Local Government and Housing Minister Nkandu Luo on April 16, this year signed Statutory Instrument Number 23 of 2012 banning Tujilijili and liquor licences for 15 companies.
But the companies through their lawyers Siakamwi Chikuba, Ronald Hatoongo and Noel Siamundo from AED Advocates challenged the minister’s decision.
They had filed a notice of application for leave to apply for judicial review which High Court Judge, Dominic Sichinga Sichinga has since granted.
Justice Sichinga however,dismissed the application to stay Government’s decision to ban the manufacturing and supply of the high-potent spirits packaged in sachets, popularly known as Tujilijili.Leave for an application for judicial review has, however, been granted.
In his ruling, Mr Justice Sichinga said though he had granted the companies permission to go ahead with the judicial review, the same would not work as a stay.
“Upon hearing counsel and upon reading the affidavit in support of the application for judicial review, leave is here by granted. The same will not operate as a stay against the minister’s decision,” Mr Justice Sichinga said.
Before Mr Sichinga granted the application, Mr Chikuba had argued that the 15 companies were affected by the minister’s decision of revoking of their licences which were issued in respect of manufacturing, importing, exporting, and selling or supplying of liquor.
Mr Chikuba said his clients were holders of investment licences granted by the Government and were also employers of more than 2,000 workers who would be affected if the ban went ahead.
He said the minister’s decision was ultra-vires and beyond the powers vested in her.
“Our contention is that the Liquor Licensing Committee is the body bestowed with powers to revoke or cancel any liquor licence but the minister went beyond her powers under 5.53 of the Liquor Licence Act by cancelling the applicants’ licences,” Mr Chikuba said.
He argued that although the same Act gave the minister powers to revoke any licences, there were procedures outlined for revocation such as giving notice to the companies affected, but this was not done.
Mr Siamundo said even where notice was given, the Act required that the rules of natural justice should be upheld by giving the affected companies an opportunity to be heard and also to show cause why their licences should not be revoked.
“We submit that the minister had no powers to revoke all these licences as she is not the issuing authority and this renders her decision illegal, improper and unreasonable,” he said.
Mr Hatoongo said his clients’ legitimate expectation was breached by the minister’s decision as they had the right to be heard in conformity with the provisions of the Liquor Licence Act.
[Source: Times of Zambia]
You have the right to be heard of course. However, we will not stay the execution of the statutory instrument sighned by the Hon. Minister, banning the production, distribution, marketing and selling of Tujilijili. You can relocate the equipment you acquired for the sole purpose of producing these toxic liquor or better still, start packaging cooking oil using the same.
Thank you, another wise Zambian posts first. We need to fight terrorists of Zambia whether outright persons or arbitrary ones.
Now we are reasoning as Zambians. This stuff has taken more live in such a short time than AIDS did.
Guys please not tujilijili again. Just from a few days of not consuming this beer pipo have started looking handsome. Bus conductors and drivers are sober. There are fewer insults in town. If we for years without tujililjili there will be more productive and healthy pipo every place. Those 2000 jobs came be created in a better way.
Tujilijili lawyers ka? Am lovin’ this….!! Quite hilarious.
Tujilijili legal argument at best!! They have solid grounds for judicial review. The Minister abused her discretion. This is interesting…
Let this issue be resolved in an amicable manner . You see when you do business there are certain commitments and when you close down abruptly it will be a total chaos because you were denied an opportunity to honor your commitments and also there are other spin off effects which only people in this business would understand and felt. Other side of the argument is public health which is also equally important hence all manufacturers and distributors should welcome the ban at the same time they have the right to request the grace period to wind up the things and to switch over to other businesses or they can sell off the machinery . Hence my feeling is grace period is legitimate claim for anybody in the business good or bad to settle the commitments.
People have spoken, this time its peoples power which the minister followed.This Tujilijili have killed alot of boys and men.
Mary we missed your wise contributions.
I saw the level of disaster these sachets have done and I am hoping and praying I can help my brothers and sisters who I saw and met that have become so addicted it’s not fun anymore. Lives of people are being wasted at mac 5. What of my nephews and nieces! They have become so violent you need to defend yourself once they take these devlish drinks.
