Wednesday, April 24, 2024

State counters Chiluba

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Zambia FlagThe state has submitted that the arguments raised by lawyers representing former President, Frederick Chiluba not to register the London High Court judgement are misconcieved and misleading.

The state submitted that all laws in Zambia which include statutory instruments are judiciary noticed and that it is not for the State to show that a statutory instrument was passed.

This was during a continued hearing of a preliminary motion raised by Dr. Chiluba’s lawyers before Lusaka High Court Judge, Japhet Banda challenging the registration of the London High Court Judgment in Zambia.

The state has since asked Judge, Banda to dismiss with costs the motion of the preliminary issue.

But Dr. Chiluba’s lawyers argued that to accept what is being proposed will open up to any commonwealth country to come and register judgements.

He has asked the court that the preliminary issue be upheld and the order of registering the May 4 judgement be set aside with costs.

Lawyer John Sangwa said the state has not complied with part two of the foreign judgment reciprocal act that requires a presidential statutory order before attempting to register a foreign judgment in Zambia.

Judge Banda has reserved ruling to August 10.

ZNBC

62 COMMENTS

  1. Mwaice Easy tawacumfwikisha, ruling reserved for August 10.Nayikosa bola iyi,state is dazzed with part 2 of the reciprocal treaty which if it was ignore entirely will lead to that judgement being null and void.wafwa mayo

  2. I really waited for this one to see what the state will say and I must say disappointing. I expected a detailed explanation to match what Chiluba’s lawyers put forward than this simple explanation which sounds like an answer you would give to shut up a four year old kid who is asking too many questions. Anyway, lets see what the judge says on the 10th.

  3. Ba wamuyaya (7),
    1-you should consider to become a man

    2-You should learn and understand politics beyond the 10.
    Then comeback and start blogging.That statement from Levy has no inference of isolationism but Genuine challenge to foster relations of mutual respect and benefits. Levy is saying compete for what we have leaving us with the decision and tangible benefits in return as a people of Zambia. Now Open your eyes and see trends of relations growing from strength to strength.

  4. who is running this blog.is it bajoze and his clones abena kuku,easy and name the whole bunch.i usually dont use this language but only in extremes.sometimes when i read comments by abena kuku and baJoze,i wonder whether the guys are serious or not.cos to them even common sense is very uncommon.but then in the end i just make a conclusion to say if atleast there were no ba jozes kukus in zed,Zambia will be very developed.
    just want everyone on the blog to contribute objectively otherwise we will render this blog useless.
    Chiluba(if that is his real name) stole millions of dollars from the zambian people.and u guyz want to stand up with yo small tuntembaz saying,he never stole.

  5. Here is a narrative from the Honourable Marcus Garvey for the Zambians to think on. “The present day Negro or ‘coloured’ intellectual is no less a liar and a cunning thief than his illustrious teacher. He is lazy, dull and uncreative; his purpose is to deceive the less fortunate of his race and by his wiles ride easily into position and wealth at their expense.

    “The race needs men of vision and ability, men of character and, above all, men of honesty and that is so hard to find.” End of Quote

    Does this Sound familiar to you about these Stupid Chiluba and his cronies and the generation of African leaders

    We have to change the course if we have to deliver ourseves blokes

  6. The judgement in court on the 10th will leave alot of stones turned and it will say much on whether it was really necessary to go to the brits to settle down our local financial misappropriation. Look at the 700 billion kwacha idling now in commercial banks and say 1 or 2 words. Do we have really purpose or masterplan for our resources?? So let august pass quickly so that we can ponmder on other developmental issues. The chiluba story is now becoming sickening and its not even meaningful to talk about it. Damn!@!!!!!!

  7. Kayata, you can as well add to that and suite yourself. Every society have the greedy and the needy, We seem to be blessed with the stupid, greedy ones. We just need to find those few good ones.

  8. Sangwa and Simeza, job well done. At least you can still get some steak from a dying horse. Keep it up. We need such lawyers who can defend their clients. The only problem is, you guys are subtracting dollars from the US$57m for your job. FTJ greet VJ for me. Tell him there is Lusaka Times where there are bloggers. You can as well blog if you like. It’s free blogging, no registration needed. Stay well.

