THE Lusaka High Court has ordered companies and banks that hold money on behalf of former President Kenneth Kaunda to transfer it to a consortium of lawyers’ account to service the debt he owes in legal fees.

This is in a case in which lawyers from law firms are owed legal fees amounting to US$645,526.26 by Dr Kaunda.

The law firms include Central Chambers, Andrea Masiye and Company, Dove Chambers, Lukona Chambers and Mvunga and Associates.

Deputy High Court Registrar Jones Chinyama directed that the cited companies should appear before him on June 19, and show cause why they should not give the money to a consortium of lawyers.

The companies include Zambia National Commercial Bank, Barclays Bank, Standard Chartered Bank, Stanbic Bank, Indo-Zambia Bank and Investments Bank. Others are Zambia National Holdings Limited, United Quarries Limited, Dora Tamane School and E.W Tarry’s.

The order was made following an application by the lawyers that the named companies and banks pay them the debts, dividends, profits, rentals due or any money accruing to Dr Kaunda and UNIP, which they were holding.

The legal fees accrued when the lawyers represented Dr Kaunda in cases, which included the misprision of treason, which attracted a fee of US$171,726.25, citizenship case with a cost of US$150,000, and the black mamba case with a cost of US$90,475.

Other cases in which they represented Dr Kaunda were the alleged Kabwe assassination attempt and illegal assembly with a cost of US$ 45,825 and the 1996 presidential petition case.

The legal fees which the lawyers are demanding were agreed upon in a consent order on April 27,1999 after Dr Kaunda disputed the initial fees.

It is alleged that the former President and UNIP undertook to settle the fees but to date they have not done so.

The ruling MMD in Mufulira district has maintained that the Mungomba Constitution should be adopted by Parliament and not a Constituent Assembly as suggested by some sections of society.

This is because the constituent assembly could cost huge sums of money that could
instead be channeled to the implementation of economic development programmes.

The MMD has also maintained that adopting the constitution through the constituent
assembly would only demean and undermine parliament which is the only legitimate
body put in place to make laws.

MMD Mufulira District Secretary, Joseph Chikombola, said this in a walk in interview
with the Zambia News and Information Services in Mufulira today.

And the MMD has suggested that the K205 billion set aside for the constitutional
making process in this year’s budget should be channeled towards national
development ventures.

The party says the money involved was too much and would only end up benefiting a
few individuals who will draw per diem at the expense of suffering Zambians.

And the ruling MMD in Mufulira has taken a swipe at the Catholic Church whom they
have accused of misleading the people on the entire constitutional making process.

Mr. Chikombola added that the church has of late been posting pastoral letters on
the constitution making process, to its members in various communities.

Mr. Chikobola has since appealed the clergy in the largest Christian grouping to
desist from talking about the constitution and rather concentrate their efforts on
propagating the works of God.

He added that politics and matters surrounding the constitution should be left to
politicians alone adding that the clergy should not gain political mileage by
speaking on the constitution without firstly consulting their members.

The ruling MMD has scooped the Chilongo ward by election in Nchelenge district.

MMD’s candidate Chilembi Chipili polled 251 votes beating his nearest rival paul
Chisala of the National Democratic Focus, NDF, who got 137 votes. PF’s Maxwell Mpande came third with 62 votes.

Returning officer Edward Musonda last night declared Chipili duly elected in
the by election at the Nchelenge District Council Chamber.

UNIP candidate Peter Muposhi was last with 14 votes. The returning officer said there were two spolied ballots with none disputed.

Speaking to ZANIS after the announcement of results, Nchelenge MMD Constituency
chairman Oswell Musamba expressed delight at the results of the polls.

Mr Musamba said the party’s victory in the polls was not by accident but a result of hard work, issue based campaign and support from the party leadership at both provincial and national level.

President Levy Mwanawasa challenged the West to match Chinese investment in Zambia on Tuesday, saying Western countries had let country down. Mwanawasa said Zambia would carry on welcoming Chinese investment, credit and loans despite domestic political opposition and unease in the West over the pace of China’s drive to boost economic ties with Africa.

“Those who oppose Chinese investment … all they need to do is to equal the help we are getting from China. We only turned to the East when you people in the West let us down,” Mwanawasa told Reuters on the sidelines of an African business forum.

“Give us the same or more cooperation we are getting from China and you will see that we are friends,” he said.

China is pursuing a strategy of tapping African raw materials to feed its economic growth, in exchange for grants and unconditional loans to the world’s poorest continent.

Zambia said last month China had boosted its planned investment to $900 million in the Zambia’s mineral-rich Copperbelt over the next four years.

“The good thing is that I know of no strings that are attached to Chinese investment,” said Mwanawasa.

China’s increasing involvement in Africa has raised concerns among Western companies that they will be squeezed out of the race for Africa’s mineral and energy deposits.

Eyebrows are also being raised in Western political circles at China’s rising influence in the populous continent.

Some within Zambia oppose Chinese investment. Workers at a Chinese-owned copper mine in Zambia rioted over pay last year and the main opposition Patriotic Front party has accused the government of selling out to Beijing.

Mwanawasa dismissed talk of domestic opposition to China: “The opposition in Zambia oppose anything.”

Chinese businesses have already invested more than $6 billion in Africa and are engaged across sectors from energy and mining to construction, infrastructure and textiles.

Some Western companies are hamstrung by their bankers who balk at the potential risks of doing business in a continent with a poor record on corporate governance.

Mwanawasa, who in a speech to the business forum stressed the need to root out graft, dismissed allegations his government’s anti-corruption campaign was a political witch hunt against his predecessor Frederick Chiluba.

Chiluba, who says he is the target of a witch hunt, is to stand trial on corruption charges on August 14, accused of stealing $488,000 in state funds while ruling the southern African nation from 1991 to 2001.

The case has been stalled since May 2006 due to concerns about his health.

“Chiluba is a very close friend of mine … there is no reason whatsoever why we should want to purge” the country of his supporters, said Mwanawasa.

He said he had offered Chiluba an olive branch — that he could repay 70 percent of what he had allegedly stolen and receive a pardon but Chiluba had rejected the proposal.

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.