THE London High Court of justice chancery division will tomorrow pass another judgment in the case in which the Attorney General of Zambia is challenging the misappropriation of public funds by Second Republican president, Frederick Chiluba, and 19 others.
Dr Chiluba, former ministry of Finance permanent secretary, Stella Chibanda, former Zambia Consolidated Copper Mines (ZCCM) chairman, Francis Kaunda and Access Financial Services directors, Aaron Chungu and Faustin Kabwe were found liable to conspiracy to defraud the Government of Zambia and the court ordered them to pay 85 per cent of what was alleged to have been misappropriated.
Others were former Zambia Security Intelligence Services (ZSIS) director, Xavier Chungu, Congolese businessman, Raphael Soriano, former Zambian ambassador to the United States of America, Attan Shansonga and London-based lawyers, Meer Care and Desai.
Dr Chiluba, Mr Kabwe, Mr Chungu and Ms Chibanda have since applied to set aside the London judgment in the Lusaka High Court after the Attorney General applied that it be registered.
According to a letter dated June 22 this year by DLA Piper, who are the lawyers representing the Attorney General in London and addressed to Mr Kabwe and copied to Dr Chiluba, Ms Chibanda, Mr Chungu and Mr Kaunda, the court would deliver judgment regarding recoveries, interest and costs in the matter at 11:00 hours Zambian time.
“We write to inform you that judgment regarding recoveries, interest and costs in the above matter will be handed down on Friday, June 29, 2007 at 10 am in the United Kingdom (11 am in Zambia). As with trial, you will be able to participate via video link in the Zambian High Court.
“The handing down of the judgment will be conducted in public pursuant to the directions of Justice Peter Smith.
“We also enclose again a copy of our letter to the court regarding Dr Chiluba’s request for access to the transcripts of the trial, and the courts response,” reads the letter.
In the scheduled hearing of the registration of the judgment, Lusaka High Court Judge Japhet Banda yesterday adjourned the matter to July 9 for hearing.
Mr Justice Banda adjourned the matter after chief State advocate, Dominic Sichinga, applied to do so.
In his application, Mr Sichinga submitted that the State was desirous to consolidate its position in the matter so that submissions to be made to the court would be helpful in arriving at a fair and just conclusion for the parties involved.
He told the court that the adjournment was not intended to prejudice the respondents’ case as the matter was of public interest and that the State had heard the anxieties of the respondents through their affidavits.
Lawyers representing the respondents did not object to the application for an adjournment .
Meanwhile, the Attorney General, Mumba Malila, has asked the court to dismiss Dr Chiluba’s application to set aside the registration of the London High Court judgment.
In his affidavit in opposition to the application, Mr Malila claimed that most allegations made by Dr Chiluba not to register the London judgment were baseless and irrelevant to issues in court, as they had accepted that the English Court and Court of Appeals had jurisdiction to hear and determine the claims made against them by the Attorney General.
Mr Malila indicated that the position adopted by Dr Chiluba and others in their summons to court were inconsistent with their earlier position, and complained that they had failed to disclose full and accurate account of the London High Court proceedings to Mr Justice Banda.
He maintained that most issues raised by Dr Chiluba could not be relied upon as grounds to set aside the registration of the London High Court judgment and dismissed, as irrelevant, allegations that the proceedings were political and not legal and that the outcome of the judgment was pre-determined.
Mr Malila further stated that Dr Chiluba did not explain the basis upon which he said the London High Court judgment was not a judgment to which the Foreign Judgments Act of Zambia applied and that its registration was a contravention of the Act.

Patriotic Front (PF) president, Michael Sata, boycotted the launch of the Zambia Centre for Inter-party Dialogue (ZCID) at Mulungushi International Conference Centre yesterday because he wants board chairperson, Katele Kalumba, to step down.

But the ZCID, MMD and UNIP criticised Mr Sata’s decision to shun the function. Speaking at a press briefing at his home in Rhodes Park yesterday before the official launch of ZCID by President Mwanawasa, Mr Sata said the PF shunned the function because it was left out of the list of main speakers.

“What kind of dialogue is ZCID promoting when the board chairman, Katele Kalumba, is MMD with a lot of interest in the operations of the centre.

We requested from the board chairman that we should be accorded an opportunity to speak but we did not get a favourable answer,” Mr Sata said.

He said PF also requested the Netherlands Institute for Multy-Party Democracy, who funded the ZCID. to consider their position but did not get a favourable response either.

Mr Sata wondered why ZCID did not give an opportunity to other political parties to speak at the official launch instead of restricting speeches to the board chairman and President Levy Mwanawasa.

“We have large number of members of Parliament and, honestly, PF and the United Party for National Development (UPND) could have been given an opportunity to speak at the official launch because that could have promoted dialogue the centre is promoting,” he said.

But the MMD and ZCID condemned the decision by the PF leader to boycott the official launch of ZCID.

Dr Kalumba, who is also MMD national secretary, said Mr Sata was an experienced politician who should understand how such functions were organised.