  9. This is the simple explaination the state needed, it was so easy to predict even from a layman’s point of view.
    FTJ my man, please sue sangwa/simeza for wrong advice, you could at least have defended yourself in london.I doubt if you will make money off HH. Anyway, a desperate thief usually has few options. viva zambia

  10. The state submitted that all laws in Zambia which include statutory instruments are judiciary noticed and that it is not for the State to show that a statutory instrument was passed.

    The state has spoken, and Sangwa and Simeza can only challenge that on constitutional basis. This case is Civil

  11. MR. Veteran;(7) in the court of law, EVIDENCE counts, not who the current president is or what the people of zambia want.

  12. Mr FK#8 you sound naive, how can these simple men contribute to the non development of a nation? If you have nothing to write cover yourself under your smelly blanckets if at all you have one.Its indeed disgusting to see a grown up writing such crap.Grow up mate , Damn you!Start contributing so that we see what size your BALLs are

  13. #12 You are looking for those good ones? Count yourself to be one and let it manifest from the peoples reaction okey!! I dont think todays politics got time to look for the good ones. Time and again I have stressed this, todays leadership can even get junks and army surgents to rule high offices of zambia including formmer housewives of top ranking expired officials who get sick time and again for age closing up I suppose!! Zambia must have a systematic approach towards leadership and enhance texcellent leadership. But as you have observed like many who can see what cant be seen, it gets to irk on our medula oblangataz to realise that politics is now a business reserved for those who have enough muscle to cont themselves rich in zambian economical conditions.Besides, policy formulation is useless without implementation.So we need to move as a state systematically and with less entropy.

  14. K.I.S.S = Keep It Simple Silly! (strategy used by great companies to inact their visions)

    This is what the state is doing and it is a good approach so the Zambian people can follow the whole story…FTJ’s side is complicating the law in the hope of buying time. If you’re guilty, even as a kid, you say alot of stuff just to confuse the listener.

    ——–

    Why does Sata look like that on the face?

  15. #19, what do you mean by saying why does sata look like that on the face. We already talked about his facial melanin content and you fell to exactly describe that? Ask Dr HK for a good medical answer then!!

  16. #19-Elyo iwe boyi uchinjeko ishina, this is just a good advice to you so that we can have to address you without including jehova that u use for your name, cmon guys lets move!!!

  17. AG Mumba Malila has said Chiluba, Kabwe and Chungu’s lawyers were dreadfully wrong to argue as they did. He said the term her Britannic Majesty’s dominion referred to the United Kingdom and the rest of the Commonwealth countries.Malila said section nine of the foreign judgment Reciprocal Act chapter 76 of the Laws of Zambia therefore empowered the President to order the application of part two of the Act to the United Kingdom and other Commonwealth countries being her Britannic Majesty’s dominion.He accused the defence counsel of having misled the court in their submissions.He prayed that the court dismisses the preliminary issues with costs.

