Civil Rights Activist Brebner Changala has challenged Attorney General Mumba Malila to state clearly who has given him instructions to appeal against the Judge Mungeni Mulenga’s judgment that ordered the Electoral Commission of Zambia to allow Dora Siliya, Maxwell Mwale and Hastings Sililo to recontest their Petauke Central, Malambo and Mulobezi seats respectively.
Mr Changala has stated that it was legally odd that the state would appeal to the Supreme Court against Judge Mulenga’s ruling that the letter from the Judiciary instructing ECZ not to accept nominations from Siliya, Mwale and Sililo was illegal.
Changala told the media that it was confusing that the state could appeal in a case where the Patriotic Front was not party to the court proceedings.
“When Dora, Mwale and Sililo were barred by the ECZ, who commenced the litigation? It was Dora and her colleagues and when they won the case, Wynter Kabimba made a statement that the state was going to appeal. It is confusing because at one moment, they are PF and the other they are government,” Changala said.
He said ECZ was happy with Judge Mulenga’s judgment and had since set the date of nominations wondering why Malila could have accepted to challenge the judgement that the electoral body was pleased about.
“The Attorney General has appealed against the ruling but the question is under whose instructions? Who is the other client from whom Malila has received instructions from?” Changala wondered,
Changala has cautioned that Malila should be careful in the manner he is running the office of the Attorney General.
Aba nabena niba attention seeker sana.
This is attention seeking the man has a valid statement,,, justice in zambia is under attack by PF. Malila and kabimba are supposed to learnt people to show legal direction, but they are showing alot of emotions, biterness, hate and biasnes in the seletive application of law
this is not attention seeking sorry
remember and its on record, Given Lubinda and Fred Mmembe’s lies/ deception on the “Universal Print Group (UPG) and the Stanbic Bank Zambia Limited account number 0140034477502 to be one of the accounts used to pay bribes to ECZ officers.”
If these are not lies then lock up Fred Mmembe and Lubinda for subversion/ treachery and treason, but if true then Sata and PF are enjoying proceeds of crime, contrary to Section 71 of proceeds of crime Act No. 19 of 2010 of the Laws of Zambia. In fact Sata and PF ascendency to power was based on the 90 days lies, deception and the grave allegation against (UPG ), contrary Section 22 and 104
Changala is 100% correct because in what capacity is Mumba Malila involved here? PF should just accept that their self imposed ego is slowly being hit and sooner and I mean it here, they will see many of the MPs they conviced into accepting ministerial positions losing their places in parliament. As for Kabimba, and his minions, they well become a party of jokers.
Double standards, Selective application of the law will lead Zambia into a dangerous unjust society ………must be stopped!!!
The Ministry of Justice is one where Mr Kabimba cannot afford to be partisan already no one knows exactly when he is speaking as minister but from his actions and pronouncements which go against the law the man is willing to twist the laws of Zambia manipulate to suit his party inclinations dragging everybody the man is willing to insult any one who speaks the truth
The current chief justice and her deputy have all let Zambia down just for FEAR OF SATA
VERY SAD READING THESE ACTIONS WILL GO A LONG WAY IN ZAMBIA’S JUDICIAL SYSTEM
TO ALL LAWYERS STOP USING LAW TO MANIPULATE JUSTICE
Dora Siliya and team had sued ECZ to stop ECZ preventing them filling nominations in the three constituencies. Siliya and team won the case in the High Court. In the High Court ECZ was represented by Attorney General, Malila. Malila was instructed by ECZ to defend ECZ in the High Court. ECZ accepted the High Court ruling and announced date for nominations. So the question is who: which govt wing instructed Attorney General to appeal. Clearly ECZ who were defendants in High Court didn’t appeal decision
what valid point does Changala have? NONE……. Does this guy know who the AG represents?
The issue at hand is not between PF and the Dora group, but between govt (the people) and Dora group.
Looking at the grounds of appeal, the AG is on firm ground. remember the High Court ruled in favour of Dora and PF appealed to the Supreme Court and won. This time around, there was no way the High court was going to contradict itself in this matter.
Justice must not be seen only when the opposition wins but it must be seen when it is justly rendered irrespective of which side wins.
The law needs to be clarified and therefore the appeal by the AG is very justified.
Changala naena, we don’t want or need to ask questions. We need actions. Changala, please help arresting Mumba Malila.
