IN a now known fashion, the story first broke in the private media with incredible allegations that the Director of Public Prosecutions Mukelebai Mukelebai met Xavier Chungu, former Director General of the ZSIS for eight hours at The Royal Livingstone during the Christmas Holidays of 2003.

This was at the height of corruption allegations against former president Frederick Chiluba and former intelligence chief Xavier Chungu.

The allegations stated that Mukelebai was in the company of a ‘Lebanese couple’. The private media followed this incredible story with their usual sources from civil society and politicians baying for Mukelebai’s blood.

In their usual style of attack, the private media put in motion ‘the-isolate’ methods. Mukelebai was cornered and stood no chance! On January 2, 2004 president Mwanawasa summoned the DPP to his office.

Dr Mwanawasa laid bare the ‘serious allegations’ against the DPP that he was colluding, abetting and aiding ‘plunderers’ to ‘escape’ the consequences and temerity of their crimes.

Mwanawasa’s evidence? A non-descript fellow who was a porter at one of the hotels in Livingstone.

The president also stated that other than the alleged eight-hour meeting between Mukelebai and Chungu, there were other ‘‘valid’’ and strong complaints against Mukelebai suggesting that he was “deliberately’’ mishandling ‘plunder cases’.

The president suggested that owing to his recent bereavement where he had lost his wife, Mukelebai should go on a sabbatical leave for 45 days. He suggested that upon his return from leave, Mukelebai would be awarded a scholarship to go and study in India.

Mukelebai was ordered never to reclaim his office. Mwanawasa further suggested that he would, upon his eventual return, appoint Mukelebai as a High Court Judge.

The president stated that Mukelebai would surrender the duties of his office, especially those cases relating to “the plunder of national resources’’, to private prosecutors.

After this meeting, Mukelebai recognised the extent of the vicious and strong forces arraigned against him. He clearly felt that the forces had converged using the false allegations from Livingstone as an excuse to hound him out of office.

He quickly sought legal counsel from experienced lawyer Vincent Malambo SC.
On January 5, 2004, Mukelebai wrote to President Mwanawasa informing him that as discussed, he will proceed to go on leave and enclosed there-in his leave forms. He copied the letter to Secretary to Cabinet and permanent secretary, Legal Affairs.

Mr Malambo advised that the action was unnecessary and illegal as the DPP was yielding to unreasonable political pressure from Mwanawasa. Malambo advised that the pressure must be dismissed with contempt as the DPP had security of tenure, anchored in the Constitution. He advised that a Republican president had no such powers as to send a DPP on forced leave, let alone hound the DPP out of office.

The trouble was that Mukelebai had sent copies of that letter, to the Secretary to Cabinet and to the permanent secretary – Legal Affairs.

Malambo advised him to ignore the letters of leave, as they were sent in error. The letter to Mwanawasa consequently, was never sent.

As is customary of George Kunda, who is a consistent stickler of the law, he issued a statement on January 7, 2004 as Minister of Legal Affairs and Attorney General, emphasising that the DPP would not proceed to go on leave as this was ‘“imaginary and created by a certain newspaper’’.

Mr Kunda said the DPP’s office was a constitutional office and he cannot be forced to go on leave nor be removed from office without due process of the law.

Clearly the battle to dismiss Mukelebai or force him out of the way was being lost.
The empire summoned its last weapon of war – Mwanawasa.

On January 8, president Mwanawasa held a Press conference revealing to the nation that he had a ‘secret agreement’ with the DPP agreed upon on January 2, 2004. He insisted that the DPP promised to go on sabbatical leave and upon his return go on a scholarship to India.

He displayed a letter written by the DPP to him officially applying to go on leave. Mukelebai never delivered the original but Mwanawasa displayed a copy from the Secretary to Cabinet.

A woman representing State Advocates in the DPP’s office emerged and issued a strong statement on January 11, 2004. She charged that the letter of leave displayed at State House by Mwanawasa was a forgery and challenged those relying on such a letter to show the original.

She said the integrity, courage, professionalism and intellect of the DPP was laudable and that State Advocates would not allow perversion of professionals by anyone calling Mukelebai a liar (including Mwanawasa) simply because he asserted the authority and independence of his office as provided for in the Constitution.