  18. CHILUBA RAN A CORRUPT GOVT, SAYS NZIMANDE
    From the post newspapers

    CHILUBA ran a deadly corrupt government, South African Communist Party (SACP) general secretary Dr Blade Nzimande has said. In his 11th SACP political report to the ongoing 12th congress, Nzimande stated that some trade union movements in the region were being used to roll back the gains of independence.”The Chiluba experience in Zambia is often held up as the paradigm case. Here the trade union movement was used as a mass base to defeat President Kaunda, but subsequently the Chiluba government pursued a heavy neo-liberal agenda and ran a deadly corrupt administration,” Nzimande said.”Of course the Chiluba government experience represents one of the worst potential trajectory of a trade union movement being used as a mass base for political engagement post-independence. It certainly shows that a trade union movement can be hijacked towards an anti-working class agenda and used for narrow electoralist objectives to satisfy the personal ambitions of some of its former leaders, rolling back the gains made after independence.”He also said there was a rapid decline of progressive and vibrant mass movements in the southern African region after independence. Nzimande also said that another danger in the region was the wealthy in society who benefited from economic structural adjustment programmes at the expense of workers and the poor.
    “This has seen the consolidation of a bureaucratic bourgeoisie controlling the levers of the state and the meagre economic resources in these countries,” he said. Nzimande said many southern African governments could not resist the structural adjustment programmes as there was no mobilised mass force on the ground to defend gains made immediately after independence. He stated that the SACP’s main objective in international relations was to contribute towards building a left socialist movement and solidarity network in southern Africa, Africa and the developing world.”The aim of such a movement should immediately be to fight neo-liberalism, US unilateralism, promote world peace and advance the struggle for building developmental states with and for workers and the poor as a platform to build a momentum towards and capacity for socialism,” Nzimande said. Nzimande also spoke of how South Africa’s working class was still divided along racial lines. He said the African sections in the country were not moving in required numbers into skilled jobs. Nzimande said a large section of them were working in the most exploited and marginalised sectors such as domestic work and farming. He said women constituted the most marginalised. “Hence there is the reality of increasing feminisation and poverty and capitalist exploitation globally and domestically. Building of working class power entails us to pay particular attention to the organisation of women workers,” Nzimande said. He also proposed that the ‘South African Road to Socialism’ be adopted by the conference.”Firstly, it is important for us as communists in the midst of the struggles to deepen, consolidate and advance the national democratic revolution, that we never for once lose sight of our goal to achieve a socialist South Africa. In fact, as we say in our draft programme, the very consolidation of the National Democratic Revolution NDR requires some socialist measures in the here and now,” Nzimande said. “The South Africa Road to socialism must serve as a yardstick against which we assess whether the SACP and broader working class struggles are indeed taking us closer to a transition to socialism.Third, our programme should act as a guide in our current struggles, to ensure that we do indeed deepen and advance a working class and socialist-oriented national democratic revolution, as the only guarantee to secure a transition to socialism in our country.” And the report stated that the promise of neo-liberal economic policies to deliver a better life for the majority of workers and the poor in the world was failing to materialise.”The world is currently under the firm grip of a US-led, increasingly militaristic imperialism. The US National Security Strategy boldly and stridently calls for a world shaped in the image of the United States,” Nzimande said.”However, the very same US National Security Strategy betrays a deep-seated fear of possibilities of emergence of alternatives and a challenge to the currently US-led imperialism.”

  19. Levy accuses striking miners of blackmail against management. (The post)What kind of the president do we have? There is something terrible wrong with chuchu.No wonder these foreigner investors do not take the labour laws seriously. The head of state taking sides.What a shame. When the mining disaster happened in CB our president never said anything against the management for a long time till when pipo got annoyed. What does it show mr chuchu failing to visit your own children? Uncaring and biased against miners. Copper is doing well on the market.All they are asking for is a decent pay and conditions of service. Stop being the spokesman of the management. Maybe Chuchu is a beneficially of the profits from the mines. Chuchu please behave as the head of state and bring shame to the nation.full stop.aaaaaaaaaaaah ilwele forgive him before six oclock he has to look for something to bring shame to the nation.

  20. Levy accuses striking miners of blackmail against management. (The post)What kind of the president do we have? There is something terrible wrong with chuchu.No wonder these foreigner investors do not take the labour laws seriously. The head of state taking sides.What a shame. When the mining disaster happened in CB our president never said anything against the management for a long time till when pipo got annoyed. What does it show mr chuchu failing to visit your own children? Uncaring and biased against miners. Copper is doing well on the market.All they are asking for is a decent pay and conditions of service. Stop being the spokesman of the management. Maybe Chuchu is a beneficially of the profits from the mines. Chuchu please behave as the head of state and don’t bring shame to the nation.full stop.aaaaaaaaaaaah ilwele forgive him before six oclock he has to look for something to bring shame to the great nation.

  21. The Judiciary shall and will remain independent. Not at any point shall political power intervene in court decisions. So is the care of the our man his fete lies in the hands and mercy of the Zambian courts. Our shortie he can appeal to the highest court and in case he is not satified with the judgement. The evidence is overhelming I dont see any reason why the case should drag so long costing the nation alot of man at the expense of nation development. I was taking statistics at which inform do Zambians spend more of their time discussing. It has reviewed that Chiluba ´s case has consumed most of the space and time on the media. Come 10th August 2007 we an end should be seen so that Zambians can invest their energy some where else.

