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Sunday, May 22, 2022

Bail applications frustrate Nkole

Headlines Bail applications frustrate Nkole

nkoleThe Executive Chairman of the Taskforce on Corruption is sad that convicted people are not staying in prison but quickly applying for bail which is granted pending appeal.

Maxwell Nkole has appealed to the National Constitutional Conference NCC to put into law which will ensure convicted persons process their appeals while behind bars.

He said it frustrating that some convicted individuals quickly apply for bail to avoid going to prison.

Meanwhile Mr. Nkole has commended his staff for securing conviction in high profile cases in the past few weeks.

The magistrate court has convicted high profile persons among them, former military chiefs, for corruption and abuse of office.

Mr. Nkole said in a statement to ZNBC that the convictions are fruits of hard work.
[ZNBC]

69 COMMENTS

    • Exactly !! It is a legal right to apply for bail!! This Nkole has no idea when it comes to judicial matters. Just being contradictory. What a shame.

    • Chiluba is already processing his bail. The nigger may never spend a day in jail, even when convicted!!!!!!!!!!!!!!!!!!!!!!!

    • Anyone chipping about Nkole has a thinly disguised vitriol regarding the attire and the are as predictable as itedious. The topic at hand is rasing a rather interesting perspective on what Nkole thinks and a lot mentally stranded have steadfastly chipped about his attire.
      Yes the attire is not everyone’s cup of tea, but having 50% of the posts resorting to his attire is as disgraceful as LT allowing to let that go on.His dressing, yes may have raised people’s eyebrows but somewhat you ve petulantly and half-hearted resorted to publishing your limited IQ on it.
      Nkole probably has one eye on the Chiluba ouctome, and would rather see the man jailed that see the same pattern like his…

    • Nkole is saying the truth. These corrupt people who obtained large sums of tax payers’ money find it prudent to steal even more because they are rest assured that in no time they will be out on bail. ITS JUST ONE VICIOUS CYCLE. LET THE CONVICTED PERSONS SERVE THEIR JAIL TERMS!!!

    • Zed Constitutional stated the said rights for anyone zedian sent to prison to have the rights of appeal against the sentence and granted bail pending appeal **==

    • Nkole is CORRECT such services should be extended to every criminal. Imagine a robber kills your wife and is sentenced to 15 jail, immediatly the robber is granted bail the second day. Then you meet in shoprite on a queue. Guess what that chap can say or do to you. Next time people will fear reporting criminals. The issue with bloggers look at the face of someone or is it region, is it tribe, is it church, is it history…. Nkole is VERY VERY TRUE.

    • Bail for murder? There are certain offenses where Bail is out of question! And Murder is surely one of them. Let us revise. It really depends on how heavy the offense is.

    • These cases are more than murder, they are mass murder. The time in history is when UTH doctors were fired several patients died although not reported by THE MEDIA. Its also also a time for wage free when an arrogant Minister of Finance announced that the salaries for civil servants will be K0.00billion.

    • The gravity of the corruption cases involving team FTJ should not be granted bail at all. Although it is judicial procedure to initiate such cases through magistrate courts, these should have gone straight to high court for a tougher and worthy punishment. Whats the maximum sentence can magistrate courts pass/excute? I would not be surprised if team FTJ gets 5yrs with hard labour? Yes some cases are bailable and others are not….and those high profile cases involving team FTJ should not qualify for bail. Many Zambians died unnecessarily when these people were enjoying at our expense.

    • Actually a former president like FTJ can be offered bail due to THEIR dedicated service to mother Zambia. You will find it awkward but their lays a country’s Pride!! Jailing a former president may not be good light outside. It is important that the case goes to the courts but inflicting the purnbschment is another thing. You will be surprised to find that FTJ comes out victorious. He is a former head of state regarded as a representative for the whole country and he will not be brought down to shambles unnecessarily.Especially if the public cry is not a loud one. RB is busy confusing the Public and so the interest for FTJ’s Case diminishes. Tactics !Wake up Country men and women.Money…

  1. Fellow bloggers, first read before you open your mouths. He is right. The convicts should process their appeal while in behind the bars. Its their right yes but the way its granted is very frustrating. MAKE IT ECONOMIC SABOTAGE AND UNBAILABLE, LIFE IMPRISONEMENT. Thats when we will progress. But RB IS CURRENTLY BEHAVING LIKE THEM WHAT DO YOU EXPECT.