Malambo also issued a statement defending his client and quoting Article 56 which states that: The DPP shall not be subject to the direction or control of any other person or authority (including the Republican president).

Malambo extolled the qualities expected of the DPP by stating that in the person of the DPP, the public are entitled to expect integrity, professionalism and competence. The public are entitled to expect independence, impartiality, objectivity and dispassionate decision-making.

Malambo insisted Mukelebai was the legitimate holder of that office and no one would remove him without cause or without following the due process of the law as demanded by some sections of the media.
Clearly, the battle lines were drawn.

In a show of unreasonable force, president Mwanawasa suspended Mukelebai on January 14, 2004. He constituted a tribunal to probe and remove the DPP from his office for misbehaviour, misconduct, incompetence and inability to perform duties from his office.

But what did Mukelebai do to justify his removal from office?

When the tribunal was constituted and began to hear witnesses who included the Livingstone porter, the porter stated that he saw Xavier Chungu and Mukelebai Mukelebai at the reception on January 1,2004 a metre away for a few minutes.

On cross examination, he revealed that his travel to Lusaka was facilitated by State House, which booked him at a lodge. The porter said he was given a K200,000 as pocket money.

The tribunal heard the ‘Lebanese’ that are alleged to have been with Xavier Chungu turned out to be a well known couple from a travel agency.

The tribunal established that the eight-hour meeting between Mukelebai and Chungu never took place.
Mukelebai was appointed DPP in November 1998.

To be appointed DPP in 1998, recommendations came from constitutional lawyer and international law draftsperson Eva Jhala and former Solicitor General and former Vice- President, Levy Patrick Mwanawasa SC.

The Taskforce on Corruption

In 2002, following the strong and complex corruption revelations against former president Frederick Chiluba and his former officials, Mukelebai set up a Taskforce which he initially chaired, to coordinate and conduct the investigations and prosecution of cases of plunder of national resources.

This decision was to haunt him. A clique of outsiders used this Taskforce a body to profit from, used to settle scores, bankrupt business rivals, and vanquish political opponents. This clique also strengthened itself in a manner that placed them as a hegemony that determines the future leadership of Zambia.

The corruption cases genesis

Earlier, a private lawyer had managed to get the Zamtrop account. A few statements of the document were stolen by a junior officer from the Intelligence and given to a Lusaka business executive who, passed the document to his fellow party member in the FDD. The rest is as they say, history.

A woman representing State Advocates in the DPP’s office emerged and issued a strong statement on January 11, 2004. She charged that the letter of leave displayed at State House by Mwanawasa was a forgery and challenged those relying on such a letter to show the original.

On July 16, 2002 Parliament lifted Chiluba’s immunity paving way for the former president to face criminal prosecution.

Even when private prosectors were part of the Taskforce, their influence was limited as the powers to prosecute the cases were held by Mukelebai.

Then Attorney General Kunda contended that it would be illegal to appoint private prosecutors with prosecutorial powers as the Constitution and subsequent subsidiary legislation, vests such powers in the Zambia Police (ZP), Drug Enforcement Commission (DEC), Anti-Corruption Commission (ACC) and the Zambia Security Intelligence Services.

This fear was indicated by all security wings that giving such powers would be illegal but also inimical to the interest of the State.

When Mwanawasa lifted Chiluba’s immunity, Mukelebai had put together a unit comprising members from all investigations wings to investigate and prosecute the cases. Mukelebai was also avoiding duplication of work and cases crossing.

On May 8 2003, Mwanawasa wrote a strong letter to Kunda admonishing him not to interfere with the work of the Taskforce. He reminded Kunda to leave criminal prosecutions to the DPP as stipulated by the law.

Similarly when Mukelebai directed that Aaron Chungu and Faustin Kabwe be turned as witnesses against Frederick Chiluba, Stella Chibanda, Bede Mpande, Xavier Chungu and Attan Shansonga in his letter dated September 3 2003, the Taskforce refused to heed the directives .

A pattern had emerged where the DPP’s directives, instructions and advice were ignored or disobeyed.

When former President, Frederick Chiluba requested for Government authority to travel to the United Kingdom for his medicals at the height of the allegations, Mukelebai approved the trip as Chairperson of the Taskforce on Corruption. He instituted measures that would guarantee Chiluba’s return.

