By Elias Munshya wa Munshya
Zambians were told that the reasons why the Attorney General Hon George Kunda, SC sued Chiluba in London were to reach him where the Zambian courts could not reach. Kunda and Mwanawasa alleged that Chiluba had stashed millions of dollars outside the Zambian court’s jurisdiction. And for the government to confiscate those millions they needed to use a European Court; and England was their natural choice. They told us that once they obtain the judgment in England, it would be enforceable in the whole of Europe and as such, they would bring back Chiluba’s stolen millions from Belgium, France and Switzerland. That sounded like a very good plan.[pullquote] Here is the lesson, if you want to get money from Chiluba, which you tell us he has stolen, please do not go to London. Instead go to him in Kabulonga[/pullquote]
Another reason they went to London, we were told, was that the Zambian government was not confident of getting back the money if they had used the Zambian courts. They had both jurisdictional and competency problems with the Zambian courts. They averred that Chiluba’s matrix of plunder would be too complicated for an average Zambian judge to comprehend or even handle. That was the reason why they had to look to England and not Kitwe or Chipata High Courts.
And indeed they got that judgment. Honourable Mr. Justice Peter Smith of the London High Court gave his famous legal ruling. He crafted it in the most arduous language you can ever find in a legal document. Anxious to put himself in the annals of history, he found Chiluba liable to pay back the government of Zambia millions of dollars that he had stolen. The Honourable Smith in his judgement even mentioned that the suits and the underwear Chiluba had purchased were all acquired from public funds.
The question of how far that judgement actually has helped Zambia to get those millions from its jurisdiction in England and Europe still remains unanswered. How much money has actually been collected in Europe from Chiluba’s fat accounts in Switzerland and Luxembourg?
But the confusing thing is that after the London judgment, the Zambian government altered the story. This was either they could not get the millions in those accounts as they had alleged or there were no such monies in those jurisdictions in the first place. Suddenly, instead of using the London judgment to obtain Chiluba’s stolen millions in Europe, they now felt it was prudent to use the same London judgment to come and get Chiluba’s millions in Kabulonga. But in order to do so, the reverse of why they went to London must be done. They went to London to obtain a judgement to use in Europe, but now they needed a judgement in Lusaka to use against Chiluba in Kabulonga. And in their legal recklessness, they felt that instead of commencing new civil proceedings in Lusaka or Chipata, they advised themselves to use the same judgment from London—only that this time around they would look to direct legislation to enforce it. But in order to do so, for want of jurisdiction, they had to have the Lusaka High Court rubber stamp the London judgement.
But rubber stamping is exactly what the Lusaka High Court has refused to do. Even a grade 4 boy can tell you that what happens in one home cannot be transferred and effected in another house. Courts do not generally like the idea of being trampled over by another court from another jurisdiction. This is so especially in the post-colonial court system where former colonies are trying to assert their judicial, jurisdictional and legal independence from their colonial masters.
Essentially then what the government was trying to do was to register a judgment and give it legal effect by using the same courts that they had despised in the first place. Consequently, the Zambian High Court would not tolerate such judicial colonialism because the Lusaka High Court is not and will not be a department of the London or the European Courts, especially in civil matters.
By so asserting, Mr. Justice Hamaundu has demonstrated the fact that we would rather have injustice done by ourselves, than justice served from London. Injustice in Lusaka is rather by far more preferable than justice served from the doorsteps and the gravel of Mr. Justice Peter Smith. The London judgement was alright in so far as it was obtained to take the money that Chiluba had taken to Europe. But beyond that, it had the potential of being a tool of juridical colonization. If the Zambian government was serious about getting Chiluba’s millions in Zambia they should have commenced legal proceedings in the Zambian court system. They should have trusted the Zambian courts to come up with a fair judgment. But if they mistrusted our courts and insulted our courts and poured contempt on our learned judges why should they now turn around to try and get the same courts to recognise an imperial judgement from London? There is one old rule that says that you cannot have your own cake and eat it too. In other words, “Cimbwi afwile intaangalale”.
