EVANGELICAL Fellowship of Zambia (EFZ) has said Director of Public Prosecutions (DPP) Chalwe Mchenga acted within the law to withdraw the notice of appeal filed by the Taskforce against the acquittal of second Republican president Frederick Chiluba.
EFZ Executive Director Bishop Paul Mususu said in an interview yesterday that the DPP acted within the powers conferred on him by the Constitution.
Bishop Mususu advised political leaders and Zambians in general to exercise caution when commenting on Dr Chiluba’s acquittal, saying there was need to avoid statements that would divide the country.
He said Zambians should realise that the powers to prosecute were only vested in the DPP and that the people should not think desired results in the fight against corruption could only be achieved once Dr Chiluba was jailed.
The bishop advised political leaders to take a lead in uniting the nation by sticking to what was required of the law when making statements over Dr Chiluba’s issue.
He said there was need for Zambians to avoid only hanging on to Dr Chiluba’s case but also realise that the country needed to move forward if it was to develop.
And Lusaka lawyer, Kelvin Hang’andu has petitioned the High Court to dismiss Director of Public Prosecutions (DPP) Chalwe Mchenga’s withdrawal of the notice of appeal filed by Taskforce prosecutor, Mutembo Nchito against the acquittal of former president Frederick Chiluba.
Mr Hang’andu said in a petition filed in the Lusaka High Court registry yesterday that although the DPP had the authority to stop the appeal against Dr Chiluba’s acquittal, he should have consulted the attorney general before doing so.
“The DPP willfully neglected to obtain the requisite directions from the attorney general as prescribed by Article 56(7) of the Constitution before acting as such,” Mr Hang’andu said.
Attorney General Mumba Malila said in an interview yesterday he had not seen the petition and would only comment after studying the document.
Mr Hang’andu said in the petition that because the DPP did not seek the attorney general’s advice, his action amounted to abuse of or unlawful use of public office.[quote]
He said by withdrawing the notice of appeal filed by the Taskforce on Corruption, the DPP stifled the constitutional right and freedom granted to parties to a criminal trial, of equal protection of the law as enshrined by Article 11 (a) of the Constitution.
Mr Hang’andu wants the court to order that the notice of intention to appeal in the case against Dr Chiluba was validly entered and must proceed by the High Court in a regular manner.
On Thursday, Mr Mchenga said the State will not challenge the acquittal of former President Frederick Chiluba because the appeal is unlikely to be successful.
Mr Mchenga said that evidence before court shows that the Zamtrop account from which Dr Chiluba was alleged to have stolen about $500,000 received money from sources other than the Government.
“An appeal should only be made when there is a likelihood of it succeeding. Appealing because of concerns of members of the public without regard to the likelihood of success is actually an abuse of the judicial process,” Mr Mchenga said.
Mr Mchenga said there was evidence before court that money in excess of US$8.5 million was paid into the Zamtrop account from other sources and Dr Chiluba made a statement that some money had been placed into the account on his behalf.
{Times of Zambia]
this man scares me
I’m sorry but the color of someones skin will always matter. Society is what it is. The color of our skin dark or light determines how others will treat us. This is the world we live in. Some won’t care and some will, a lot.
Most successful men have married White women, For me it appears that when someone is suprerior ie in this case i have a degree, then you want someone at your level to befirend you. Most of ‘this level’ i have never found it in blacks. Most african guys i know in this country have pathetic jobs and are students at almost 30 or more. A white guy gives you a peace of mind assurance and my parents tell me, ‘what a catch Mushota’ So to hate me because i chose a white guy over a black lost guy is ignorance. If u had money and big house i may have chosen U, so who…
Musohota which black man disappointed you? Are you sure your muzungu will give you the best fimo fimo. These chaps only good if you want to milk them… No they will tell you to contribute. I guess you have dishonored your parents for being black.
#1 & 2 Lets debate on the topic at hand, why is your focus on the front trousers of a black man, leave England and come here and meet successful blacks who can give you atleast 4 babies, not those stingy chaps who will take you to the labour ward once!
LT your topic is boring no amount of brainwashing will clean this man in the story, we are too sharp to rely on Bishops these days, just see their recent behavours!
Back to Musohota, YOU sound frustrated after failing to secure a partner, Don’t worry too much because after some years your smile will turn into repelling glances, no man whether green, yellow, or blue will entertain your wrinked face. Advice, don’t aspire for men above your class!
Ralph Farai Chalwe M’chenga balimwikatilapo because one of his parents is Zimbabwean. He has probably been told he would be nothing in Zimbo.
LT this story is boring. All the time borrowing stories from the state owned media. Cant you for once originate your own stories and be neutrial?