Dr Kalumba said Mr Sata should not have boycotted the official launch of ZCID because he was part of the political party summit, which met on Saturday to discuss national issues affecting the country such as the constitution-making process.

“Personally I have a lot of respect for Michael Sata and it’s a pity that he boycotted such an important function especially when dialogue among leaders of political parties in the country was being enhanced by ZCID,” he said.

Dr Kalumba urged the PF central committee members to advise Mr Sata on the importance of the ZCID.

“We had some of PF members present at the official launch and the train has started off without the PF leader…as you heard from President Mwanawasa I can only appeal to Mr Sata to support the process just as he did on Saturday,” he said.

And UNIP vice-president, Njekwa Anamela, said there was no need for the PF leader to boycott the official launch of ZCID.

In an interview yesterday, Mr Anamela said the decision by ZCID not giving party presidents an opportunity to speak at the function could have been sorted out later.

UPND leader, Hakainde Hichilema, also shunned the official launch of ZCID.

Among the opposition who attended the function include FDD president, Edith Nawakwi, National Democratic Focus leader, Ben Mwila, Ken Ngondo of All People’s Congress Party, and UNIP’s Tilyenji Kaunda.

Several Members of Parliament from both MMD and the opposition also attended the official launch of ZCID.

The summit of political party presidents in Zambia has asked all citizens to trust its stance of dialoguing towards enacting a new constitution following the consensus made on Saturday to have a constitutional conference as opposed to the Constituent Assembly.

Officially launching the Zambia Centre for Interparty Dialogue (ZCID) at Mulungushi International Conference Centre today, President Levy Mwanawasa said political party leaders have agreed to dialogue and bury their differences with the aim of upholding the interest of the Zambian people.

Mr. Mwanawasa, who is president of the ruling Movement for Multiparty Democracy
(MMD), said political party leaders have chosen a path of political action that
would ensure a new legitimate constitution was enacted in the interest of all
Zambians.

“We chose to bury our differences, we chose to forego our popularity contests for
the sake of Zambia. We agreed to one clear message and that is to give effect to a
body through legislation that will sit down to debate the proposed constitution,” he
said jovially.

He added that the leaders’ collective agreement surmounted any hurdles that might
impede the process of coming up with a new constitution, which he said should be
achieved through dialogue and consensus.

Mr. Mwanawasa further assured Zambians that political party leaders would never
violate the current constitution or do anything that was inconsistent with the
resolution of the Zambian people.

“That will be an inclusive process, it will also be cost-effective, it will be
within the laws that we have given ourselves. It will honour Zambia and not any
political party’s individual interests. Fellow Zambians, trust this process and
remain engaged,” he said.

The President has since appealed to all Zambians to give support the process and the
people involved in it.

He also called on donors tom support Zambians in their process of adopting and
enacting a constitution that would have the voice of the majority Zambians.

Mr. Mwanawasa paid tribute to the Netherlands Institute for Multiparty Democracy,
which played an important role in the establishment of the ZCID.

And Chairman for the Summit of Presidents, Fredrick Chomba, said political parties,
which all along have been operating as antagonistic entities, have now resolved to
work together for the benefit of Zambia as a country.

Justice Chomba said new circumstance have forced the parties to recognize that there
was strength in unity.

“Our political leaders have cast out disunity, therefore let us all support them and
also cast out disunity and drive towards achieving our desired goals,” he said.

He said a widely accepted constitution would set a strong foundation for the much
desired economic development in Zambia.

“Let no one be a political passenger in this train,” he stressed.

And giving a vote of thanks, All People’s Congress president, Ken Ngondo said
dialogue was the key to democratic development.

“This day ignited a flame of hope in all Zambians, they were losing hope in the
political leadership,” he said.

Earlier, Netherlands Institute for Multiparty Democracy (NIMD) Executive Director,
Roel Von Meijenteldt called on politicians, civil society and the general citizenry
to make democracy performer better by dialoguing.

Mr. Von Meijenteldt congratulated the summit of presidents for compromising over the
mode of adopting the next constitution and urging them to continue dialoguing.

Meanwhile, opposition Patriotic Front leader, Michael Sata was missing at the launch
of the ZCID, leaving one chair on the high table empty..

ZCID spokesperson Newton Ng’uni said he did not know the reason for Mr. Sata’s absence.

Mr. Ng’uni said Mr. Sata had indicated that he would be present and changed his mind
at the last minute.

“Mr. Sata said he was coming but we are yet to get reasons for his absence. We
expected him to come but he said he was not coming at the last minute,” Mr. Ng’uni
told journalist after the launch of the ZCID.

Political party leaders that shared the high table with President Mwanawasa at the
launch were Edith Nawakwi for the Forum for Democracy and Development (FDD), Richard
Kapita representing the United Party for National Development (UPND), Tilyenji
Kaunda for the United National Independence Party (UNIP), Sakwiba Sikota of the
United Liberal Party (ULP), Kenneth Ngondo for the ACP, and Benjamin Mwila of the
National Democratic Focus (NDF).

Scores of executive members’ attended the launch.