I am busy with Kabimba, just because of the past funerals of dignitaries, I tried to keep calm and reflect on acts of these PF, what a bunch of thugs mwatupele.
Iwe…. Changala has a point…….. do not take the country backwards!!
The party and its govt is back. Mumba Malila is a gentleman but these politicians are really messing him up.
Mumba Malila has no balls to stand on his own. This is the reason why Kabimba keeps on telling him to abrogate clearly delivered judgements. Justice is under siege the speed with which we are punching judiciary is not only worrisome and also unjustifiable.
Mumba knows where his bread is buttered.
Changala has raised pertinent questions. Why is the state appealing against a judgement that is in favour of its organ- ECZ in this case? Govt is suposed to be protecting ECZ.
It is a leg appealing against a hand gavment against gavment believe me all these challenges and nosence we are seing are all brought by haleisa winter kabimba is justice ministry bigger than all ministries
Folks, i am a foreigner but i would like to advise that your country is finished. It is strange that a Government is using its lawyers for this case. The government is fighting a political party, but from the common sense persepective, the question that is begging is really in what capacity. And an attorney general worth his salt goes to court for duties his is not really supposed to perform. Anyway, its only in Africa that such things can happen.
It is only in Zambia and Zimbabwe may be
Sad but true Zambia is the most banana of all banana republics.
Joe i do not accept anyone speaking bad of my household issues no matter how bad the situation is. If you claim to be a foreigner, stay out of this and am sure they are enough problems in your country you can speak about.
Point….point…..point that must be noted by the supreme Court. The government appealing against a political party. Ba Malila, wrong job description……… leave the issue to the politicians.
I agree Brebner. The supreme court should look for Locus Standi in the Attorney General and may find that he is devoid of it. Hence, we expect the case to be thrown out. Remember Summer (Winter) tried to be a joinder ….
This CIRCUS Will NEVER END.
Changala is behind things where happening when he was in police cell for drug trafficking, the government was sued and petitioned through Attorney General by Dora,Mwale and Sililo then Kabimba wanted to join as PF which the court refused,Malila has appeal on behalf of the government. Do research before you comment.
You seem not to know what you are talking about. Better shut up.
ECZ is against PF, and PF is trying to fight back in the form of Government.
It does not make sense. If the ECZ was not happy with the judgment they would not have proceeded to immediately announce a nomination date. Clearly, Mumba is acting on instructions from PF and not the ECZ. Yet he should have been representing the ECZ if they had been aggrieved by the High Court Judgment.
Changala may be right but this issue must be dealt with holistically. We do not want bad precedents. Seats for the three were nullified because of malpractices/corruption during campaigns. Nullification in itself showed that the three acted corruptly. What then does the constitution say about this issue? Should the high court write to ECZ or nullification itself is enough to bar the three from re-contesting their seats? Let the courts of clearly explain this in light of what the constitution say.
dora’s sit was nullified among other reasons for character assassination,not neccessarily corruption…read the full judgement before commenting
No! Nullification per se is not enough by itself to bar the three from re-contesting their seats. There is another process that should follow. The presiding justice must place charge(s) against the accused, arising from the evidence giving rise to the judgement. The accused are required to appear before the judge to be heard against the corrupt or illegal practice allegations extracted.
If the presiding judge does not draw charges against the accused, the implication is that that judge has not found any matters requiring criminnal process out of the civil election petition. However, in any hearing that follow civil petition, the judge may still drop the charges upon sucessful defence by the accued. In this case, too, the accused may still legally proceed to recontest the nullified seats
Dora Siliya and team had sued ECZ to stop ECZ preventing them filling nominations in the three constituencies. Siliya and team won the case in the High Court. In the High Court ECZ was represented by Attorney General, Malila. Malila was instructed by ECZ to defend ECZ in the High Court. ECZ accepted the High Court ruling and announced date for nominations. So the question is who: which govt wing instructed Attorney General to appeal. Clearly ECZ who were defendants in High Court didn’t appeal decision
if the defendant is happy with the judgement, why should somebody else appeal? we know wynter kabimba has instructed malila to appeal for fear of PF losing the elections. the thing is, whichever candidates will stand in these bye elections, if these are barred, PF WILL STILL LOSE WITH A LANDSLIDE.
