Former President FTJ Chiluba, today lashed out at a London high court judge who found him guilty of stealing US $46 million , calling him a “racist”. He accused Zambian and British leaders of conspiring to “crucify” him.

At an emotional press conference, Chiluba protested his innocence.
Dressed in his trade mark tailor-made suit, Chiluba told reporters that he would not accept the judgment made by Judge Peter Smith last week, claiming it was predetermined by the British government.
“At best, this judgment is a mere political statement made by a man who represents a vicious and violent system with inherent prejudices and hatred against Africa,” Chiluba said at a news conference.
“The language he uses is racist, abusive, demeaning and clearly unbecoming of a high court judge,” he said.

“I find this judgement totally unacceptable and I therefore reject it.”

“Judge Smith’s obsession with my clothes is obscene. Is not the living and other expenses of the president borne by the state?” Chiluba asked.

He explained that part of the funds he allegedly stole was in fact from a private reserve of money made up of donations from various people and put in a secret service account for security reasons.

“More than nine million dollars came from private sources,” Chiluba said.

Chiluba gave no indication of whether he will appeal the ruling.
Chiluba said that Mwanawasa had “betrayed the national trust,” by pursuing legal action in a foreign court. Some criminal charges remain pending in Zambian courts.
The government said it was vindicated by the ruling. “Public service is about service, not about the aggrandizement of wealth,” Minister of Information and Broadcasting Mike Mulongoti told The Associated Press. “The judge has vindicated us. Forty-six million dollars, for a country like Zambia, is a lot of money. … The outcome has profound implications.”
If Chiluba does not pay, the government could then begin the process of seizing his assets, said Stephen Lungu, vice president of the Law Association of Zambia. The Law Association of Zambia (LAZ) has said the judgement handed would be enforced in Zambia.
“If he (Chiluba) fails to satisfy the judgment, he can be declared bankrupt,” LAZ vice president Stephen Lungu warned.

“Nothing will stop the enforcement of a foreign judgment because of the reciprocal agreements that exist between the two jurisdictions,” Lungu said.

Chiluba officially earned about 100,000 dollars during his time in power, yet he managed to pay the exclusive Basile clothes boutique in Switzerland 1.2 million dollars — all with money stolen from the Republic of Zambia, according to the British court.

Zambian prosecutors, who pursued the case in British courts because some of the money was laundered through British banks, are in the process of entering the judgment with the Zambian High Court, which is expected to accept and enforce it. Chiluba will then have 14 days to pay back the funds.

The ruling MMD in Eastern Province has disassociated itself from the recent one month altimatum issued to Laungeni Member of Parliament Angela Cifire.

Eastern Province Information and Publicity Secretary, Phillimon Mwale, said the people who issued the One-month altimatum to Ms. Cifire, during which to visit her constituency, were not party members.

Mr. Mwale said party officials from Luangeni confirmed that the people, who were
contemplating to pass a vote of no confidence in Ms.Cifire’s leadership were not MMD
members.

Mr. Mwale said Ms. Cifire, who is former Health Minister, was still enjoying support
from the party in her constituency.

He said former Chikando ward councilor in Luangeni, Richard Soko and a Mr. George
Sambo, an alleged Patriotic Front cadre, were trying to put the party in an awkward
position.

Mr. Mwale warned that party members, who would be found associating with the group,
would be punished severely.

He appealed to President Levy Mwanawasa to sympathise with Ms. Cifire and give her
another chance to serve as a Cabinet minister.

“As a province, we had two cabinet ministers and when one is removed, you can not be
happy,” Mr. Mwale said.

An alleged MMD group last week stormed the Post Newspaper offices in Chipata and
alleged that Ms. Cifire was dropped from cabinet because she did not visit her constituency.

said it would stop defending Ms. Cifire when electorate asked why she was not
visiting her constituency.

