serious unwanted effects on the mining sector.

He said this would also make the investors in the mining sector to lose confidence
in the government hence the need to trend carefully.

He said there was need for the government to dialogue with affected stakeholders in
the mining sector instead of making premature pronouncements which had a potential
to sway away investors.

And Mr Osborne has called on the Government to address the looming power shortage in the energy sector.

He said the pending energy  shortage in Southern Africa had come at a time when the
country was in need of more electricity following development in the agriculture and
mining sectors.

He added that if the situation was not tackled properly it could have negative
effectives on the growth of the economy.

Mr Osborne observed  that if there was no enough energy in the country, the
strengthening Zambian economy would be weak hence lose out of exports.

The show was also graced by First Republican President Dr Kenneth Kaunda.

ZANIS

British Prime Minister, Tony Blair, has described the Zamtrop and BK conspiracy judgement by the London High Court as a historic victory for the people of Zambia.

Mr Blair said the judgement against former president, Frederick Chiluba, and others, was a great victory for Zambians and showed Government’s commitment to making those who stole from the State account for their actions.

Special assistant to the President for press and public relations, John Musukuma, announced Mr Blair’s congratulatory message to President Mwanawasa and Zambians in a statement issued in Lusaka yesterday.

“This is an historic victory for the people of Zambia and it shows both their, and your commitment to bringing those who steal from the state to account, whatever their nationality no matter how powerful they are,” Mr Blair said.

He added: “I am glad that the money that was plundered can now be returned to the Zambian people.”

Mr Blair’s congratulatory message to President Mwanawasa and the people of Zambia came barely two weeks after six European governments and the United States of America welcomed the London High Court judgement against Dr Chiluba and others as a historic victory for Zambians.

The Western countries said it was courageous for the Zambian government to have pursued the case, especially that a former head of state had been held accountable for corrupt practices.

This is in a civil case in which Judge Peter Smith found Dr Chiluba and others liable for fraud and abuse of office in which US$46 million was stolen from State coffers.

Judge Smith ordered the defendants to pay back the Zambian government 85 per cent of the stolen money within 14 days.

Two of the six Zambian defendants, Faustin Kabwe and Aaron Chungu, have since appealed against the judgment while Dr Chiluba refuses to recognise the judgement, calling it a political conspiracy against him.