# 2 you may be suffering from a problem some sections of society call inferiority complex.
#1, 2
Will you PLEASE close your gaping fu*ck!ng cu*nt!
We ule lyamupamba we!
We are seen to be fighting FTJ’s acquital which to me does not sound sensible. The judgement was being awaited and it went inFTJ’s favour. What else do these pipo expect from the Juidicially. The other time its was CJ and a Supreme Court Judge must go coz they had reached retirement age etc. Whats the story today? Hangandu is trying to grow hair on a egg. I expected alot of in put during NCC submissions and lobbying the delegates to make constructive and concrete proposals to our constitution. Pipo condemn this and that piece of law being in bad taste but once elected into positions of authority they find the same laws they use to condemn sweet to exploit to their ADVANTAGE. Its a question of FTJ’s acquital but bad laws whcih gives Prsidency TO MUCH POWER instead of INSTITUTIONS.
By arguing with this chick, a lot of you fellas are validating her views. This chic is an attention ho. Why are you reducing yourselves to her level? What is she doing on a black man’s site if she has such issues with them? She is busy exposing herself to the same men who are supposed to be inferior. This chick is mental, she needs to get institutionalised, and fast! If you have demons need exocising, see a witchdoctor.
Now, can we get back to the topic at hand
Musohota you are a mental patient girl who need prayers of deliverance.
LT keep erasing her messages.
The people Vs FTJ 2009 should be left for higher courts to determine whether FTJ stole the money or he’s not guilty.That is our money and we need to close the case as soon as possible
To Bloggers Have Gud Week End. Greetings to Villie Lombanya PS. Copperbelt Province. Are ready for “CHISEMWA CHA LUNDA TRADITIONAL CEREMONY” We need your presence. Yah Ben Tetamashimba. Byepe Ku RSA are you recovering at fast rate. Get well soon the DEVIL Minded guys here home have bin urging RB to fire you whilst you are on your death bed. QUICK QUICK RECOVERY COME GET GRADUITY WE SHARE WITH YOU.
W e dont want to listen to these bishops.they mislead us and we have to see that this case of FTJ goes to the High Court.we the people have to appeal.we are not satisfied by the judgement passed by one Jones Chinyama.if plunderers can appeal to win their freedom temporary why cant we as the people of zambia to get back what was looted.IWE MUSHOTA GIRL YOU ARE JUST A SLUT .I WONDER WHETHER YOU ARE CULTURED….SILLY CHAP AND LOST
Mushota’s IQ is .5%. I lead people with white skin & am successful. Skin colour has nothing to do with whether someone will be successul r not. Only people of Mushota’s IQ make the people with white skin to think that they’re more superior than people of other skin colour. for Chiluba-leave him alone. don’t waste anymore money on the lawyers.
IF WE LEAVE CHILUBA ALONE THEN WHAT HAPPENS TO THE 8 MILLION POUNDS THAT IS HELD IN THE ZAMTROP ACCOUNT THAT HE FAILED TO ACCOUNT?
Bishop, I have always held you in high esteem. LT you also seem to be a government aligned media. Anyway we want our money stolen by Kafupi, it does not matter how long it takes, the truth will one day be known.
As for my fellow black men and women bloggers except one “Mushota”, let’s stop responding to her lun***acy. Hey lady, you should know that most of us are proud to be black, so leave our site “white a***ss” and join a bazungu blog, am sure they will be very happy.
Ok i learn something.this thing ka mushota is a ka lady who sells her pussy to a white man in pursuit of a confortable living,not so?
LT moderating what. Ka mushota is a hule.she thinks her “pull sea” will earn her a good living from a muzungu.shame to-you mwaiche.
MUSHOTA MWAICE YOU ARE A VERY DISHONEST GIRL AND INFERIOR AT THE SAME TIME. IF YOU THINK BY MARRYING A WHITE MAN WILL MAKE U A BETTER PERSON THAN YOUR ARE LOST OR SOMEHOW MENTALLY DISORIENTED. IF YOU HAVE HANG OUT WITH MEN WHO ARE LOSERS THEN CAME TO REALISE LATER THAT YOU HAVE BEEN USED…SOONER OR LATER YOU WILL REALISE THAT EVEN WITH YOUR SO CALLED CATCH IS AN ILLUSION. I WAKE WITH A EURO-AMERICAN ENGINEERING COMAPNY, AND IAM PROUD TO BE A BLACK MAN MARRIED TO A BLACK ZAMBIAN WOMEN WITH A BLACK ZAMBIAN DAUGHTER. I HAVE BEEN MANAGING WHITE ENGINEERS WHILE BASED AT OUR HEAD OFFICE. I SAW NO NEED TO MARRY A WHITE WOMEN BECOZ I AM A VERY PROUD ZAMBIAN WHO IS CONFORTABLE WITH THE COLOUR OF MY SKIN. MWAICE MUSHOTA ITS PEOPLE LIKE YOU WHO NEED TO READ THE ODESITY OF HOPE BY OBAMA.