Someone may argue that the courts are very much influenced by politicians, and this judgment is simply because it is not Mwanawasa in power. Well that explains the very reason why the corruption fight has ended so miserably—it is because it was Mwanawasa’s and his alone. As such, Mwanawasa lost this fight the day he decided to go to London to have justice done on Chiluba who lives in Kabulonga. Here is the lesson, if you want to get money from Chiluba, which you tell us he has stolen, please do not go to London. Instead go to him in Kabulonga and get it, or rather go to the Lusaka High Court or the Chipata High Court and commence proceedings from there. But unless you are sure about the proverbial Swiss Bank Accounts, please do not go to London!
The writer of this article is very ignorant. The court case in london was brought against chiiluba not because of the reasons you stated but because Chiluba committed a crime on their soil. Chiluba was using Uk solicitors to launder his money and thats a huge crime here. He was found guilty and even the people he used to launder the money admitted their guilt. They just didn’t pick a court out of the blue like you insinuate, chiluba is a criminal and under observation in europe. This incident has just shown how zambian courts are pointless and useless to the ones in power
Chiluba is a thief. period a LAZO, UMUNgo, IMPUPU, KAWALALA. PERIOD. He was found to have stolen the money from us Zambians, our wealth. No one can support his action. Now I support what #1 has said above.
The writer should be very ashemed for exposing his ignorance in such a child way of thinking. please learn to follow issues critically and if you dont understand; ask people who might be in a position to know the truth. we have a lot of competent lawyers who fully understand such issues. please stop exposing your ignorance coz i can see in your very poorly arranged naration that you totally know nothing!!!!
The writer of this article is a well-informed person! I argued the same way when the vindictive lawyer took this case to his cronies outside and threw away morality even before his death. Zambia is a soverign nation and it cannot stoop to any outside force! No country can do that! We could have been a laughing stock for years if Judge Evans Himaundu had allowed that to happen! Viva Judge Evans!
Pathetic article full of words but no substance. What do you expect from Lusaka Times writers/
The writer of this article is a well-informed person! I argued the same way when the vindictive lawyer took this case to his cronies outside and threw away morality even before his death. Zambia is a soverign nation and it cannot stoop to any outside force! No country can do that! We could have been a laughing stock for years if Judge Evans Himaundu had allowed that to happen! Viva Judge Evans!
The money Chiluba stole ,as I write, is in his pockets. Search him, you shall find it. Then decide to give it to the Zambian government or pocket it yourself and the circus goes on.
# 2. Did he steal in your mother’s house? Do you have evidence?
Good analysis Man!
I also wonder why Mwanawasa if he was really serious failed to bring to court any of the cases he mentioned in parliament but in stead brough in court first the meager US$500 million (against billions of dollrs paid to Taskforce) and secondly a civil matter in the London court. What happended to all those cases he mentioned in Paliament because he was very confident that he had evidence. Mwanawasa was just a JOKER!!!!
Wake up Zambians. Chiluba may have stolen but the motive behind the recovery thru Mwanawasa was impotent.
# 4 you are missing point here, the issue is not soveregnity but rather the evidenced that was presented in the london court which proved that the second RP was guilt. The law is standard and regardless of were the case is head justice should prevail. If you kill a person in London and you found guilt when you are tried there, why should the issue of sovergnity comes.
The author has missed the the boat by a river, he’s not as smart or knowledgeable as he would want us to believe. The reasons he’s given as to why a Zambian court can’t register a foreign judgment are neither here nor there. As has been said, there has been interference in this trial, anyone can see that. The problem that the local courts have made is that they made a mistake to pronounce chiluba innocent from the first time so any subsequent judgments have to be inline with the first judgment, in the process tarnishing their image even more. Come to think of it, isn’t our legal system based on that of the British system in the first place for the author to claim that we are completely detached from British law system?
If money was not stolen, then who pays the bill for proceedings?
