Management of Collum Coal Mine and all the 13 workers who were shot at have agreed that the two Chinese senior officers who fired at them should not be prosecuted.
And the mine management has agreed to compensate victims of the shooting between K20 and K45 million and has also increased the minimum basic monthly salary for its workers from the statutory required K286,000 to K450,000 following the Government’s directive to management to improve the working conditions at the mine.
According to the compensation agreement obtained by the Times of Zambia, management of Collum Coal Mine and the victims of the shooting had a meeting on November 10 which was also attended by the labour commissioner where the two parties settled the matter by agreeing compensation and that the two directors who opened fire should be exempted from prosecution.
“All the 13 injured agreed that Xiao Lishan and Wu Jinhua be exempt from prosecution.
“After verification, there are 13 people who were injured. Among these, one person was severely injured and he will be paid K45 million including five years school fees anywhere within Maamba area.
“Those who are partially injured are six and these will be given K35 million each while the other six who are not severely injured will be paid K20 million each. When Collum Coal mines industries Limited pays the compensation, the officers from Ministry of Labour and Social Security and relevant witnesses should be in attendance,” reads part of the agreement.
The move was part of the process aimed at improving the working conditions at the mine where 13 workers were recently injured when they were shot at during a protest to press management for improved conditions.
The two parties agreed that 50 percent of the total compensation to the injured would be paid today while the remaining half would be settled on December 1 this year.
Those to be compensated include Vincent Chenjela who would be paid K45 million while Simon Simweete, Wissborn Simutomba, Beston Munakazela, Boaz Siapwaya, Madinda Siamubotu and William Muntanga would each get K35 million.
The rest of the victims to be paid K20 million each were Japhet Siakalumbwe, Sianaini Ward, Brighton Siamfuno, Alfred Senuka, Vincent Wmanamusiya and Abin Siambeeba.
Southern province minister Elijah Muchima said Collum Coal mine management was heeding government’s directive to improve the working conditions at the mine.
Addressing the workers at the mine, Mr Muchima said government was happy that management of the mine was taking the necessary steps to improve the working conditions at the mine.
Mr Muchima said mine management had also introduced food and housing allowances and also transport allowance for workers who were staying more than three kilometers from the mine.
Mr Muchima directed management of the mine to employ a human resources manager and a Zambian interpreter to facilitate communications between the Chinese and their Zambian employees.
“Management of this mine has to be sincere and should do what they have written down as a roadmap to improving the working conditions and environment here, failure to which they will annoy us,” Mr Muchima said.
Collum Coal mines industries director Xu Jian Ling assured the Government that management would do everything possible within the Zambian law to improve the conditions at the mine.
Recently, 13 workers at the coal mine were shot at, a situation which drew condemnation from President Rupiah Banda and a cross-section of society.
President Banda, however, advised that it would be wrong for those condemning the shooting to single out a particular grouping as that might create phobia against them.
“I don’t like what happened there and the law is definitely taking its course,” he said.
[Times of Zambia ]
MMD at work again. Delivering shoody deals on behalf of Zambian. Shame
its just right that our fellow countrymen should be compasated,but disapointed with the fact that the offenders wont be prosecuted,is it right morally,legally and what message is it sending out there?do we really have a government for the people?is the k450,000 basic something to talk about?
Imagine what would happen if you shot a Chinaman on their land? Kukuputula umukoshi instantly!
What country is this???? CHINAMAN CONTINUE SHOOTING THEM: IT IS NO LONGER CRIMINAL TO SHOOT SUM1 AS LONG AS YOU CAN COMPENSATE THEM::: I cant understand this… are we stil living in the state of nature pa zed.
Poverty at its best. Get compensated and prosecute the criminals.
Its such a shame that wounded victim’s would really agree not to persecute the so called ” Investors “.Come on Zambians we can do better we are not that poor.monthly earning still poor and thats what is called Government’s intervention.Abash to this!!!!!!!!!
This is ridiculous! I’m so upset.So the goverment of Zambia admits Chinese are above Zambian Law? Bribe a few villagers and you are off the hook.We have been colonised without knowing it.Has Zambia sold its soul.RB please respond!