LT whats going on?
This Mushota chick is posting comments irrelevant to the news articles on the site.Whats her problem?We don’t give a s***** about who she goes to bed with,whether black ,white,green,orange.Let the slut find an appropriate forum to comment on her personal issues.
I would also like to urge the other LT readers not to fall into her trap.The article about the DPP is very important,so lets comment about it.
I’m so disappointed with LT for allowing this to happen.
All preachers are supposed to be applauding any person or people using the judicial system for any cases. Going through the judicial system in any case is supposed to be free and fair and brings order in a country. Zambia has to teach the younger generation that it is important there is order and discouraging things like appeal can lead to people suffering in silence when they have rights . In context of Christianity the bible even says in Matthew 22 (New International Reader’s Version) … Then he said (Jesus) to them, “Give to Caesar what belongs to Caesar. And give to God what belongs to God.”
Iwe kamushota will shut your beak! we are not interested in your f*********ng business here. Talk about serious issues raised.
I think in terms of gullibleness, Zambian are tops. Just how any sane being can root for a vile creature like Chiluba so innured to corruption, plunder, alms, treachery, infidelity, murder etc spooks me immensely. I honestly doubt Zambian as one nation has a future, no! There isn’t any country with a future that can have someone like Kanitundila for a president, one on whom even monkey have passed a no confidence vote by urinating on. There were hundreds of people that day under that tree, that monkey excrement landed only on Banda’s big head was by no accident.
Unfortunately, a lot of institutions in Zambia, sadly, including the so called Evangelical Church, are severely tainted. And my brother Marvelous Marvin, I respectfully disagree with you, Zambians are not gullible. I think they have a high tolerance for nonsense from their politicians but I think when it matters the most, Zambians do come through …. wait and see, unless he dies, RB will be removed one way or another. I take comfort in the fact that there is still a lot of people who have not sold their souls for government positions. I am also disturbed that seemingly smart people like Dr Kanganja, Lesley Mbula, Dr Mbikusita Lewanika, Sakwiba Sikota etc, have chosen to be used by these buffoons.
Ba Bishop Paul Mususu, No one is saying or has stated that the decision by the DPP to withdraw the appeal was illegal but I am sure you also know that it is questionable.You are also aware that the country has been polarised by the MMD which has created a big divide in the country between the MMD Government and the people. This government does not seem to be ruling with the interest of the people at heart because if they did, then they should consider the feelings of the people on national issues.
Ba Bishop, “We the People” want to appeal the FJT Chiluba acquital which we, including you, know has merit and the Zambian constitution gives us a right to bo fairly heard in a court of law up to the Supreme Court.
So, Bishop, give your lectures to the DPP to uphold judicial independence.
The problem most people in Zambia have is that they donnot think of the poor who are starving in their houses and diying of hunger;; mind you CHILUBA still continue to draw some salary from taxpayers money. while poor people continue to die.. thats poor gorvernance , any well meaning gorvernment should see to it that food is affordable to every familly but in ZAMBIA the opposite is true ;; the money Chilba stole must be used to feed the poor if not all ZAMBIANS
Right on Bishop, you have said the truth, people just have to accept the Chiluc verdict and Mchenga non appeal.
. #2
Musohota
Those remarks are personal. Do what u think is right for u BUT do not mislead others. Having a degree has nothing to do with modern life. Some of these rich people including me has no degrees but well paid. Thru hard working u can earn big money. The holy cow is the best fighter in the village… Not the wisiest.
Those footballers who are paid £100,000 – £250,000 a week have no degrees >> Only skills reward them.
Musohota >>> If u had money and big house i may have chosen U, so who…HERE I AM.. I HAVE EVERYTHING YOU PUT FORWARD 50M2 HOUSE, ONE BIKE AND 7SEATER VEHICLE (OPEL ZAFIRA) HOUSE FURNITURE AND OVERHEARD LIGHTS.. NOTHING MISSING IN ALL ROOMS
Mushota which compound did you grow up from where black guys look very backward.. honestly dont blame others for your poor background, you sound as if dating a white guy is such an achievement for you. I suspect that you worship whites becoz of your poor background, but give us a break, in life you must learn to humble yourself, becoz if you think you have brains and have an education. there will always be someone more schooled than yourself in your respective field. Go back to you mother and learn some manners or better still take heed pride comes before the fall, you are digging your own grave with such mannerism