    • Yes tabachisoma before they typed. He’s absolutely right. Whats the point of commiting crime, get convicted and quickly secure yourself bail, is that normal? Perhaps, house arrest is okay but not bail. They will just escape and no one will ever find them. Bane, naine nkeba knowing that I will survive through bail.

    • i AGREE WITH YOU. THESE CONVICTEES SHOULD SERVE THEIR JAIL TERMS . ITS TOTAL BULL S**T TO SEND SOMEONE TO JAIL AND THE NEXT DAY ARE BACK ON THE STREETS.
      LOOK AT WHAT FTJ KAFUPI SAID ABOUT HIS ‘STOLEN’ WIFE – REGINA MWANZA – ITS A PASSING PHASE. VERY TRUE SHE IS OUT ALREADY AND DRESSING FLAMBOYANTLY AT FUNERALS!!!

    • Nkole is misleading us, bail pending appeal is processed while the defendant behind bars, he is then taken to court for the bail hearing, only if the court gives the bail does the accused ragain his freedom. this right is enshrined under the constitution of every country in the world. we must not be misled to do the wrong things because nkole is at the task force. nkole cannot be more clever than all the lawyers and law experts in the world that came up with this. it is because of pipo like him that we have a lot of human rights abuses at the hands of the police, eg, being locked up for owing money, when this is purely a civil case, shame on nkole.

  2. Ba Nkole you might need that bail yourself. Remember Sata and Chiluba made a law that no bail when you are accused of stealing a car. What happened, ba Sata found himself in jail when he needed bail.

  3. Mr Nkole is right, there is nothing more frustrating than seeing a convicted, corrupt criminal shamelessly flounting their ill-gotten wealth in churches, manda-hill or wherever when the poor people these criminals stole from are in hospitals, orphanages or worse still six-feet below ku chingwere..!! Lets not focus on these mindless criminals and keep the real victims in mind.

  4. Maxwell Nkole what are you talking about? You want to be infringing on people,s rights.I still dont understand why Regina was sent to jail.Did she steal the money? When Chiluba was giving her the money,did she know that her husband was stealing? As much as i dont support corruption,My whole being feels that Regina has been treated unfairly.

    • Receiving stolen property is an offense. How can you receive over $400, 000 USD from one person. Maybe Zim Dollar. Ignorance is no self defense! Regina knew not even a president earns such cash. ! Nonsesne

  5. The Law is unjust to the poor. This will never change until Kingdom come. The rich will always recieve light sentences and bail

  6. Dull Nkole…..even me a lay person knows that once the court has made a ruling it becomes a precedent……how is he going to stop the judges granting bail. i dont think you can undo it with a new constitution……look at bulaya nad one or two Generals….let the law take its course iwe mamabala iwe. no wonder you cant deliver on your mandate and please leave those colours for Bemba fishermen at lake bangweulu….Imagine he looks loke a crown..

  7. Chewe the Virgin is the most cleverest on this blog. It is funny that Regina was convicted of theft or possession of stolen goods before the person who stole is convicted. There is something fishy with Zambian law. It is plainly clear that Regina did not steal but received goods suspected to have been stolen. The woman is a victim of injustice. Why are the wives of those already convicted not dragged into court. I may be the only one who does not know what is happening in Jerusalem. Did she go on wanton attacks grabbing those houses and the TV and money? Why is the thief still going to court?

    • #12 wiseman, I am tempted to ask you , how is it that you wiseman and am wiseman -reborn ? am I your re-incarnation ,then what are you ? A multiple personality split ? Hope you are the intermediate . Any how I do not agree with your posting. Indeed you are the only stranger in Jerusalem whom does not know that the Chilubas are cheats . If you are my split ask I will explain .