…so Mr Elias Munshya wa Munshya, if I was found to have committed a gross crime in a foreign land, say England, against the Zambian people but which the Zambian courts had failed to convict me due to several reasons such as logistics, costs involved in trying to pursue me, etc, would I still be a free person here in Zambia?
it hurts to spend money and you go on the website only to read an article full of s.h.i.t!!! this s.u.cks
slumdog DO NOT LIE IN PUBLIC. chiluba was not found guilty of any crime in the UK. The london case was a CIVIL case brought by the zambian government to collect money allegedly stolen and placed in uk bank accounts. however, they found no such monies and hence they cam back to zambia to try and register the claim. in fact those lawyers you claim were found guilty appealed and won their case and were compensated with 3 million pounds by the UK Courts of Appeal. Judge Smith is no longer a judge as he has been found wanting before and the FTJ case was the last straw
Can someone explain to me why lawyers study and use foreign cases … and judgements are based on precedents from those same presidents?
Can someone explain to me why lawyers study and use foreign cases … and judgements are based on precedents from those same presedents?
#4 Ask yourself this question . If a criminal from lets say from China was caught murdering and stealing on zambian soil. If this individual was caught and tried in zambian courts would that be impeding on his sovereign nationality as a chinese? Since when do criminals that commit acts get tried in their own countries rather than where the crime occured. Chiluba broke the law in the country where he was tried . These ramblings or colonialism are just a smoke screen to hide the fact of the matter. If chiluba hated colonialists why did he run to their countries to hide his money., if he was such a pan african
#15 The case is available to view on WESTLAW and lexis nexis, as I am looking at it still stands. If you don’t believe me google Attorney General of Zambia v. Meer Care & Desai. All the evidence of the case is outlined in a clear fashion, the case was on appeal to the court of appeal and the judgement of Chiluba being guilty still stands. As you can see the only liar is you because this information is publicly available not only that one of my tutors was part of the counsel.
#10, Tha law is an a.s.s especially international law. As you know Polanski escaped justice in the US where he is accused of violating an under age (13 year old) female. The Swiss Government has refused to extradide him to the US and Polanski continues to enjoy his fredom..
Chiluba is not, and has never been guilty of any crimes. There are no guilty verdicts in civil matters, and he was cleared by the Zambian courts in the criminal trial. Look at the case of OJ Simpson. He was cleared of the murder of his wife in the criminal trial but found liable for her death in a civil matter. THERE IS A DIFFERENCE.
I thought it was a CIVIL Judgement and not CRIMINAL and the standard of evidence is low in civil matters
Let Chiluba live his life he has gone through alot hate will not take you any were more over this was a personal issue between Mwanawasa and Chiluba which some people have failed to understand.
Task Force Misappropriated K1 trillion-Audit report
The latest Zambia Auditor-General’s report indicates that the Task Force on Corruption set up by Late presdent Levy Mwanawasa misappropriated in excess of One trillion Zambian Kwacha.
Full details of the report will be published here in a few hours.
Current president of Zambia Rupiah Banda is on record claiming that the lawyers who were attached to the dissolved Task Force on Corruption were paid US $13 million to prosecute former president Fredrick Chiluba over allegations that he stole US$500,000 public funds.There has been an outcry to have the Task Force audited.
Check this space later for details of findings by the Auditor General.
I have read the article half way, thought it was getting more and more s.tup.id as I progressed. Zambians should deal with Chiluba Issue or any other consecutive plunderers as they deem fit. Vigilante approach can be an options if Zambians chose it (human instinct for social justice should be preserved). As we debate all this Magabe is a criminal, as is portrayed, committing more ‘crimes’ in league with British Whitehall and other ‘dealers’. Chiluba did the same then they ditched him to turn against him. I don’t think RB has penetrated their circles which is why he has turned to Chiluba for ‘expert advice’. Ignore the non codified British law which has room to changes things as is convenient and come up with the Zed way to curtail these robbers. Zambians are better than this!!
For the record people saying there was no criminal element in the case I suggest you read the case. The defendant MEER CARE & DESAI(chiluba’s lawyers) were found in breach in Money laundering regulations from teh Solicitors Regulation Authority and Serious Fraud Office.That is a criminal matter and can land you in prison. These are the lawyers chiluba used to divert money from the Zamtrop to his swiss bank accounts. This is why chiluba is a criminal , Laundering money is a criminal act in any country
I think I have liked this article, when you read it, its got like a message. Bauze boyi
@ Hello Slamdog Shalapungu, on this one I agree with you 100%. I shall not add anything to your statement.
