Former President Frederick Chiluba at the magistrate court
Former President Frederick Chiluba at the magistrate court

THE Lusaka magistrates court says it will pass judgment in the case involving former President Chiluba and two others even without submissions from the former head of State.

Making the ruling yesterday, Ndola High Court Registrar Jones Chinyama, sitting as magistrate, said he will not consider any submissions made after the stipulated time as his orders were that the defence files its submissions by April 24, 2009, while the State is expected to respond by June 22, 2009.

This is in the case in which Chiluba, Access Finance Services executive director Aaron Chungu and Lusaka businessman Faustin Kabwe are charged with theft of public funds amounting to almost $500,000.

Mr Chinyama said he would proceed with judgment set for July 20, 2009, on the assumption that Chiluba decided not to file any written submissions.

“The court will proceed on assumption that A1 (Chiluba) decided not to submit. I can’t extend the date of judgment,” he said.

When the court asked Chiluba why his written submissions had not been filed, he said he was just learning of the development.

The accused persons who appeared for mention are being represented by John Sangwa and Robert Simeza, who were not before court.

In his application, Task Force on Corruption prosecutor Mutembo Nchito submitted that the State has not received submissions in respect of Chiluba and that even the submissions for the other two accused persons were only submitted three weeks after the stipulated date.

Mr Nchito argued when the trio appeared for mention that the State did not know why the defence team was not before court.

“The court will proceed on assumption that A1 (Chiluba) decided not to submit. I can’t extend the date of judgment,” he said.

He told the court that it would be difficult for the State to file submissions without taking into account issues raised on Chiluba.

“In the interest of justice, unless the court directs otherwise, it will be difficult for us to file submissions without taking into account issues raised on behalf of A1 (Chiluba),” he said.

Mr Nchito submitted that the State has had problems getting the defence team to observe dates set by the court and that the defence did not inform the prosecution on the delay to file submissions.

And Chiluba’s spokesperson Emmanuel Mwamba said in an interview that the defendants’ lawyers have been instructed to make an urgent application seeking the court’s permission to file out of time.

He said the development was out of an administrative arrangement where Mr Sangwa specifically dealt with Chungu and Kabwe while Mr Simeza dealt with Chiluba.

[Zambia Daily Mail]

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57 COMMENTS

  1. What a joke! $500 000!!!! Can someone also give us the cost of dragging this case?What a waste of tax payers money.This case did not even require an English Judge in the first place! Do we still need foreign investment in the Zambian Judiciary?What about the likes of Katumbi(who is untouchable at the mo), VJ ,Katele etc?I think the Zambian Justice system and politicians need a kick in the head for having fooled the people who who supposedly elected them.That money cannot even buy me an avarage house in the UK.SHAME

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  2. Please make sure that FTJ’s rights are respected fully. If a submission is needed then make sure that it is provided.

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  3. With or without written submissions, it is time this case was concluded. People are tired of watching and waiting.

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  4. $500 000 what a joke! What about the cost of dragging this case? Might as well give Kafupi a break! They have made a joke of this case to a point where it has become stale.I am sure the English Judge was paid more than what has been stolen.what about the Katumbis,Kateles VJ etc?This money cannot even buy me an average house here!

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  5. no more trouble….let the truth come out even the Gabon air crush report should be out cos it´s about time the truth took over.

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  6. Sangwa and Simeza claim to be legal geniuses and Iam shocked they couldnt advise their client to file the wriiten submission as requested hy His Honor the judge, rather wait for last minute instructions from FTJ.Who are they fooling with all these roundabout cheap legal tactics? please Nchito do your work and send FTJ where he belongs-Mukobeko SuperMax in Kabwe.

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  7. Sangwa and Simeza claim to be legal geniuses and Iam shocked they couldnt advise their client to file the wriiten submission as requested hy His Honor the judge, rather wait for last minute instructions from FTJ.Who are they fooling with all these roundabout cheap legal tactics? Please Nchito do your work and send FTJ where he belongs-Mukobeko SuperMax in Broken Hill.

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  8. LT Iam pissed off with you.I almost decided to lash out at you but decided to go for a drink snce its a weekend.But next time allow my comments for you are infringing my hard-earned constitutional right: freedom of expression as enshrined in the Bill of Rights.
    Now coming to the issue,Sangwa and Simeza claim to be legal geniuses and Iam shocked they couldnt advise their client to file the wriiten submission as requested hy His Honor the judge, rather wait for last minute instructions from FTJ.Who are they fooling with all these roundabout cheap legal tactics? Please Nchito do your work and send FTJ where he belongs-Mukobeko SuperMax in Broken Hill.