For Christ sake. This matter is beyond the two parties involved. An offence was commited and it a criminal matter and no amount of negotiations should be tolerated in the crime committed. Ofcourse the victims should be compensated and the offender (The two chinese), the law should take its course. The would are still fresh regarding the Bilgrim incident. Lets take responsibility
For Christ sake. This matter is beyond the two parties involved. An offence was commited and it a criminal matter and no amount of negotiations should be tolerated in the crime committed. Ofcourse the victims should be compensated and the offender (The two chinese), the law should take its course. The would are still fresh regarding the Bilgrim incident. Lets take responsibility people
I don’t know where we are headed.
This is one of the strangest decisions reached in a criminal case. Not so long ago, someone beat his wife, and despite the reconcilliation, he was hauled before the courts. Some man bounced a cheque, but paid the money in cash and was hauled before the courts. 13 ‘poor’ people are shot at, injured and pressure is heaped upon them to accept a financial settlement. Did they have access to legal advice before accepting this settlement – I am sure they did not. It is a very sad reflection on our country and how we treat our own people.
How much did the one negotiating for these guys get from the chinese.
#1-7 As usual PF cadres , full of emotionalism and populaism without critical reasons capacity at all. Let me break it down for you and set the record straihgt.
1) The people who shot at miners where arrested, taken to court and given bail according to the laws of our land and our public institutions executed this process with the professionalism it deserves and the MMD government was not involved.
2) The MMD government did not withdraw the case from the Court. The warring parties have decided to settle out of court.
3) Settling cases out of court is NOT illegal in Zambia and I challenge all PF Kopanyas to proove that . Recently GBM from PF settled a case out of court. Was MMD government involved in that?
Come people lets put our thinking hats on please
Ubuteko busapota bamwisa. what is 40M kwacha. poverty is not good at all. the law should have taken its course
it’s just as what that BOOK of TRUTH says; money is the answer to just about anything, that’s somewhere in proverbs, I think.
this is a crime against the state the undividuals involved have nosay anymore except to give evidence.
Utter nonsense! I say they get the compensation and still face the law.
Utter nonsense! I say the shooting victims get the compensation and the shooters must still face the law.
so the china pipo are above the law! zambia were to?
#19 How have you concluded that . Which law in Zambia that forbids settling cases out of the court. Can you quote the law that has been broken?
This makes a realy sad ending. I can only think that only God’s fast approaching kingdom will deriver us from this SLAVERY of poverty (yes its slavery). I’v always mentioned thrug this blog that real hope for da poverty and other ills we’re pasing thru lies far beyond reach of a politician, this is a case in particular to prov the point. How can human life (yes life was involved) be exchanged for K40m? I hope the end will come sooner b4 things go to the worst!
Attempted murder is not a civil offence. It is a criminal offence!! Criminal offences are prosecuted by the State through the DPP. It does not matter whether the parties have reconciled, the case must still continue. The miners have no say in the prosecution, they are just witnesses. What is happening to our beloved country?! This is definitely MMd and Government at work to protect the Chinese, that the only way the case can be discontinued. Mchenga (DPP), please, for once in your life, do something honourable and proceed with the prosecution.
Were the victims asked to choose between compensation and prosecution?
I don’t agree that, this victms have agreed from their free well, DEC should investigate and findout from eacher victm,,,,, If the agreement has come from a free coscience… How can the guys have the same mind today with R.B followng the state he made when he leaving for mpulungu???? Open ur eyes
#13 This govt has no LAW & ORDER.The shooting incident was a crime against all Zambians and not just the victims therefore reconciliation between the victims and Collum does not remove the prosecution of perpetrators of the crime.The story behind the shooting has to heard in the courts of law in order to forestall a recurrence of the same incidence.How can we forgive these people without knowing the reason behind the shooting -What if they are lunatics do we have to wait until one dies to prosecute them?!!! MY GOD OOH PSE HELP US!!!!
Nxt you will hear the Chinese have been granted Zambian citizenships, when Zambian born people are not allowed dual citizenships, unless of course you are a diplomat or hiding one or the other passport when travelling.