Chiluba’s request to travel for his scheduled medicals was quickly leaked to the private media and alarm bells rung depicting him as a potential fugitive of the law.

How could Chiluba escape to the UK, the very country that was funding and orchestrating his arrest and prosecution?

As the dismal work put up by the Taskforce came to conclusion, courts began to acquit or the DPP discontinued the cases through a nolle prosequi in favour of plunderers. The cases began to collapse like a pack of cards.

The country was in a protest uproar and the public embarrassment caused to the Taskforce, was obvious.

The DPP took drastic measures to restore integrity in the investigations and prosecution of these cases.

He wrote a letter to the Taskforce where he demanded that no case should be taken to court without his approval nor consent as enshrined in Article 56 (3)(a). He also directed that he needed to veto the cases before they were taken to court. He also attempted to reclaim his stolen powers by stating that: Kindly be advised that it is only the DPP’s office that can authorise a person outside the civil service to conduct criminal prosecution on his behalf and on behalf of the State.

He directed other prosecutors from other law firms be sought to join the public prosecutors.

Mukelebai was deemed a stumbling block by powers that be and Chiluba and “his tandem of thieves’’ would never go to prison. Mukelebai had to go and the powers of prosecution had to be exercised to the exclusion of the DPP.

Mukelebai was being blamed for the failure of the cases.
Mukelebai reminded the Taskforce that the Constitution granted him exclusive powers to conduct criminal prosecutions and consequently directed that all pending cases be submitted to his office.
Mukelebai had raised the particular unsuitability of private prosecutors in these cases.

It is soon after this, that stunning lies, utter falsities and fabrications were made against Mukelebai. Mukelebai was later removed as DPP despite the tribunal clearing him of all allegations.

The Taskforce basked in false glory for eight years destroying institutions of the Judiciary, offices of Attorney General, the DPP and the presidency.

And the DPP, Mukelebai Mukelebai was the biggest victim losing his job and later his life in mysterious circumstances.

[Times of Zambia]

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50 COMMENTS

  1. This was a clear case of the President (LPM) violating the Consititution by exerting undue influence on the DPP. Strangely inept insitutions like LAZ kept quiet and even the Post was happy as this violation was going. For RB over a not so clear case of him influencing the DPP, both LAZ and the Post quickly went to the anthill to condemn RB. Talk about Double Standards. There you are.

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  2. LT, are you self-regulating here? We have already read this story and you have replaced the Post newspaper with what you are terming the private media. Come on, tell it as it is. We know the Post editor and his single track-mindedness about having Chiluba jailed so that he can settle personal scores. The saga continues…

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  3. Strong powers are behind this publication in no time some more will come to clear and pave way for thieves to come out of the hiding places and be free again

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  4. Namulambe, Puma, Mpombo, Shakafuswa, you see your uncle is being mentioned as a culprit here. he is gone never to come from the grave to defend himself. equally gone is mukelebai. but we have caroline sokoni, and the imfamous letter which up to now the “good boy” george is still holding. can we have those contents of the letter as we know who was attorney general during kashiwas nolle’

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  5. # 3 of all the people you are asking the were abouts of kashiwa bulaya. Probaly on light on the death of Mukelebai mukelebai. I understand he wrote a letter that has never been published and a lot of money was paid to make sure the letter is not published or make known

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  6. Haa # 5 is this the same letter or another i have been talking about. Fred Mmembe has the letter but how he made the u turn on publishing it. Maybe this is why RB is on them. I think Fred Mmembe is more dangerus than Chiluba. This Chap has a habit of bulling head of state and at the end of the day they become friends and own plane and Zambian airways. Levy and the post plus Zambian airways has a lot of issues not made know let alone sipeculations

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  7. The story can not be complete without mentioning the fact that mukelabai was later to be found dead in his private room in south africa.

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  8. Ba Shushushu Vernon and RB are initiator of this article. They want to malign the rain of LPM. So Mpombo and Namulambe were right. You will not succeed u evil people. Ka Kafupi MMD are embrassing how many pipo vanished during his short man short rein or died in mysterious ways during his time?

    Here they are:
    1 Wezi. 2. Penza. 3. Paul Tembo. 4. All the key witness to Pual Tembo’s trial. 5.Dean Mungomba

    I invite the other bloggers to add names.