Chief Mbang’ombe of the Chewa people in Katete in Eastern Province has castigated Dunavant Zambia Limited for exploiting workers and failing to plough back some of its profits to the community where itoperates from.

Speaking in an interview with ZANIS today, Chief Mbang’ombe said the company was not helping the local community as it was only concerned with makin profit.

The chief said the company employed people from other provinces for senior positions  and only offered casual jobs to local people regardless of their qualifications.

 Chief Mbang’ombe also accused the cotton company of failing to fulfill the promise it made when acquiring the land for business operations that it would be manufacturing blankets and employ local people to ensure development of the area and its people.

He noted that there are several areas of need such as community schools, clinics
and orphans through which Dunavant could plough back its profits to assist the
community. 

 The chief said he wants investors who have the interest of the locals at heart. 

 He said as much as the country was in need of  investors, it was important to give those investors guidelines so that local people are not exploited in their land. 

He said foreign direct investment should result in the development of the
country and its people.
    
Dunavant’s cotton ginnery in Katete is about the largest cotton processing plant
in the country.

Western Province Movement for Multiparty Democracy Treasurer, Michael Kaingu has reacted sharply to allegations by  the opposition Patriotic Front members who accused President Mwanawasa of designing a situation that allowed Zambians believe that his predecessor, Frederick Chiluba was a plunderer.

Mr. Kaingu said the opposition party should not involve President Mwanawasa in matters that he was not party to.

He was reacting to the allegations raised in the Post Newspaper of today by some PF members.

The PF members allegedly said President Mwanawasa and the Post Newspaper’s Fred Mmembe have made Zambians believe that Dr. Chiluba was a plunderer by not calling him a suspected plunderer.

Mr. Kaingu charged that the MMD in Western Province was not happy with  the allegations levelled against Mr. Mwanawasa.

“I am very disgusted with the PF members as provincial treasurer for Western province who are bringing President Mwanawasa’s name into their problems,” he said.

He said people should respect the president and should not drug his name into the mud.

ZANIS

President Levy Mwanawasa has expressed disappointment at the ruling Movement for Multiparty Democracy (MMD) Lusaka Province leadership’s failure to attend the function in Bauleni compound.

ZANIS reports that President Mwanawasa who was visibly annoyed said it is no wonder that the ruling party had been doing so badly in the province saying the leaders in the province have not taken party matters seriously.

He said from December last year he had been asking the Provincial leadership to
prepare a programme to enable him visit the compounds to see for himself how people
live and the challenges they were facing but until now no programme had been drawn
for him.

President Mwanawasa was speaking in Bauleni Compound where he had gone to commission
the keep Lusaka Clean and Health Campaign.

President Mwanawasa has since directed Lusaka Province Minister Charles Shawa to
coordinate a programme with MMD National Secretary Katele Kalumba for him to visit
compounds and see for himself the way people live in Lusaka.

However, the President was elated to see MMD Lusaka Central Chairperson Elias
Mpondela who turned up to welcome him.

China will invest an additional $300 million in Zambia’s mining and manufacturing industries, a government minister said on Tuesday.

Commerce and Trade minister Felix Mutati said the money was in addition to the $900 million China has pledged to the Multifacility Economic Zone (MFEZ) in the Copper Belt town of Chambishi, 420 km north of Lusaka over the next four years.

Chinese and Zambian authorities have signed investment agreements which would see the creation of a cement plant, an acid plant and smelter for a new nickel mine in the south, as well as a fertiliser production factory, at a cost of $200 million.

Zambia and China had also agreed to construct a new $100 million high-technology economic zone on the outskirts of the capital Lusaka where television sets, cell-phones, radios and other electronic items would be manufactured.

“The Chinese … want to start manufacturing some of the items from Zambia instead of just importing raw materials,” Mutati told Reuters in an interview.

Analysts say that Chinese interests in Zambia have expanded from copper and cobalt mining to other sectors of the economy as a result of tax exemptions offered by Lusaka.

Mutati said resource-hungry Chinese firms would also use the smelter, to be constructed in Mazabuka district, 140km south of Lusaka, to process nickel from Botswana and Tanzania.

“They plan to have everything here … so that raw materials needed for their industry can be fed from these plants,” he said.

The Chinese would start work on the two economic zones in August, Mutati added.

“We anticipate that the economic zones will be functional by 2010. In Chambishi, 60,000 jobs will be created while less than a thousand jobs will be created in the high-tech economic zone. Many more jobs will be created in southern province,” said Mutati.

In Chambishi, the Chinese planned to construct a copper smelter and other projects in mining and agriculture.

Authorities had agreed to orient the Chinese on Zambian labour laws and culture to avoid tensions similar to those which forced Chinese President Hu Jintao to cancel a trip to Chambishi during a visit to Zambia in 2006.

Zambia’s opposition and labour unions accuse the Chinese of failing to observe safety standards and of paying workers salaries below the government minimum wage threshold of about 70 Zambian kwacha.

“There are some things they need to learn and they have told us they are willing to do so,” Mutati said, adding that Zambia had opened its doors to Chinese investors because “they are different from the West and tend to be quicker in transactions which make sense.”