There are two issues to this shooting incident and both should be settled according to Zambian law.
1. Civil liability: The company is vicariously liable as an employer for the torts of its employees in the course of employment and hence should compensate the victims of the shootings. This can be negotiated between the offender and the victim.
2. Criminal liability: This is between the state and the offender. The DPP recommends for prosecution when satisfied that the offender has a case to answer and should be commited to a court of law. This cannot be negotited between the offender and the victim. The DPP has the evidence (medical records) and the victims are mere witnesses.
We need a comment from the government as to how they intend to proceed with this issue.
I totally agree with #22 and wonder how low chief mbuti licker can sink so low.
How do settle a criminal offence out of court? Only in Zambia,yes they are supposed to recieve compesation & the two thugs prosecuted in a normal country.We all know the Chinese are bankrolling the MMD campaigns but please let there be some little decency.I am waiting fot the Human Rights Commission to respond to this
This shooting took place on the Zambia soil (in Zambia). This is a criminal offence and the chocholis must be prosecuted under the Zambian criminal law. What the chocholis must be talking about is the amount of compensation due to the victims of this s t u p i d crime.
meant crime commited by s t u p i d chocholis
the miners are offered peanuts to shut them up, none of them has seen that amount of dosh before, ……….typical Zed miners the amount seems so much to them, some will even move in lodges with new girlfriends, new wives and drink their gutts off, only to find out after a month that the money was just chicken change compared to what the Chinamen are getting out of those mines, thanks to the poor Zedian’s cheap labour!
China 11 – Zambia still 0. Half time.
More to come in the second half. I have finished a bowl of popcorns without realising so. My mind taken back by this story.
The MMD Govt., too obsessed with China. Let them just Plant a Chinese Chinaman Flag at State House. No China man has been convicted for massive crimes committed in Zambia. Theft of our copper on the copperbelt, Bilgrim disaster etc, Collum Mine shooting etc…..
A very sad day for justice in our country.How could any sensible govt allow such a demeaning settlement to take place? where is our pride & freedom?
My God 2011 seems like a decade away.
The shot victims should also be arrested for blocking/hindering justice. This is a criminal case, the basterds should be compensated ofcourse but the offenders should face the grinding wheel of the law. Where on earth can you reach an agreement not to prosecute a criminal. After all these guys do not even have plans for the peanuts they have been given. What a shame in Zambia, the world must be laughingg at us. Can some lawyers please take up this case so that these Chinese can be prosecuted like every criminal? Where is the rule of law in Zambia. Animal farm Believe me we dont have rules we dont have a government
Does the Zambian Government know and understand what a fire arm offence is? This offence cannot be negotiated and settled out of court. The gunmen should be convicted and sent to jail, while the firm they represent should still compensated.
The K450,000 they are singing about is far less than a good many Zambian Domestic Worker are getting. Mind you some take home K700,000 from being a “kaboyi”.
#20 who are the man. These people who are condeming MMD are ignorant of the law. Why should the government continue with that case if the two parts have agreed to settle the matter out of Court.
mwalipunpa ba swine the next time they are going to kill you
I agree. Many cases are settled out of court. That being said, I’ll wait for THE SAINT to shed some more light on this whole issue through his critical analysis. He is the most balanced blogger on this site.
#28……lol. More of mpu** licker. Lets be serious, life is worth more than any amount of money. In Law there is what is called precedence, basically meaning someone can come and shoot at an individual and provided that individual survives, judgement will be passed according to a previous case of similar nature. In a nutshell, am saying, WE’LL BE WORTH K45,000,000=00 TO SHOOT AT(provided we survive), if this goes through. What a damn shame.
#13 MmD chief bootlicker I’m no lawyer but can a criminal case be settled outside court? I thought it was only civil cases.if someone say is murdered and the killer decides to pay compensation is that allowed?
MMD Chief Bootlicker its called “The People Vs. Xiao Lishan and Wu Jinhua” and not Vincent Chenjela et al Vs. Xiao Lishan and Wu Jinhua! Its all very well to settle out of court, as The Bible tells us the way to resolve such matters. … Take him to court? NO! Go to him! If he won’t hear you, take a witness or two. If there is still no resolution, take the matter before the church, Matthew 18:15-20. So in a way, I agree with you (for the first time), however, this is a typical case where Chinese and other foreign citizens must obey the law as any other Zambian; just as we obey the laws and are punished in foreign lands! In China today, there are 3 Zambian awaiting a death sentence for drugs- should they be excuted?