IT’S NOT THE CANDIDATES THAT MATTER NOW, IT’S YOUR STUBBORNNESS MR WYNTER THAT’S CAUSING US TO DECIDE OTHERWISE SIR.
COME 2016, YOU ARE OUT!
With or without Dora Siliya, PF has lost popularity because they are liars. 90 days theory can’t be trusted any more.
Whose interest is Mumba malila representing??? ECZ were satisfied with the outcome and went ahead to announce the date of nominations, but attoney General goes to appeal on whose instructions? This is strange ! but on the other hand, its not but rather foolish because, as far as I know, lets assume, ECZ used the other Law firm to represent them, this issue could have been closed right? because ECZ that was a done deal, but surely for Malila to take it upone himself without the client instructions, that is overstepping his bounderies, and I would urge the Lawyers representing Dora, to first of of all question Malila he is the one who has overstepped the boundary, on whos instructions is he acting? the same goes to Mwenye Musenge , you guys where is your moral and integrity?
Ndobo: for once, I normally do not wish to condemn fellow bloggers, your opening statement is offal. you spoil your image, and reasoning. You agree with Changala but spoil your argument by condemning him as attention seeker? how about branding you as mere mad slider novelty?
Please note that you are too fast to condemn; learn to seek facts before assailing other people. Ndobo is write as that was an omission of one word NOT and that he came back and rectified! Is it really true that if you want hide anything from an African put it in book(in writing)?
AG, who is your client? I have seen Lusaka times you removed the comments by General TZU-SUN who questioned whose interest Malila is representing? If the Cleint ECZ was satisfied with the judgement? You Lusaka times are you also biased and do not wish us to expose the ill motives of the Malila. Why did you remove the comments by Genaral TZU-SUN, I would also Urge the Lawyers for Dora to question the Malila whose interest they Malila is saving?
Malila, one question, who is your client? adding to what General TZU-SUN questioned earlier, whose interest Malila is representing?
if Dora and the other 2 have not been cleared of the corruption charges, surely they should step aside and let other credible people run.the Zambian judiciary is suspect or is it our laws which are flawed?
Vision 2030 and others, do not tire please. Continue to speak. Yours is a just cause. Do not be surprised that you are ignored. Remember the K18bn and DBZ which the Daily Nation consistently brought out but was ignored. People think issues can rot by not talking about them. That is not true. The BA64 is still with us, yet KK and others wished it dead and rotten.
you can only condm malila if the judge had sat with him before pssing judgement. Are you not the same people who told the nation that our judicial system is corrupt? why is judge fillp musonda fearing the open court ?How can the same court that nulified elections today ignore the other part of the law? Does Dora look so upright that she cannot influence the judgement?
In normal societies, a court will accept all appeals whether good or gullible, its a right of an appellant. But in this particular society, when a case goes to the Supreme Court (based on past happenings), its a foregone conclusion who the victor is.
Once more, our Judicial system is being put on the spot. The client (ECZ) and their Lawyer(AG) are literally pulling in different directions. The client is saying “I’m satisfied with the ruling of the HC, case closed”. The Lawyer: “No, you (ECZ) don’t realize that you have just instructed me to proceed with the case to the SC”. An unbelievable irony!
Precisely. ..well put up my brother.
kabimba is the most useless lawyer in this banana republic
Kabimba knows after of reigns he suffer and rot in jail wait and see.
Just as an observation, what is with all these acting justices? Florence is acting deputy chief justice. We also have an acting chief justice. Is this not all designed to make judges beholding to the party in government? The people acting know that they will be dropped if they go against the government. How can they be impartial when they do not have security of tenure? As for our lawyers, they seem to forget about ethics as soon as they get into government. Mumba Malila no longer advises the government. Instead he is just a robot used by government to defend the indefensible. In this case, ECZ should be appealing, but they were happy with judge Mulenga’s judgement. This appeal has PF’s hands all over it!
Am afraid next time they may just plant real stuff in your sisters home, never allow them to touch anything without a warrant and you must check them thoroughly, i dont trust them, they dont like people who speak the truth.
Malila is PF cadre and is likely to please the party that gave him a job. The answer here is simple – Malila has been instructed by PF to appeal to supreme court. Malila knows deep his heart that this is not correct but he is just trying to safeguard his job.