This is a short lived freedom. No one is convinced that Kafupi did not steal. Its just the judge’s opinion that kafupi is a free man. I can see people bringing this corrupt end to this case again and again. Its also surprising that Kafupi has fully recovered from his heart problems.He seem not to be taking those famous trips to SA anymore. If kafupi is a free man after stealing so much from the poor country like Zambia then I do not think it possible to convict anyone of having stolen from the government coffers.
Then again Viva justice, Nkole and Eastern after further study you have won me over. There was malice in how mwanawasa handled this case. We all know Chiluba stole, but had they taken matters the correct way his behind would be paying us our mula back. As for something else, if Chiluba at one point trully repented God shall protect him from the devils schemes; he needs to apologize to the nation for selling our asserts and liberalising the economy totally.
Good article Elias…let FTJ live and enjoy life…let him serve his God who redeemed him from the kingdom of darkness & into the kingdom of His Light.
Judge Hamaundu thank you, a lesson has been learnt what ever comments you may pass they will not hold any water and probably the LAZ’s meeting with Attorney General will just be over a cup of coffee and nothing else. As soon as we learn to appreciate and respect our own judicial system the better. I know most of u chaps will always base your comments on your likeness and not exercise fairness and natural justice. May I also thank all those that have been positive in their comment pls continue to teach u through your positive and well articulated issues
Can we register the case with the Hague so that an international arrest warrant can be issued for this rat.
Hopeless and lacking depth this piece
I detest colonialism with every fibre of my being but Chiluba is still a ka dirty, shameless thief
Nothing will ever change that fact.
When Levy saw the euphoria and rapture in the county each time Fred M’membe called Chiluba a thief, he partly used it to drive momentum for his support. In other words this was also political move from Levy’s point of view. He wanted to be his own man after being had hand picked by Chiluba
Yes, Chiluba via Xavier Chungu stole the money that cannot be denied. As lawyers, George Kunda & Levy failed to do their home work from the start.
Levy had good intentions to strip Chiluba immunity which led to all these explosives that have transpired. However, Levy did play politics to gain street and foreign popularity, especially from the donor countries. And the air waves were very good for him, especially from the EU Countries……
….. The irony is that the chaps that had bungled this entire case were a bunch of Lawyers. Thus, Kunda, Mwanawasa and all those other lawyers those were on the advisory committee at State House.
Levy should have used some State Draconian Rule by locking up Chiluba. If he had locked up Chiluba, he was going to talk and negotiate the offer that was on the table from Levy to return part of the money. Besides, the immunity was removed and Chiluba had no defensive mechanism to play with.
…..Mind you, when Levy went into State House, he found stolen money left by Chiluba belonging to MMD Party. This is the money that he Levy kept and used to run his campaigns. Therefore, Levy was also guilty to some extent of using that money. If he was honest person, he should have handed that money to the state but he did not have the guts.
Set a thief to catch a thief. Fredrick Chiluba was once a bus conductor, I believe only the Kaponya’s government can catch him next year.
This judgement is so clear, very simple and straight forward, no legal jargon at all. If Judge Hamaundu was wrong, even a PF kaponyax would challenge him on a point of law. But the Judge is absolutely right on this one. Just think for a moment if you were the accused, and the Judge decided to ignore the law and register the London judgement, how would you feel about the law in Zambia? We must learn to respect the law as it is just about the only thing that is blind, well as blind as possible. A few years ago the law saved SOMEONE from the gallows for theft of motor vehicle, that someone of course is none other than kubwata bwata PF=Mr. Sata (Master of Ceremony at funerals, 90 day economic miracle specialist), why shouldn’t the same law save Chiluba, or you and me if we are innocent
There was never any $500,000 stolen (Lusaka criminal case), and there was never any $46million stolen (London civil case). That is what the law has said, period.
I find this article very humorous.
Confusing article ……8-|
40 # Hamaundu.