  22. Easy! Where are you? Did Ba Joze send you the book of RUFQUA? Ba Joze! In my side of the country people are thirst to burn the bushes. You can imagine this is July, but all the bushes around have been burnt to ashes. In your next meeting with the Cobra and Masebo, please table it so that those who be found doing such a thing should be fined. My country is slowly turning into desert.

  23. #9 HK. This narrative describes the African character so accurately. Take Zambia for instance. The proliferation of lawyers and law firms in Zambia, at the expense of technicians and craftsmen, is frightening. The Zambian intellectual has disovered that he can earn money by just talking, not doing (as an engineer or craftsman has to). What better way to earn money by just issuing hot air than be a lawyer? This way you can impress the lesser informed ‘negroes’ in your midst and pick their pockets at the same time without any shame or guilt on your part! I hate to think how much money lawyers have earned from the Chiluba case. The sad fact is that the long suffering people of Zed will get nothing in the end. The charade that has been ‘the fight against corruption’ is just a smoke screen to hoodwink the people of Zambia and foreign donnors. A case that takes more than six years is not a case – it’s a farse. Another farse is Bulaya’s case. Is he not out on bail after all that comic farse?

  24. #27 GLUCO Iam here, Burning the bushes is part of ancenstrol rituals so dont worry it will make you go hunting easily. I dont read the Rufqua book its for ba Joze and co. AM. No my concern is over the CC. Gluco has uthought deeply on this issue or it just a mere media show. No it must answer the following questions? Who takes part in the conference, and what is the timetable? not those corrpted stricken legal person who are interested in opening their mouths and make easy man without sense of guilty and shame! Where do the main disagreements lie and why specially who is going to take the top job? Obvious Kalumba is out.What specific arguments are likely in the roadmap? What else is in the draft constitution conference Bill? It must contains everything from old constitution vision on how Zambians should leave. What about the “f” “G” and “N” word? Will they be included or avoided. Feredalism, Gender and Neglection.How will CCB change my life? Who does not like it? Why do Zambia need a C

  25. #28 GLUCO Where Good Legal advocates go Bad: Dealing with Difficult People.Difficult people are everywhere in the practice of law. Whether it’s opposing counsel, an overbearing judge, clients or even your colleagues, these chronically frustrating people waste your time, cost you money and make your life miserable.

  26. Chitapankwa, the criminal case has taken 6 years because the guy pretends to be ill each time he has to appear. He is responsible for 80% of the delay, and what do you expect?
    ‘Zambia wont get anything at the end’, well, nothing can be more wrong than this statement. Firstly zambia has already benefited morally, people now appreciate that thieves have to account for their acts. Secondly unless you think FTJ wont pay a single Ngwee out of the $57M. He has to pay something atleast and he will….
    Reading through your posting #28, one can easily notice your hollow attempt to exonerate FTJ from his crimes and an attempt to blame the system instead…

  27. Hey ba Chitapankwa, the civil case took less than a year because it was bought by the british guys using UK pounds, you dont call that justice, do you? You pay ‘state witnesses’ air tickets, lodge them in a five star Hotel to testify in London and you pay for the Judge’s two week stay @ Intercontinental Lusaka just to collect a $ 2 million dollar liability which you then up to 57 or is it 59 $ million because of ‘fiduciary responsibility’. Thats a sham!!!

    Back to the criminal case, this is a man who attended 80% of his court hearings until his heart started felling him, records are there to show. In any case, if Mutembo Nchito & Levy think they had good case aganist FTJ why did they drop the initial cases, those 101 criminal acts FTJ committed whilst in office as Levy told Parliament when stripping FTJ’s immunity?

  28. The Mutembo’s and Levy are now chasing after $ 48,000 from a guy who was in plot 1 for 10 years, c’mon guys!!!! You have failed to win any ‘proper case’ aganist this guy or his friends because this whole thing is shameful.Apart from Richard Sakala, any of FTJ’s co-accussed has beenn found guilty of any of those allegations, anyway, the London Judgement is not anything worthy talkin about anyway, especailly if it was delivered by one discredited judge in the UK who answers to the name, Peter Smith.