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  9. LT Iam pissed off with you.I almost decided to lash out at you but decided to go for a drink snce its a weekend.But next time allow my comments for you are infringing my hard-earned constitutional right: freedom of expression as enshrined in the Bill of Rights.

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  10. These two lawyes claim to be legal geniuses and Iam shocked they couldnt advise their client(FTJ) to file the wriiten submission as requested hy His Honor the judge, rather wait for last minute instructions from FTJ.Who are they fooling with all these roundabout cheap legal tactics? Please Nchito do your work and send FTJ where he belongs-Mukobeko SuperMax in Broken Hill.

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  11. #15 Kamunyama, nshilaikatapo Zed five years yapwa. PaKitwe paletwala lintu twali bakido. Elo naisabazilapo briefly mu 1997 and 1998. Twalenwina palya pa station paka mufilipino elo na guest house imo ifi ku Parklands mupepi na paLechwe School. Nomba teti nkupele number apa. Ngatwavoka sana. Nga Kasama Boy ninani? Aleumfwika kwati twalinwapo nankwe ka.

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  12. #19 Sharp Shooter, when lawyers behave like this, it means that the client has not given them “instructions” otherwise known as legal fees. Hefty Jay has not paid his legal fees. Otherwise John Peter Sangwa and Robert Mbonani Simeza are brilliant guys.

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  13. Iliko bad pa Zed for FTJ. This man has had sleepless night since 2001 coz everyday is unpredictable since he doesn’t know his destiny.

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  14. This is an open and shut Default judgement case in favour of the entity/person against chiluba. Theres probably no good defence hence why theres no submissions or aybe his lawyers were lazy and too negligent to properly inform him of the adverse consequences.

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  15. I think he is still the master dribler, the thing is if the court proceeds without taking into account FTJ ‘s issues which he raised and administrative problems the lawyers had and in comparisons to the other defendants who handed in late and denying FTJ. It will seem to be injustice. He issues have to be looked at before proceeding otherwise judgement will seem to be predetermined if he was to be found guilty.

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  16. Beats me why Little Freddie is still a free man after all that evidence against him

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  17. #29 Woman of Substance, if he is jailed, what will his lawyers eat? I think it is a scheme through which to earn a living so they will be forgeting a lot of things in order to make a lot of delays. This man is really a trickstar just like his “Jacob” name which means “deceiver”. Just imagine how he made us lose out on pasamulopa and supaloaf? eh? Other companies like UBZ were made to go under but look at the result, it is total chaos on the roads and we do not have time buses anymore.

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  18. Whether FTJ goes to jail or not that the court s will decide. However what is clear and that will remain so in the history of our country Zambia,is that we had a heartless, merciless, vengeful and as #30 has put it a deceiver for a President.

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  19. I think this case has been compromised in a sense. The initial inditments before paliament can not leave us with thius $500k, most of the big cases have been trimmed. Please arrest this chiluba

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  20. C’mon, he declared Zambia a Christian nation!.Zambians, pay attention to details sometimes-Replay his press conferences-he made mockery of President Kaunda then,when Dr.Kaunda complained he didn’t have a place to stay after losing elections remember? he said “how can one stay in presidency for 27 years without building a house?” meaning how come he didn’t steal?At one of his “press” conferences he “joked” and said “i didn’t know this seat was so sweet” but we all laughed.You were infact looked down as a fool in chiluba ‘s govt if you didn’t steal.He brought a new culture while praying very hard not to be caught.My heart bleeds when i see a lot of “them” got away with it.(ill gotten wealth)No govt official was ever arrested in Chiluba’s term for fraud! Picture this?well…

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  21. Iam stunned by No 3 who is comparing the $500,000 suspected stolen by the former head of state and the cost incured by the police in chasing the $500,000. No 3 can you tell me which police force in the world makes a profit? Do not compare the tow amounts as they are not related. The cost on the part of the state is to correct the moral fibre at any cost

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  22. Pabwatopabwato,yapamanzi, pabwatopabwato, yapamanzi.The boat is sailing again.Us in the patriotic front have started holding mammoth ralies.It feels great to belong to PF.Kwati ubwali ubwa fishimu,nangu utwakusashila so. Pabwato ukulowa bane.Plans are underway on how to strategise and kick out mmd,come 2011. Viva Sata!! Aba bena ba ume!