100% agree with you. The Judge made it simple and straight forward. No Case and No Law to back it up. Chiluba did siphon some Benjamin’s ($ Dollars) from Zambia. But if Zambia cannot prove it then it’s just a dead end. Unfortunately that’s how the law goes. If the case was in the Western Countries, it could have been dropped a long time ago.
This is the reason why The Post failed to bark very loud in the today’s Editorial. They have meandered a lot in the article today.
The only winner from all this is Nchito who was paid some outrageous amounts of money as a Private State Prosecutor. And of course Chiluba himself and Big Mama Regina.
Well we Zambians have learnt a big lesson from the whole saga.
slumdog are you saying chiluba was found guilty of a criminal case by the london high court? NEVER NEVER. AG sued for the monies allegedly stolen which up to now they have failed to prove. even the 46 million has not been recovered because there is no 45 million dollars. please be serious. even the Post knows it was a civil case hence their desire to register the judgement through a civil act and hamaundu says we have no such provisions in our laws. it is simple as that. slumdog meer and care won their appeal and you will find it on the same website
exactly eastern province. chiluba was SUED BY GOVT IN A CIVIL CASE. HE DID NOT FACE ANY CRIMINAL CHARGES IN THE UK. HE HAD A CRIMINAL TRIAL IN ZAMBIA. LONDON JUDGEMENT IS SIMPLY A RED HERRING WITH NO EFFECT ON CHILUBA’S FREEDOM. IF IT WAS REGISTERED ALL THEY COULD HAVE DONE IS DECLARE HIM BANKRUPT AND TAKE AWAY HIS PERSONAL ASSETS BUT HE WOULD STILL BE ELEIGIBLE FOR HIS PENSION WHICH CAN ONLY BE TAKEN AWAY IF CONVICTED OF A CRIME, WHY CANT YOU UNDERSTAND ELEMENTARY LAW? SLUMDOG GO BACK TO SCHOOL THATS IF YOU HAVE BEEN TO SCHOOL
I dont fuc.king care what is being said here, chiluba nikawalala – look at most of his leutenants are convicted of corruption, syphoning money out, his Numero Uno intelligence chap was in prison, his finance minister convicted, etc etc. what proof do you want? There is no way a head of state could claim innocence when his finance minister (katele-lightening) is a convicted thief! The dwarf is gonna go in, its a matter of time, he can smile exposing his rotting teeth for now!! Some of you chaps saying the dwarf never stole, you have no idea how much suffering this mongoose has caused in the nation.
Remember the power that mobutu sese seko wielded in then zaire, guys stealing poor people’s (taxpayers’) money is the worse evil, all those who done it have never gone unpunished. I say its a matter of time. Remember KK was investigated by scotland yard from Jan to June 1992 – investigations yielded zero, it was just vindictiveness of this dwarf, now kalila ati he is being persecuted and yet kanaba ndalama zaziko nakutungisa tuma size midget suits, silk bambas and nkokolo (which cannot be sized up by any adult except him). He will go in, he will serve jail, he will pay for his crime, he will suffer and he shall die a pauper period.
Brilliantly written. Excellent example of homegrown Zambian expertise that should be well regarded and rewarded instead of outsourcing our legal process and exporting jobs and self-respect in the process. Thanks to the author for these thoughtful insights.
Zambia & Corruption
I just took a look at the Levy Mwanawasa Foundation website and it has some good information! levyMwanawasaFoundation.com
I kind of like the article… to you critics ,… pls write one and we will read it objectively…. Elias keep it up.
Mr. Shalapungu
Money laundering? Is that a new or overlooked charge against Chiluba that slipped out of Lord Smith’s spectacular attention? If that is so then, I wonder which other Justice could be capable of sealing such holes? Perhaps you sir!
Another has accused the author for faking aptitude and intelligence entirely out of what is an honest and straight forward opinion whose points anchor entirely on adduced evidence. Well, how often do we hear of such unjustified attacks on authors whose only crime seem to be their abillity to convey simple deductions articulated sturdiciosly.
Put simply, why should we borrow the mind’s of others when we have our own? Why should we disrespect our own moral judgement on our own affairs prefering the ‘high’ opinions of those who have no clue…
The writer of this article is simply dull.However,it would make good reading for a GRE exam because the writer’s faulty assumptions are so obvious to point out smash and them down!