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  9. This is another dark side of the so called fight aginst corruption. It also brings out the amount of influence the POST had aquired under LPM and how they brought him in to be a tool in their battle aginst FTJ

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  10. #4 and 6, i very much know where kashiwa bulaya is and am reminding the author of this article as i read that the task force started losing cases like a pack of cards. I very much know why such articles are coming up. to swindle the unsuspecting docile zambian.

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  11. Mark Chona, Fred Mmembe and Mutembo Nchito with their pathological lying spirits have hands dripping with the b-l-o-o-d of innocent and selfless professional late Mukelabai Mukelabai taken in cold b-l-o-o-d.May the soul of that professional patriot framed and schemed to his death and the crying of his orphaned children by greedy liars reward the liars.

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  12. No matter how hard they try they can not deny massive plunder and looting during Chiluba’s reign

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  13. ‘Zambian Airways got K12bn without cover’

    …Development Bank chief tells Public Accounts Committee

    ZAMBIAN Airways obtained a loan of K12 billion from the Development Bank of Zambia (DBZ) without insurance cover on pledged assets, contrary to the disbursement procedures, bank’s managing director Abraham Mwenda has said.

    Appearing before the Public Accounts Committee (PAC) in Lusaka yesterday to explain the irregularities in the Auditor General’s report for the financial year ending 31 December 2007, Dr Mwenda said Zambian Airways obtained the loan without insurance cover.

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  14. Mbabala Member of Parliament (MP) Emmanuel Hachipuka (UPND) chaired the parliamentary committee and Dr Mwenda appeared in the company of acting ministry of Finance and National Planning Permanent Secretary Jacob Mulenga.

    He said during the year under review, DBZ gave out three loans amounting to K23,059,366,000 paid without security perfection in that they had no insurance cover on assets pledged as collateral and Zambian Airways got K12 billion.

    Dr Mwenda however, could not remember the other two beneficiaries saying he could only recall that Zambian Airways was among them because the matter was currently before the courts of law.

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  15. But Luena Member of Parliament (MP) Charles Milupi (independent) questioned how Dr Mwenda could only remember Zambian Airways arguing that he was attempting to hide some information.

    “If we had a specific question, we would have brought the details of the others. There is nothing that we are trying to hide here and given the time, we can avail the details,” Dr Mwenda said.

    Auditor General Anna Chifungula said her office has the details of the other two and promised the committee that she would provide such.
    Dr Mwenda also said that he was ready to avail the names of debtors to the committee.

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  16. Another Article from Plot 1 trying to discredit Levy’s legacy!Its got all the makings of state house who are trying so hard to protect FTJ.The bottom line is that the short guy was a plunderer and trying to paint his image from black to white will not work coz we know him for wat he really is, a Dribbler and Manipulator!

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  17. Dr Mwenda told the committee that no punitive action was taken against the bank employees that were behind the disbursement of such colossal sums of money apart from them separating company from DBZ.

    He said this after Kabushi MP Lombani M’sichili (PF), Lukashya MP Alfreda Mwamba (PF) and Bweengwa MP Highvie Hamududu (UPND) wanted to find out if any action was taken against the officers for such a gross anomaly.

    “No punishment was meted out for this spillage as none of the officials that dealt with this note are available in the bank. We are all new management and we have put in place measures to stop such,” Dr Mwenda said.

    There were no external forces that could have led to the previous management overlooking banking procedures and offer loans without insurances.

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  18. Dr Mwenda told the committee that even when he was being interviewed for the job in 2008, he categorically informed the interviewing panel that he would resign if there was any interference from whichever quarters.

    He said this when Mr Hamududu and Isoka West MP Paul Sichamba (MMD) asked him to state whether there was any interference in the operations of the institution.
    “I can confidently say that there was no invisible hand and when I was applying for the job I said I will resign if there will be any invisible hand,” Dr Mwenda said.
    He however, assured the committee that the bank had streamlined its pre-disbursement procedures as well as perfecting the outstanding loans disbursed in 2007.

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  19. Cheap propaganda. Unfortunately, it is speaking evil of the dead. This is highest order of dis respect to Levey’s legacy and his fight for corruption let alone disrespect for the dead. This is un african. The author must be brought to book for such lebell. I hope the young man Patrick, son of LPM will bring the author of this article to book by attempting to bring the name of Levy in disrepute. May his soul rest in peace.