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  23. Pabwato ukunono,pabwato ama bwenge.Pabwato mwe bantu palo mfwika bwino.Ala pabwato imweeeee. Pabwato fye bane,tuleya mubwato.Ati ki mwamukolo fela. Aluyeni mwamukolo, katunjila mubwato basa, tiyeni tilobe mu bwato antu onse.

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  24. Zambia does not have enough capital to pro-long a trial like this. We should be grateful to the cooperating partners (donors) for assisting the Zambian tax payer. Chiluba’s incaceration will be so sweet because he has deprived Zambia an opportunity to progress & develop through plunder of state assets & tax payers money. Although am saddened by the length legal process, his conviction will send a loud & clear message to Zambians who enter politics for self enrichment. I just can’t wait for July 20 when this short conman will be jailed. It will be a lovely day in Zambia’s political landscape. I hope he can die before that to save him from being embarrassed. He will be the first African leader in SADC to be jailed for theft & abuse of office what a shame. His name stinks.

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  25. #34 & #35,Ba Chewe fimo fimo, Muli shani? kabiyeni mukulya ubwali na kapenta… mwapunda sana, mwala fenta ka! munwinepo na amenshi elyo mubwele mu kupunda nakaili. lol

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  26. Bloggers, this story of FTJ is boring indeed & will not comment on it. Now, on a serious note could someone avail me contacts for Prof. Clive Chirwa? I will really greatly appreciate.

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  27. If FTJ goes to jail, it set a very bad precedence that might make RB and others to come and suffer worse trials than we are seeing right now. It is know FTJ could have done something wrong, but almost 8 years with no concrete evidence might create a scenario that the ever on the road RB might behave like Peru’ former President Fujimori who took an official trip to Japan and couldn’t go back own trials. RB might go out and find himself in the Fillipines President who went to the UN conference but ended up in UK as people had risen and asked him never to set foot in his country. So, be careful what you wish for. Zambians are watching all these fake trips RB is embarking on. Are they productive or it is just a scheme to move money around?

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  28. I meant to say “it is known….” Some words are missing. I believe this is an LT problem, not mine.

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  29. Kafupi and friends are only beginners, at obtaining money under false pretences. They should take a leaf out of the British MPs books, where you rip the tax payers off then say sorry and no action is taken. So why let an English court interfere?
    Mukuwa Doud

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  30. Basa Kayi makani aya yakamana kaindi the only people wanting it to carry on are the lawyers who are worse than the accussed as they are bent on amassing mali manji. Somebody put an end to this as you do not have sufficient evidence else the case would have been over by now. You are wasting Tax payers’s maoney worse than the English MP’s. And did you hear about minister Mugala who thought being called a sleeping Giant is an insult, please where do you get these people from

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  31. flag Rocket Scientist Maestro Hhehhehhehhe - ndeezwa ku-musanza for Zambians in the 2011 tripartite National elections

    Following “In his application, Task Force on Corruption prosecutor Mutembo Nchito submitted that the State has not received submissions in respect of Chiluba and that even the submissions for the other two accused persons were only submitted three weeks after the stipulated date and other related data, I hope the magistrate will do what he said. It is not good to extend cases, when the accused are seemingly deliberately doing delaying tactics. All the best Mr Chiluba and your co-accused persons.

    ____
    Prevention is better than cure.

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  32. What goes on in the UK is for the electorates in that country to decide. He stole money that belonged to Zedians so this ka conman man called Kafupi must suffer. Let him be jailed & pay for his debt to the Zambian society. We shouldn’t be scared to prosecute people especially politicians all in the name of say it will set a bad precedence. That’s the most lame excuse I have ever heard. If people can’t serve people as politicians then they need to be purged because they are denting the image of this noble profession where many Zambians would like to get into but can not because of the vices & mal practices that have become a normal. Fredrick Chiluba’s day is coming & that day is July 20 2009. It will be a lovely day in Zambia.

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  33. With the Chief Justice held under blackmail, kaya. Some lawyers are far worse than criminals!

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  34. Chief Justice, plunder cases, favours, Mutembo, Mmembe, closed mouth + dilution = ? Kaya

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  35. Office gymnastics = favours Mwamba Chanda, CLOSED mOUTH CJ matrix happy. Bigheaded ZA, careless loans, fraud, …, ka boom.

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  36. Do not worry RB is not zambian so has a place of brith to run to thats why he had to go look for land im zim.

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