President Levy Mwanawasa has implored the Zambia Prison Services to produce more food in order for it to reduce dependence on the national treasury for its operations.

Mr. Mwanawasa wondered why the ZPS could fail to produce food for the inmates when
the institution has a lot of manpower and abunbant land.

He warned prison officers against rampant use of inmates to cultivate field for Prison staff instead of cultivating the prison farms stressing that basic things could be grown by the inmates themselves.

The president was speaking in Lusaka today when he officially flagged off 100 hectares of the Zambia-Egypt joint farming venture at Mwembeshi Prison farm.

He said the objective of the venture is equip inmates with modern agriculture skills in efforts of enhancing food production.

He said government has set aside funds in this years budget for the completion of the construction of Mwembeshi Prison as well as rehabilitation of infrastructure at selected prisons across the country.

He challenged Commissioner of Prisons, Jethrow Mumbuwa, to provide accurate data for
all the 53 prisons across the country before the president makes an official declaration on the status of the the Zambia Prisons Service.

Mr. Mwanawasa said government desires to explore horticulture, animal husbandry and
ranching to enhance productivity in the sector and that it is committed to strengthening existing bilateral relations with Egypt for the mutual benefit of people in the two countries.

The President earlier, commissioned an a Banana plantation at mwembeshi Prison farm
which was intiated by Mr. Mumbuwa.

And speaking earlier, Mr. Mumbuwa assured President Mwanawasa that at least 65,000 x 50 kilogram bags of maize would be harvested from the Zambia-Egypt joint farming
venture despite challenges of lack of modern equipment and skilled manpower.

Mr. Mumbuwa said the service intends to increase the hectarage from the current 100
to 200 in the next farming season and commended government fpr the continued support
in various areas such as transport to enable it fully execute its operations.

And Egyptian Ambassador to Zambia, Tamer Monsour, reteriated his government’s
commitment to strengthen the South-South bilateral relations emphasising that africa
is capable of standing on its own.

Mr. Monsour said the Zambi-Egypt joint farming venture is a true testimony of commitments by the two countries in promoting the performance of the agricultural
sector in Zambia.

Incarcerated former Ministry of Health Permanent Secretary, Kashiwa Bulaya today walked out of prison custody after he was granted a K40 million cash bail by the Lusaka High Court, pending determination of his appeal against conviction.

In granting bail, High Court Judge, Marvin Mwanamwambwa gave conditions that Bulaya provides two local working sureties, each on his own recognisance, in the sum of K100 million.

Judge Mwanamwambwa further ordered that Bulaya surrenders his passport or any other travel document to the Task Force on Corruption and also that he should be reporting to the Officer-In-Charge or the Chief Investigations Officer at Woodlands Police
Station every Friday.

Bulaya was found guilty of one count of abuse of authority and two counts of corrupt
practices on February 21, 2007 by Lusaka Principal Resident Magistrate, and was
consequently convicted and sentenced to five years imprisonment with hard labour on
each count, but to run concurrently.

The sentence was effective July 20, 2006, the day he was remanded in custody.

However, on February 22, this year, Dr. Bulaya filed an appeal to the High Court
against the conviction and later applied for bail pending determination of his appeal.

The appeal was made under section 332(1) of the Criminal Procedure Code (CPC), Cap 88.

This section states that, ” After the entering of an appeal by a person entitled to appeal, the appellate court, or the subordinate court which convicted or sentenced such person, may, for reasons to be recorded by it in writing, order that he be released on bail with of without sureties, or if such person is not released on bail, shall, at the request of such person, order that the execution of the sentence or order appealed against shall be suspended pending the hearing of his appeal”.

Bulaya supported his appeal by arguing, through his lawyer Mumba Kapumpa, that he
was a reliable individual who has convincingly demonstrated his capacity to abide by
bail conditions over a long period of time.

He argued that it might take long before the case record is ready for appeal, noting that bail might only be granted when he (Bulaya) has already served the whole or a substantial portion of his five year long sentence.