  29. HK you’re a medic, but can’t really tell whether you’re from Ridges'(Ridgeway) or an FTF(foreign trained fellow – from either Russia, Rumania, Cuba etc), though the impression you make, very much fits the latter – your powers of deduction & lines of argument exclude you from the former, unless things have really gone to the d..gs, which I very much doubt, as a member of the alumni, am obliged to defend the pride of Ridges’.

    Getting back to the thread – It is quite disappointing for the AG to come back, without facts/ evidence in favour of his argument & still insist that he is right, by using nebulous words, unfortunately won’t hold. Dominion, means sovereign control – Canada(or Australia) is a good example, where the Queen is head of state, though has its sovereignity; to equate this to Zambia is a fallacy – we are not a dominion, we are independent & have a head of state, & are commonwealth, but not Dominion! UK is not part of the dominion, the dominion proceeds from it! cont…

  30. ..cont: Yes @ independence we did adopt alot of laws from the UK – but only up to that point – not after that, things have to be scrutinised before adoption from then on, hence the need for the Statutory Instrument(SI). He has actually submitted that, before independence powers to extend part II were exercised by the govenor – who no longer exists(does in Canada),
    the president who hasn’t signed the SI- so we are really left hanging in the wind – it falls back to Judge Japhet Banda to make a determination – over something that lies in the realms of the AG to interpret!! Sangwa has rightly corrected him, that if it only applied to foreign countries & not Commonwealth, we might then just wake up tomorrow & find that LPM has applied Zimbabwe’s latest acts/ statutes forcing all businessmen to reduce prices!! AG can you please save us further embarrassment, do the right thing of which there are 2, 1st – interpret rightly, or 2nd RESIGN!!!!

  31. Hear! hear! hear!
    We have said on this forum before Chuchu should stop wasting time on FTJ! I have said that this pursuit is nonsensical and inconsequential only meant to line up the pockets of Chuchu boys (lawyers!)

  32. Mosquito nets used for fishing in Luapula Province. I wait to hear what Laura will say after this very interesting. Fishermen using mosquito nets for fishing. MCCI what are doing about this? How can this happen? 36# bauze why cant you wait for the final judgement of this FTJ and his leutenants. We are tired of him on the news. We want to start hearing from other like Miyanda and cycling from Makeni to City center one way of reducing air pollution. I wonder if many Zambians are aware of the cars they are buying from Japan their puff are causing cancer.

  33. Former Forum for Democracy and Development (FDD) Chairperson, Sachika Sachi, has advised the Zambia Centre for Interparty Dialogue (ZCID) to devote time in resolving political party problems other than the constitution. And Mr. Sachi says Zambia attributed the failure by the country to have a good constitution to politicking by all governments in power. Speaking at the Inter Religious for Peace and Conflict Resolution Seminar, Mr. Sachi said that the ZCID should leave the matter to a body to be constituted that will have a broad based representation. He said ZCID should address issues such as political party access to public media , corruption , election malpractice and failure by the Anti – Corruption Commission to deal with corrupt practises which would bring about sanity to democracy . He expressed fear that the country would go to the next general election with the same old constitution if it takes the root it has taken. He said the Zambian. What if the pipo want it that way.

  34. #37, Certainly Sangwa/simeza smile all their way to the bank as the source sinks. Its redistribution of the money into the economy, yah after all FTJ merely wanted to stash it abroad.

  35. Bauze,# 35 & 36, these lawywers depend so much on the words. The legal meaning of the word matters not the ordinary meaning of the word. The word/s which the judge will have to interplete is “Her Majesty’s Brittanic Dominion” and not the meaning “dominion”. i.e whether the words “Her Majesty’s Brittanic Dominion” includes Britain itself or not. It is a very contentious issue which can go either way.

    But whatever the case, the main issue still remains whether or not a British judgment can be registered in Zambia not whether or not the British judgment (Judge Smith’s judgment) is null and void. The only courts who can declare Judge Smith’s judgment null and void are the Court of Appeal and the House of Lords in Britain. Some of the people (like Kabwe & Chungu)in FJT’s case have in fact appealed to the Court of Appeal in Britain to have Judge Smith’s judgment declared null and void.