In this context, I don’ t view and consider Mumba Malila to be an Attorney General for this beautiful Republic but an AG for the PF. It’ s no doubt that under the PF administration of Michael Sata, Zambia is in a messy situation and things shall continue from getting bad o worse. Look at what is happening in Zimbabwe. Mugabe himself is the law and people have got no say. Are we going to accept a similar phenomenon here in Zambia ?
Is Changala still selling chalk or the government is no longer buying chalk instead its buying markers , instead of chalk and the man is bitter. Bashi Hope find something to do instead of bwa bwa bwa
Luapula,
Typical of PF, personal attacks intead of tackling isssues. The question is simple WHO instructed Malila. What has chalks got to do with with this question? No wonder Nawakwi resolts to question and multiple answers.
What is being bitter about this? A citizen who pays tax on which malila draws his salary asking justify his action and continue his stay in office.
This gvt is leading us into dangerous territory. Changala is 100% spot on.There should be a difference between gvt and party
Hold on! There are three actors here: ECZ, Judiciary (under PF government) and candidates (from MMD). ECZ wants to conduct free and fair elections. The mandate of ECZ is not at issue here. Judiciary needs to ensure that Rule of Law applies in all circumstances, including holding all election candidates accountable in a fair and transparent manner. Lastly, MMD wants its candidates to win elections in order to form next government. The desire to win is also not at issue. The ideal situation is that unless the evidence is overwhelming, ECZ must not quarrel with Judiciary for highlighting an omission by ECZ. Similarly, Judiciary is not cheat. The MMD candidates were found with corruption cases. MMD would do better to search for new candidates in order to distance itself from corruption
@ Dr Makasa. There are only 2 actors and not 3 as you claim. The Judiciary isn’t an ‘actor’ nor an ‘interested’ party, rather its neutral(supposedly).
The question to ponder, who is the ‘complainant’ and who is the ‘defendant’. In my view MMD candidates are the complainant and ECZ is the defendant and the Attorney General is the lawyer of the latter.
Now the AG’s client(ECZ) has recognized the High court ruling resulting in them setting the nomination day, but the AG (acting on behalf of who?) has appealed to the supreme court. That’s where the bone of contention is. Who is the ‘new’ client of the AG since the ‘old’ client ECZ recognized the High court judgement?
Justice is for everyone whether the state or individuals. When the individuals where not happy with the interpretation of the law, they asked the courts to do so but the state is not happy and they should also be allowed to go to higher courts. it is called justice. The AG is on firm ground to appeal because the government is interested in the outcome of the case. Mr Changala, take heart and wait for the judgement.
The PF as a party should be billed and taxed for abusing the services of the Attorney General’s office. It is morally wrong for the government to drag the ECZ to court a wing of government they are supposed to be protecting. The AG has overstepped his boundary and is now serving the interests of the PF party rather than government. This case should have been brought to court by the PF not government.
Lets set records straight so that such things do not happen again. If Dora has today become an Angel when yesterday she was busy selling Zamtel and trying to privatise schools , including in electral malpractise during elections , then , we need such issues sorted out now!. If Changala himself is supporting corrupt people , then, he is corrupt also. It seems most of the bloggers here are comfortable with the ‘nichekeleko’ corrupt which MMD propelled. We are never short of upright people who can stand in Petauke Central or Malambo , let MMD and UPND find other upright people to stand and not those who are famous because they distributed sugar and bykes . Lets fight corruption now for a better tomorrow!
Do you know that this govt has already sold 26% of the 51% the MMD govt left for Zambians in ZANACO without even telling us? GRZ received dividends for 25% shareholding last month, meaning that 26% shareholding no longer belongs to the people of Zambia.
Do you know that what the MMD (or Dora as you claim) did in the sale of Zamtel is nothing compared to the way contracts under this regime are being awarded?
Do you know that of the USD2.6 Billion the MMD govt left in our strategic reserve account, close to USD300 Million was blown up between 23 Sep – 31 Dec 2011 in unexplained circumstances?
The issue here is that the AG Mumba Malila was representing ECZ. ECZ has accepted the High Court ruling and has gone ahead fixing a nomination date. On the other hand, Kabimba said PF would appeal against the HC ruling. And suddenly the AG who was representing ECZ which has accepted the ruling now joins Kabimba and says he (AG) is appealing against the HC ruling.
The question is, “Who is the AG Mumba Malila representing? Is it ECZ which has accepted the HC ruling or Kabimba’s PF which dreads the candidature of the trio?”