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  20. Veteran, aviod cut & paste please! LT please can you inform us the author of this article that you picked up from the Times? where are journalistic ethics, writing libelious articles with nameless authors!

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  21. #25, Manomano, I agree with you totally, this story makes very sad reading, you would think you are reading a novel or some fiction. It’s sad because one would never even dream that all this is about Zambia and it’s top leaders. The crooked involvement of the late Mwanawasa and Chiluba in all this sums up how our country has failed to find dedicated and selfless leadership at State house. When many highly qualified Zambians just disappear into thin air and die mysteriously makes the Italian mafia gangs’ operations look like child’s play.
    The only consolation right now is that this case and many others will one day, no matter how long it takes be revisited and JUSTICE will be served.

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  22. Nom de Plume Dot Com # 28 I partially agree with you in a way. However the problem is of late we Zambians wait for “Justice” far too long, beyond our life span. We need to react quickly because some of these crooked pipo will pass on and since they will as it stand never see their day in court, they will die heroes apart from LPM who did some damn great things but some i.e Chiluba’s straight forward case taken more than 7yrs. The wife found with a stolen item given to her by FTJ, but they let FTJ free. It;s a circus. Until we have NO sacred cows and we treat all equal, it will be a fallacy to hope that political heavies will be convicted if such are aligned to the one governing. FTJ / RB Matrix. Twafwa kunsala neshi Mpupu

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  23. #19 sum guy and #26 free at last let us cultivate the culture of having an open mind.You will miss out a lot if you allow yourself to have an inflexibl attitude.I dont support FTJ and i pray that one day he pays for his sins.Nor am i a fun of RB.But their are issues in this story that cant be ignored.In my view LPM was a victim of manipulation.If we ignore some of these issues as a pipo we are destined to repeat the same mistakes.

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  24. This article brings to the fore the power of the Journalist. Legacy(MHSRIP) was put on the back foot after he was told of the various infor the Post had over his shaddy dealings. He fell on the sword and the rest is what is coming out now. Mukelabai(MHSRIP) was a gentleman, very unassuming and loved his job. He always said he wanted to be remembered as the longest serving DPP! This article is a blow to alot Zambians that believe in the rule of law and the respect of the constitution. LAZ went to bed as the Constitution was being shreded, but this is because the LAZ president at the time was Elijah Banda who as we all know is partner in MNB- a law firm owned by the Nchitos!!! The matrix of private prosecutors was borne of greed. In the long run, greed never wins!!!!!

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  25. It looks like the unexplained deaths still continues after the late DPP, who can explain the circumstances in which one of the tribunal secretaries’ life was claimed in an RTA in Livingstone last year? That was days before he was to testify in court in the biggest plunder cases the country has ever had. Then came the ‘aquital’, one day the bottom will drop out!!!

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  26. The Mafia are at work here. They are using this story to discredit LPM. How can someone in their right senses try to defend thieves? This story is repulsive to say the least. Luckily, sensible people are able to see through it.

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  27. It looks like Mukelabai Mukelabai was cleared to silence the DPP’s office. Now the same method is being used to get rid of Mchenga.

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  28. Ba Blue Blood please.Mpombo refers to pipo like you as having defective analytical skills.Read between the lines.I personally do not support FTJ and he should pay for his sins but their is something in this story which you should not ignore.History is too short for us not to appreciate the contents of this story.What is important is that the new regime should deal with these issues professionally.

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  29. LET LPM REST IN PEACE PLEASE! ITS A WASTE OF TIME AND RESOURCES! NO MATTER WHAT THEY SAY ABOUT LPM, IT WONT CHANGE THE POSITIVES THAT HE ACHIEVED!

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  30. Sata’s lies robbed Zambia of Dean Namulya Mung’omba and destroyed the health Prince Nakatindi Wina while Mark Chona, Fred Mmembe and Mutembo Nchito lied into the death of Zambia’s finest legal brain Mukelabai Mukelabai.All these with their pathological lying spirits have hands dripping with the b-l-o-o-d of innocent and selfless professional late Mukelabai Mukelabai and Mung’omba taken in cold b-l-o-o-d.May the soul of these professional patriots framed and schemed into their death see these liars the consequences of evil. All Children of the late are crying orphans at the hand of greedy liars moving with a curse of murder. Whatever these criminals do has human b-l-o-o-d.Their sins will soon find them with anguish.