And there was a British chap who was caned in Singapore for throwing chewing gum on the streets in the early nineties (Apparently, this law was created because people disposed of gum incorrectly by sticking them under places like chairs or tables. As a result, chewing gum is banned in Singapore under the “Regulation of Imports and Exports (Chewing Gum) Regulations.” Except for chewing gum of therapeutic value, the “importing” of chewing gum into Singapore is banned. As (rediculous as that law is) people respect their laws. In England, those chaps would have been awarded more than £1m (Yes one million Pounds)- why are they (like MMD) selling themselves cheap?
So those tonga boys will be rich now huh?I guess they will just marry more women as per their tradition.To be honest,prosecuting those managers was not going to benefit those tonga boys in any way but receiving those millions while living in a tonga village will benefit them greatly.That being said,we need to admit here that withdrawing a criminal case like that is not a popular thing in the way justice is administered but if it’s done within our laws then let it be.I’m for the idea of people resolving issues outside courts and the Bible encourages us to do that.A nation where everyone is taking the other person to court is a nation with big moral problems.What happened to the word “forgiveness”?I know chinese wouldn’t do that themselves but is it bad to set an example to them?
Bullshit!!! F%$K MMD! [-(
# 39
Mr Capitalist when did The SAINT become the most balanced blogger?He s just another MMD watchdog,something i ve no problem with coz everyone choses how to butter his bread.
Iwee chi MMD Bootliker…remember what happened in Mpombo’s case, he paid the money in cash but the state prosecuted him for bouncing a check bcoz its a criminal offence….the same should happen to these Chinamen..!!!!! I can see your ass leaking is now affecting your brain.
# 13MMD Chief Bootlicker- I we this was not civil case, but a criminal Case. Attempted murder is neither bailable nor substituted by companseting the injured.It is not about PF or MMD, we cibwa iwe.So these Chinks are MMD?
ITS A SAD STORY,THE VICTIMS HAVE BEEN BOUGHT OUT CORRUPTLY BY THE YELLOW CHINA MEN. THESE 2 MANAGERS WHO SHOT AND INJURED 12 PEOPLE SHOULD NOT BE LET OFF SCOT FREE AND SHOULD BE JAILED UPTO 10 YEARS WITH HARD LABOUR. THIS WHOLE EPISODE STINKS. JAIL THE CHINA MEN.
Where will K4.5.m take you?? Ok that is between u and chocholis but what about chocholis and the zambian law??? I can’t waiit to hear a comment from RB now.
This is very upsetting! It has nothing to do with compensation. They committed a crime and it’s not up to the victims to say whether they should be prosecuted or not.If the victims filed a separate lawsuit then they could withdraw it in exchange for a cash settlement.They have no right to tell the AG not to tell prosecute.This is for the upholding of Zambian law and showing that Zambia is not a place where people can commit crimes with impunity and get away with it.And they ask us to come back to Zambia? Please.
You are talking abt shooting, even carrying panado on yr body, they kill you and u go to prison for life. if u know what I mean:o
So far NO one has challenged MMD Chief Bootlicker with a quotation from our law books.
Its a pity to note that Muchima bargained to value the miners lives at between K20m to K45 m. This is wat abject poverty caused by MMD can lead to. If these Chinese chaps have swindled the Zambians. Imagine how much compensation the courts would have given these poor miners? Shame on mr Bootlicker 4 supporting such demeaning compensation packages!
@#43 MB.He he he i hope the man ‘u’ coach sir alex ferguson have read your comment…lol
Get away from PF mob psychology for once and look at it with open eyes.
In this case, I agree with the workers because they are actually better off if you look at it in opportunity cost terms. I am no lawyer but I believe a criminal case does not award damages. A civil case awards damages and I doubt the workers were ready to go through a lengthy and expensive court process in our currently very busy courts.