Well done Munshya. Chiluba has been let off on a technicality. He may or may not be guilty. But we should never use non-existent instruments to fix people. The US and the UK have an extradiction treaty but British courts have recently rejected extraditions of wanted persons in the US. Judge Smith’s judgement was more of a social commentary than a legal document. Chiluba could have been tried in Zambia, by Zambian laws and at a fraction of the cost. But Mwanawasa, Chiluba and others conspired to kill justice by sending Xavier Chungu on foreign trips in order to avoid revealing the ‘rigging’ of Mwanawasa’s election. Sorry to drag a dead man into this, but he started it when he let currying favour with The Post, steal his legal brain.
Can someone please leak the 1970 Finance Charter?
WHEN DID ZAMBIA’S PRESIDENTAIL PAY RATE INCREASE TO $1.5 MILLION AND ABOVE FOR CHILUBA TO BUY ALL THOSE SHOES AND SUITS?
ZAMBIANS YOU ARE SO FORGETFUL TO TRUTHS AND LOOK AT SIMPLE THINGS BEFORE THE BIG PICTURE.
CHILUBA IS A MAGGOT!
Very good & humorous article well done!!!
By the way what do we do now with all the millions of dollars spent on Fred Mmembe, Mutembo Nchito and his brother, Mark Chona and his son, Brig Gen Hakamangwe and his relations whom he gave Task Force supplies contracts without tender approval. Forget Max Nkole he is already sick and dying any way. In addition Fred Mmembe and Mutembo Nachito and Nchima Nchito stole money from Zambia National Airports Corporation and swindled banks close to US$30 million, why are they still left loitering the Lusaka streets? Remember Mark Chona and the Kenneth Kaunda loot he left off with? He also owes the liquidated Zambia Airways rentals in London when his late relative Auther Michelo was the Station manager..Bakabwalala….we know you.
Lack of Integrity,huma and moral standining,,,>! thieft wil never benefit Chiluba in any way.He will die a sorry man for sure. This is wat southerners shall never accept at all and the same Chiluba caanot set his foot in that holly land of SP else will skin him alive.
chiluba with Mr.Mwanza’s wife..in the eyes of God you are an adulterer you chaps..you stole our money and now you are grabbing other people’s wives..you will continue suffering..
Thats why i love our country Zed, Zambia the real Africa!
This article is superb………….the writer has just enlightened me on alot of issues that are real!
Ulishimbi iwe writer, thumps up!
:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-:)>-
Don’t lose confidence in the London court’s judgment yet. Not until they’ve ratified the work our National Constitution Commission (NCC) is doing. And why not have our V.P. also double as the Nation’s Attorney General? He’s true blue after all.
\:d/ the writer of this article is was born yesturday period. IGNORANT FOOL
Judge Hamaundu in the case of Reefcor Limited versus Les Generals Des Carriers Et and Des Mines Exploitation Gecamines, directly registered a South African judgment even though he found that South Africa was not on the list of countries from whom Zambia could ordinarily accept judgments. This was his own decision. And in law, a judge is not permitted to disregard his own decision because this is a recipe for judicial anarchy. But this is exactly what judge Hamaundu has done. What is even more worrying is that he tells us that he has scanned the law and found no basis to register this judgment, obviously he did not look at his own judgment which is part of the law. It would have been better if the judge had at least explained why he disregarded his own judgment.
Munshya and other like minded bloggers,
What’s your take on Hamaundu’s judgment regarding this South African case in relation to his opposition to register the Chiluba case in Zambia?
chiluba wilakana waliba sana chitole chobe
Lets be a bit analytical. Say what you like, just because the writer is agreeing with the Lusaka High Court judgement does not mean he is siding with Chiluba. He is bringing out crucial points. Do we want neo-colonialism in various sectors of our human endeavours? In fact the writer is advising government on the proper way to get back the stolen money from Chiluba. And why are we ignoring the George Kunda factor?
Kim Roach is money?? She??s helped me make a lot of it, too. There are so many great marketing gems in this blog post.