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  31. …so if Mwanawasa was wrong then Banda must do it also ? people what double std s here. we learn from mistakes and we are not going to be fool by the secret service into thinking that if Mwanawasa was wrong then Banda must do it and get away with no. and no again . we are a learned people now that’s why we will not let this Banda take us for a ride . away we go Babylon your kingdom is falling. jah Rastafari

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  32. very sad we write about some people who are not here to defend themselves. i think most of us know who is telling lies. we can read in between the lines. we know all our politicians. we know who is telling the truth and who is lying. we can’t be cheated. i should say the article makes sad reading.

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  33. What a story do we need a todler to translate this or that?this is death story that will never have those that are dead to defend themselves. :((

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  34. Shouldn’t his name be Mukelabai, as opposed to Mukelebai. Actually Mukelebai is a Bemba corruption of the Lozi name Mukelabai.

    Good Article though.

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  35. May his soul rest in peace. His stand was not in vein. Mwanawasa and his group were thieves, we will prove this for Mukelebai Mukelebai and Zambia’s sake

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  36. Hi,Mulalaba bwangu,Mutembo Nchito and Fred Membe were condemnig the short crook and somehow they also benifitted from the privatation by aquaring zambian airways. What a shame! They say chiwamina garu.Nchito was incorparated in the task force by Mukelabai but see what he did to him?Lets wait and see,you will be supprised one day to learn that the most crooked zambian presiden tthe country has ever had was LPM .M.H.S.RISE.I.P

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  37. Hi,Mulalaba bwangu,Mutembo Nchito and Fred Membe were condemnig the short crook and somehow they also benifitted from the privatation by aquaring zambian airways. What a shame! They say chiwamina garu.Nchito was incorparated in the task force by Mukelabai but see what he did to him?Lets wait and see,you will be supprised one day to learn that the most crooked zambian presiden tthe country has ever had was LPM .M.H.S.R.I.P

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  38. This is LPM speaking from the, most of you Zambians can not believe that I am a dribbler more than FTJ cos most you lack wisdom( failing to make sober judious judgements)

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  39. At the end of the day,we all will realise in shock that the so-called legacy was that of plundering this nation in a highly ochestrated move!Chaps at some tabloid,at law firms,including muwelewele became stinkin rich from the task force!Nevertheless,the real masters of zambia`s destiny are the citizens.Ladies n gentlemen,we need to advocate for rea change!Not the one Kafupi falsely promised!That little crook!!If more young people could be conscietized,if we could demand that we want to have more civic education in schools…many people will become aware…of their political and many other rights,they will hold their elected leaders accoountable,they will think b4 casting their ballots…as opposed to voting for a chap who buys u chibuku..or offers some chitenge…and the like….

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  40. This is only a tip of the glacier. There is a lot that we are yet to hear . Levy did not have a clue about fighting corruption. RB today is apparently in some Levy created mess. In my view Levy did not do anything that resembled improvement in good public governance.He was a total failure that wanted to make the world believe he was God’s gift to Zambia. For this reason I sometimes think Banda is a more stable and mature individual who needs the support of all of us so that we can help him concetrate on developing the country. You must strive hard to eliminate the Mmembe and allies factor. Which is alarmingly misleading to the uninitiated that take all that Mmembe says as gospel.This country can’t afford to regard the Banda years as wasted years. The man needs to be helped to focuss.

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  41. See thru,i agree with you on Levy and Mmembe.I personally think Levy failed us lamentably on the making of the new constitution!Being a lawyer,i thought he would agree to a democratic constitution which would be more stable…and offer a solid foundation for the Zambia we seek to construct.Mmembe likes to style himself as a know-it-all..but i think he isn`t,and people shud notr believe evrythng he posits.
    Banda…he hasnt shown me the gist of his presidency,and so i give him up2 2011 to show me otherwise.We need a 21st Century thinker if we hope to sit at the high table of world leaders.Zambia is a rich country,only that we choose t believe “their” lies that we r poor.We just need right-thinkng people in the right places and reorganise our priorities.

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