  8. People cannot be denied their rights in the name of pursuing justice. Max Nkole should in stead insist on the courts reviewing these cases quickly. Appeals should not take more than 2 months to decide.

  9. One way of frustrating appeals and wasting court’s, taxpayer’s an lawyer’s time, money and resources is to make it madatory to increase the length of the sentence as one goes to a higher court. Say a jail term handed at magistrate court to be say four years, should translate to six years at high court, eight years at supreme court and when that is done you will see how the appeals will be a thing of the past.

  10. The poor who still a few kwachas can’t afford K50m bail. They wait for their appeals which take ages behind bars and when they are acquitted on appeal, they can’t get any compo for wrongful imprisonment. Pa Zed, there is mangalo.

  11. Iwe Anonymous you are the one who hate Sata like Maestro.You should behave yourself and stop being jealousy.

  12. Appeals serve chaps with money. Several good people languish in jail because an appeal cannot be granted. Nkole is Correct, such chaps should not be given a hearing just after a day. Other people are given a hearing after a long time. Why are courts in a hurry to hear an appeal. One day a person will be convicted and be given an appeal hearing immediately, just wait and see history created this year. Ba Nkole bali bwino, he is VERY VERY correct. Now look at some bloggers.. what do you think drives them to symphasize with criminals?

  13. Although I do understand, and to some extent agree with the arguments above for a right to bail, I also sympathise with Nkole’s argument, in that it certainly undermines the credibility of the legal system when plunders are able to pay their way out of jail.

  14. The principle of a democracy and a nation striving to be of laws will have no room for Nkoles way of thinking. It seems to me that he is now begining to get himself into the survival mood. He is realising that sooner than later we may have to question the usefulness of the task force.Which was created to fix somebody who was messing with other peoples wives.There is nobody messing with other peoples wives at the moment so it could now be disbanded. The convictions that we have seen in the recent past could have been secured even without the task force. Survival ni nkondo pa Zed. Go for it ba Nkole abana kuti bachula mwandi mudala.If the entire UK government could do it while not you????

    • Perhaps… but you musn’t forget that the task force is still in its infancy, and has only recently began to facilitate some promising results. Simply disregarding Nkole’s opinion, and calling for its disbanding is not in my opinion a helpful suggestion. Such politically sensitive bodies take time to find their feet, and may well need years to be institutionally entrenched and respected as an effective watchdog and prosecutor. Regarding the UK court’s decision against Chiluba – that’s just it – it was the judiciary which reached a decision based on the evidence presented to it – our courts have not managed to do so yet – that’s not necessarily the Task Force’s fault.

  15. On “Meanwhile Mr. Nkole has commended his staff for securing conviction in high profile cases in the past few weeks”, HATS OFF to your team chief.

    On the applying for bail, it is their constitutional right which must be held in high esteem. My contribution of your request to the NCC is that please just allow the COURTS OF HIGHER appeal to increase the number of years BY 2 YEARS that which the Magistrate Courts give in an initial instance to someone if that bail applicant fails to win the next higher court court case ruling, in a successive manner.

    Such would ensure that convicts consider their bail application carefully before undertaking it as years in prison may increase if they…

    • How are you Mudala Awe you make my days.Naya mukulala Virgin pawa mudala.

      Ha ha ha ha ha ha aaaaaaaaaaaaaaaaaaaaaaaaaaaaa!!!!

  16. Silly Nkole. Suppose you deny someone bail and then they are acquitted on appeal? You will have deprived an innocent person of their freedom. And stop acting like a politician, man! Act like the law enforcement officer you are.

  17. S-t-u-p-i-d Nkole. Suppose you deny someone bail and then they are acquitted on appeal? You will have deprived an innocent person of their freedom. And stop acting like a politician, man! Act like the law enforcement officer you are.