“That in that event, the appeal would be a mere academic exercise,” he argued.

But Mutembo Nchito opposed the application for bail on behalf of the state saying
granting bail under section 322 of the CPC was a discretionary remedy.

Mr. Nchito submitted that for the discretion to be exercised in favour of the applicant, he must demonstrate that he has a fair chance of success in his appeal and that there are special circumstances in his case.

He further submitted that so far the applicant has not shown any of the two and added that during trial by the magistrate court, Bulaya had on two occasions, applied for bail to the High court but he was not successful.

In his ruling on bail, Judge Mwanamwambwa agreed with Mr. Nchito that the granting of bail pending appeal was a discretional remedy.

The judge however said such discretion should be exercised judiciously.

He explained that in an application for bail pending appeal, the primary consideration should be whether or not the applicant has revealed exceptional circumstances.

Judge Mwanamwambwa said the applicant should show that the appeal has a fair or
probable chance of succeeding and should also show that the length of the period the
appeal is likely to be determined.

He noted that every appellant appeals because in his view, he would win.

The judge advised that it was not advisable to speculate on the possible outcome of
an appeal.

“Such speculation borders on prejudging the appeal. In my view, the merits or otherwise of the appeal, should be left to the appellate judge, at the hearing of the appeal,” he said.

Regarding the duration of the appeal, Judge Mwanamwambwa said it was common
knowledge that in Lusaka, appeals from subordinate courts take long to process.

He stated that given the size of the court proceedings in the subordinate court and
the slow pace of typing and preparing the case record, Bulaya had revealed an exceptional circumstance.

“He deserves bail pending appeal. Accordingly, I hereby grant him bail, pending determination of his appeal,” Judge Mwanamwambwa ruled.

ZANIS

Government has challenged opposition Patriotic Front, PF, leader Michael Sata to provide government with information on how second republican president Dr. Chiluba’s administration allegedly stole public resourses that President Levy Mwnawasa allegedly benefited from.

Chief Government spokesperson, Mike Mulongoti said Mr. Sata should explain to the nation how President Mwanawasa benefited from the resources allegedly plundered by Dr. Chiluba and others.

Mr. Mulongoti regretted that Mr. Sata was trying to gain political mileage out of cases of abuse of office that Dr. Chiluba is facing before the courts of law.

Mr. Mulongoti was reacting to Mr. Sata’s comment published in one of the privately
owned daily newspaper that alleged that President Mwanawasa benefited from the
public resources allegedly embezzled by Dr. Chiluba during his reign.

On the MMD vehicles, Mr. Mulongoti maintained that the ruling party bought the
vehicles using it own funds.

Mr. Mulongoti further lashed out at Evangelical Felloweship of Zambia Executive
Director Bishop Paul Mususu for failing to recognise President Mwanawasa’s effort in
fighting corruption.

Mr. Mulongoti, who is also Chief Government spokesperson, challenged Bishop Mususu
to accept the fact that the corruption crusade has helped expose Dr. Chiluba and his
accomplices of abuse of public resources.

And Mr. Mulongoti has advised Dr. Chiluba to register his grievances to the High Court of Zambia, for them to be enforceable.

Mr. Mulongoti said trans-national crime requires the aggrieved party to adhere to pocedure of channeling complaints through the High Court.

London High Court Judge Peter Smith ordered Dr. Frederick Chiluba to pay US$46
million resources of alleged plundered resources.

Mr. Mulongoti also disclosed that government will soon set an inquiry to establish whether Mr. Sata is corrupt.

Mr. Mulongoti alleged that Mr. Sata whilst serving as Cabinet Minister and MMD
National Secretary, in the second republic abused and swindled the National Assembly
about K2 billion the money meant for the MMD national convention.

Meanwhile, Mr. Mulongoti has appealed to all loving Zambians to be alert in the graft fight to rid the nation of corrupt people.