So yes, the shooting was not justified and very unethical but the workers go away with a settlement plus agreement of increased salaries plus food, housing and transport allowance.
“Management of Collum Coal Mine and all the 13 workers who were shot at have agreed that the two Chinese senior officers who fired at them should not be prosecuted”. People, the article does not say the State has agreed not to prosecute. Discontinuation of a case that is already in court lies entirely on the discretion of the DPP.Let us wait until the case comes up and a nolle is entered into then we can draw all sorts of conclusions.
Attempted murder is not upto any individual to decide whether to prosecute or not… DPP has no choice but to prosecute
2 twelve guage shot guns were discharged. Even the police seek special training and licencing to discharge firearms. These are not pendeloguns. My goodness I shall not comment any longer ubututu mu Zambia Bwa chila. No I know that some black people sold our brothers into slavery eons ago.
What can you get from this story? that zambians are taken for a ride because our GVT is sleeping.How come workers have been mistreated and underpaid for so long? The chinese have just agreed becoz RB warned them that such behavior may lead to him loosing elections giving way to Sata, whom the Chinese look at as an Enemy.
So these I.D.I.O.Ts deliberately give poor conditions of service to our zambia workers even when they are making alot of profits.SHAME!!
CHEIF BOOTLICKER SHUT YOUR FACE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! people like you do not deserve to have a chance to speak!!!!!!!!!!! if it was you relatives that got shot would you be of the same opinion??? the only thing you know about the law is how to bend or avoid it….goodnes me!!!!
As far as Health and Safety legislation is concerned, there are always 2 aspects to it, the criminal aspect and the civil aspect. Governments responsibility is to seek criminal prosecution when laws are flouted, resulting in imprisonment or fines as these will be deemed as offences, the other aspect is the civil part, where the injured part will go into a civil court seeking payment for injuries and any losses accrued as a result of harm suffered. This seems to me to look like the criminal aspect which is the governments responsibility is not being addressed. Beyond belief! beyond reason!
When are people going to be proud of years of learning a profession and not practice it? Wonder why we have Zambians who prefer to practice their professions in foreign lands? Failure in ascendancy-why?
27 Mule
Sorry I have just repeated what you have well articulated on your comments, did not read it, but agree with you a 100% , I am not a lawyer but a professional in another field but is involved in H & S and like you find it that our professionals cant deal properly with the two aspects as clearly stated in your submission.
eant to say find it difficult to understand that our professionals are not alive to these facts.
meant to say find it difficult to understand that our professionals are not alive to these facts.
sometimes you have to endure pain to make an extra buck,so aba ama guys ilifye bwino.every one now at the mines wishes he was shot
Zambians are the laughing stock of Africa!! Ba Mbuli imwe. No useless debates, lets just admit that we are a bunch of spinless people – starting from RB. Whatever has happened to all those fighters from Northern province (Bembas ofcourse)? Ninshi guys twapwalala? Where is the CB crew to help us from this? KCM on stock exchange soon, to generate a mamoth £6 billion pounds and nothing will go to us…. What the fcuk is wrong??? Chinese whipping us, zims laughing, SA laughing and kicking us out, wots up guys?? Indians stealing from us since day one and now stealing KCM copper….. ACTION, not useless bloggin is needed.
#27 is totally right!! However, if the DPP is so crooked as not to proceed with the states case, am sure one of the close relatives of the victims can still proceed & sue as follows A) criminal prosecution for having their dear loved one shot at & sustaining grievious bodily harm B) Civil prosecution for their dear loved one shot at, grieviously harmed, permanently scarred & suffering Post Traumatic Distress syndrome thus directly or vicariously having an impact on the prosecuting close relative. Remember, this relative is no signatory to the deal, thus they are free to proceed, only the victims may have signed away their rights to sue; Victims need a very good lawyer to witness on their behalf, not the chaps from govt, becoz down the line, you’ll end up with only partial payment!!
This is pathetic to say the least. Should someone have been shot dead to drive a point home that what the Chinese did was a crime??? In addition to compensating the victims they should have been jailed!
there is a price on your head. how much is it? Sad to see life being treated this way.