  18. Anyone saying it’s their right has a warped view of justice. Selective Justice which is not rue justice is what this is. Many languish in our prisons as a result of allowing this nonsense to continue.

  19. Anyone saying it’s their right has a warped view of justice. Selective Justice which is not true justice is what this is. Many languish in our prisons as a result of allowing this nonsense to continue. The judges/justices involved have erred in granting these proven thieves bail.This is due to the fact they are interpreting law in a simplistic manner; that is they simply belive in abiding by the letter of the law, but take no more than a passing interest in the spirit in which it is written.When a law is written it should be viewed from it’s spirit of INTENT- simplistic interpretation of the law by the higher courts @ their discretion needs to be curbed.

    • Chinsali Inc, bail is a fundamental human right enshrined in all the constituitions of the world, we cannot deny or negate this fact just for political or task force expediency, nkole can be a good crime fighter but he is by far not qualified to debate issues that have already been put to rest by the leading world authorities on such issues. what keeps pipo wrongly behind jail is not the judges or magistrates making mistakes, it is actually the ignorance of those pipo in jail as to their legal rights to demand fair and free hearings, that is why the rich in any country seem to get this represenation because they can afford it, we cannot blame them for those that cannot not, tough life.

  20. I disagree with ba Nkole. Bail is a fundamental basic human right and only the judges can decide when not to grant it (e.g. murder case).

  21. People are entitled to bail when they are appealing a case. You need to look at how long it takes to try cases. One problem is that cases go to court before adequate evidence has been gathered. This leads to an inordinate amount of adjournments whilst the prosecutor struggles to find incriminating evidence. In the case of Mrs. Chiluba, there was even a nolle prosequi once before new charges were filed. Prosecutors and the police are too lazy and too poorly equipped to gather good eveidence. This is no reason to lock up people who might otherwise be innocent. Knowing our police, they will leave innocent people in prison for years and not even bother to try them. So ba Nkole, NO!!

  22. # 26 has put in a very important, educated and sensible view. I quote from him
    “The judges/justices involved have erred in granting these proven thieves bail.This is due to the fact they are interpreting law in a simplistic manner; that is they simply believe in abiding by the letter of the law, but take no more than a passing interest in the spirit in which it is written.When a law is written it should be viewed from it’s spirit of INTENT. No more can be said, this statement alone sums up this news item.

  23. The offenses are bailable yes. I think Nkole is trying to say the appeals are being granted to qiuck i.e less than a week. Let them go in at least a month . It is very obviuos there is a rush in all the high profile cases.

    We now wait for July 4th.

  24. If you really know how full jail is and how languishing the poor people are, then you will realize that bail is given to the rich and not the poor. why shud some one spend almost 2 years in remand and some one spends less than a week and they are out. Tell me, those people who have no voice no money to buy their small freedom, are they less human than these people who are CONVICTED of their crimes? we all know that most people have died just in remand awaiting the hearing of their cases. we all know that some innocents are rotting in prison while the real criminals are trotting the streets of zed, think about it.

  25. Thats very true Nkole, the whole essence is to deterr would be offenders, making sure that a presidence is set and criminals serve their sentences.

  26. You can see some of the bloggers here are related to thieves because their reasoning in defending bail for scums of the nation stink in the same manner as the scums. It’s hereditary!

  27. so many pipo died of depression related illnesses due to job losses and lack of medical drugs at clinics and hospitals while some one was busy stealing and buying 61 inch toshiba tvs and those to ma shoes

  28. my good pipo, i always say the same thing that we must tackle the causes not the effects of the problem. the issue of bail pending appeal is in any constitution, pipo like nkole have no place in zambian law, anyone of you bloggers can go to any police station in zambia and you will find someone charged with borrowing money, which is not a criminal but a civil case, it is because of pipo like nkole, ignorant zambians spend even up to a month for such silly cases. what nkole should be doing is to encourage the post newspapers to sensitise pipo on their rights so that as less pipo a possible are locked up, not for him the advocate an abuse of our basic human rights, truly a shamefull officer.

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