  36. #41, darling M Daka, that’s strange. How would FTJ and co go on and appeal to the court they dont recognise? We are now in the time which the book of RUFQUA can refer as “to fix or to be fixed”, of course their appeal is just a waste of time. Let those guys organise their artillary in Zed. By the the way Mme Daka, where are these guys Jude(bring her back), Zababa, Born rich, Nono?

  37. # 41, Ba Joze, Mulishani. You see dear, I did not say that FJT should go and appeal in Britain. What I said was that only a British higher court can nullify Judge Smith’s judgment hence the reason for Kabwe and Chungu’s appeal to the Court of Appeals right there in Britain.

  38. no #17 whattever u call yoself,please can u have respect for elders.they didnt teach u to respect elders in primary.for your own information i can get u killed within the next 24hrs.do u even read what i write for u to talk like that?or u are one of those the i dont care type?its u to know wats up and ceck yo smelley balls nigga.with peolple like u we cant develope.any word from u am sorry u will be dead ma ****.if thats that what u needed.thats why when we were going to mpelembe sch on scholarship bafikala u were waiting for yo grand farthers to do magic.no #17 u will not live till the end of this year i promise.

  39. #44 Ba FK, you may be educated to the bone, but unfortunately, you’re uncivilised. Please, please mind your language, have some life and go get yourself a job. Do not reply.

  40. #44 shame on you, you’re threatening to kill your friend, kill him with what? You’re on TB drugs and you can hardly kill a cocroach. Stop ukasabaila.

  41. #44 FK, ulimulwele wamutima. You just come from nowhere like spiked humor and start ukulasata (talking from memory recall). See Dr HK to work on your grey matter. Dr HK here is a client FK. I can’t believe that Mpelembe could produce such imbecile like FK…Stop looking at other pipo’s wallets just work hard and make your own money. “DON’T WORRY BE HAPPY” and now go take a shower, you have skipped for 5 days.

  42. M.Daka, the law you’re referring to was written in the english language, & thus can only be interpreted in that language – the interpretation applied, is which context the word/s are used – law is written in such away as to encompass the multitude of eventualities or the various intepretations that may be alluded to – so words are very carefully chosen to contruct legal language as to avoid nebulous intepretations, thus these words don’t take on a new meaning, the meaning remains much the same, for words that may have two different meanings, the law goes onto specify which meaning is alluded to. Zambia as such, whatever meaning you may try to twist, is not considered as part of the Brittanic dominion. British immigration for example, excludes Zambia from the dominion – so who ever in Zambia will intepret this as such, will be just showing their ignorance as the Brits don’t see us in that light, otherwise many zambians wouldn’t be struggling with British Naturalisation!!

  43. # 50 what I said at # 41 is that the point at hand is not simply the definition or interpretation of the word “Dominion” in the ordinary English Language as you seem to argue. You will agree with me that an average ordinary English dictionary defines “Dominion” as a territory, with one ruler or government or authority. And it is quite obvious that Britain and Zambia do not have one ruler. It is not as simple as that. The issue I raised which you have not addressed is the meaning of the phrase “Her Majesty’s Dominion” or “Her Majesty’s Brittanic Dominion”. This phrase is not found in the ordinary English Language Dictionary. The meaning may be found in the dictionaries the lawyers use or in an Act of parliament. That phrase may or may not mean the Commonwealth of Nations, which includes Britain, headed by the Queen.

  44. #44 Yr suffering from KALYONDELYONDO that has already killed ur soul and no amount advice/talk will resuscitating or cure ur soul. MAY SOUL IN EXTERNAL PEACE.

  45. Bauze, I have read many of your comments. Although I, as a person capale of making mistakes, do not agree with all of your comments, I like the mature manner in which you debate issues. Zambia needs thinkers like you.

  46. #55M.Daka, am humbled & very much extend the same compliment to yourself. Debate is very healthy for our country today, we have been brought up in a paternalistic society & always counselled to respect the elders/leaders & take their word for it – but reality is that, such upbringing gives rise to the state of politics & just about the way things are run/done in zambia. It’s not that people are fearful, its that, this has been bred in them to just feel very uncomfortable to speak out against their leaders/elected representatives, people feel marginalised by stepping out, it is much more comfortable to go with the flow, especially for the most vulnerable in society, the poor, the least educated, etc etc, becoz for them, to appear in support, could just earn another days bread!

  47. m.daka(51),the overly intellectual consideration of definitions reminds me of Bill Clinton (a professor at law).The arguement baulked at the definition of the word “is” !!! The simple point that will inadvertently be “lost in translation” is that these guys stole/misappropriated state funds.the question is which judicial system will mete out the appropriate punishment?FTJ is already discredited and a future of Morningside Clinic,a plush Kabulonga house,no passport and a bunch of useless children is no future at all.He is destined to die a very unhappy man……not quite the fairy tale ending he had hoped for.Personally,i would rather be as i am, rather than the fallen hero he is!!

  48. AG should have known long before what the implications of using the British court were going to be for this case. He probably should have tried the reverse – take the defendants in the Zambian court in this civil suit and after judgment ask British courts to register it for enforcement on so called British based defendants and “properties”. If indeed reciprocity or mere “judiciary- noticing” were the case, then British courts should have agreed to register the outcome of the Zambian courts based on the same premise. But I guess the AG feared that the British courts would never allow that since they respect their judiciary and sovereignty. Hence he opted to disgrace (arguable) the Zambian judiciary, of course knowing that it would be easy for him to gunner enough support (political and media) locally to force it even when it may be ultravires to the Zambian law. This is what we expect if we are driven by emotions and subjectivity in handling such issues. From the discussions on this blog, it appears if this judgment will be “forced” for registration, then individuals can be sued in any commonwealth country and have such judgments registered in Zed. The prosecution needs to grow up and not appear to be wasting our time. I think they have failed to argue satisfactorily on this issue even after giving them time to research. No wonder he cried of having been “ambushed”, he simply had no clue.

    I am told the private tabloid is struggling to restrain itself from the usual prejudicial and “lumpenizing” (can be contended) reporting, as the defence lawyers have compiled everything they have written and it’s in court. Probably it will explain the relationship between a “high flying prosecutor” and one editor. Lately the ‘cut and paste’ stories have dwindled a little bit and all we get is the likes of “on the beat” in the daily as headlines. May be these guys want to do their part in destroying our celebrated “good” case as Zedians Vs FTJ. We need the $2m civil case to be concluded in our favor especially that our good judge ‘Bwana’ Smith pitied us so much that he gradually increased the amount to a whooping $56m ++. After August 10 we may have all the medication in hospitals so Zedians can stop dying of preventables, schools can start distributing books and pens to pupils, roads can be done, etc. Look forward to a promise of pre-‘70’2 good life once experienced by Zedians after August this year. Thanks to the London Court!

  49. #58 so what is your conclusion?You seem to have two sides of a coin,on one hand you are supporting Sangwa’s point of argument in the same breath you are in favour of Smith’s judgement?So where do you belong?

  50. Kuku, the bottom line is if there is any money to come back, let it come back without jeopardising zambia’s sovereignty and diginity if there is any at all at this point. Sangwa’s arguments make much more legal and common sense than the ‘learned’ AG.

  51. The government put the cart before the horse! Now they are in trouble.

    In non-legal lingo, the AG should have tried the cases in Zambia (which has a fully functional court system) and upon getting a guilty verdict apply to register it in the countries they allege Chiluba and crew laundered the stolen “Zambian” funds. Not the other way around.

    For heaven’s sake, Blair even cheered the proceedings and verdict while fugitives like Shansonga in his country!!!

  52. I think the former prez Mr Chiluba should bring back honor to his name rather than go about as if he did not commit any crime, the fact remains that you stole Mr Chuliba and your name has been dihonored, disgraced and humiliated even if it happens that he come out of this situation clean history will jugde him hasrly and his name will always be synonymous with thief. The only way out of this is to stop all this nonsense, be a man and apologise to the nation just come out clean why persist on a matter that most of us know you are guilty of, bring back honor to your name and as a man who belive himself to be a christian just come clean. It is all so painfull to keep seeing you claim inosense when so many live that could have been saved or better have not had that chance just because you got greedy. It is all so disappoiting frustrating and a complete disregard of the people of Zambia to keep playing this game Mr Chiluba remember God is there and he will reveal all in time.

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