Give MotherTansintha aka Minister Luo a dose of tujilijili …maybe she will think better.
Kadansa are u crazy?wat the professor did is good she is acting as a responsible mother looking out for her children.haven’t u noticed how badly these tujilijili have affected zambian pipo.do u really live in zambia or not??
The same rules of natural justice demand that a general citizenry may rout out any social ill that is endangering the moral fibre or life of a given group. What common good can we find in that very anti social lubricant otherwise known as JILIS?
Ba LT please! is that the spelling of Lawyer?which school did you go to kanshi?ati laywer.I guess ba editor is high on Tujilijili.
Any business undertaking faces a number of risks and management has a duty to assess risk. The ban has been on the cards for years and a sharp manager would have started preparing for this day, the gear was even higher after PF won the elections. In your future endeavours, run your tuntembas on sound business principles.
The ban has been on the cards for years and a sharp manager would have started ……..
This issue has been there since the time they were introduced but no such discreet decision came up , not even in during the election campaign,though speculations were always there since its date of birth. These dealers and manufacturers would have been denied their licenses for this year but they got the license so what message these business people have got from Govt. ?
You will be deeply remembered for your simple look that most people mistook for weakness and like a true officer and boxer, you brought them down. You made us smile, dance to songs we didn’t know, most of all you gave us confidence to approach girls, our landlords, our haters and witches.
We will miss you for your humble price, your strength and portability.
Rest in peace jilijili aka fyantas, jilz, jilly power, ka 46%.
Killed in battle by our beloved government.
I guess you are very humorous person. I read your comment almost 5 times till now . Every time i read it I cant stop smiling at-least. i hope you are journalist
Hahaha, this is a fantastic urology for jiliz indeed.
So funny! lol…………….Approaching our landlords, ka? ha ha ha ha!
@First Gentleman: What? urology? Were you trying to say EULOGY…or you were actually referring to the tujilijili’s capacity to effect certain flows in the lower levels of the human body?
Academic indeed, by a teacher of proficiency. The devil they called utujilili personally I have nothing to fight against the terrible sachets. But I will fight to death to defend what’s right and the prof Nkandu Luo is right yet again and warned us about HIV and AIDS, for it has killed now millions of zambians.
we have set the laws as a guide to our daily business in life, so what we agreed upon in the law should guide us here. ‘mother tasintha’ abused her powers let that be corrected
Good idea to remove tujilijili. My children come home sober home and really happy. Please find another alternative and diversify to something better. This drug was too dangerous for our society. Luo check also the opening and closing of bars. We need sanity in our country. I do not support PF but I like the direction you took. You are such a bold woman.
Do Zambian lawyers ever refuse job cuts? Mr Sakwiba may not know what is good for the Zambian children by accepting to represent the Tujilijili institutions. Money is good, but lawyers ought to be careful when selecting their cases. Prof. Luo may not have followed the procedure, but how negatively does her decision affect the young Sakwibas? Zambia will be happy to get more lawyers from the Sakwiba family.
ONLY THE DEVIL CAN SURPORT THIS RUBISH BUSSINESS OUR CHILDREN ARE SPOILED THE PF GOVERNMENT DID A RECOMMENDABLE JOB, A GOVERNMENT THAT CARES FOR THE PEOPLE WE DON’T BUSSINESES THAT DISTROY THE NATION, ON WE GO FASTING AND PRAY HARD THAT IT DOESN’T COME BACK AGAIN NKANDU LUO
GOD BE WITH YOU YOUR REWARD WILL COME FROM OUR HEAVENLY FATHER THERE IS NO WAY YOU CAN TALK ABOUT A LAW WHEN PEOPLE ARE DYING, IF THE HOUSE IS BURNING AND YOU WATER DON’T WAIT FOR FIRE BRIDGATE.
How come all the lawyers representing them are UPND? Just thinking……Please help.
what a good analysis…it didnt even click in my mind until now…surely they are all HH…
The best way to resolve this issue is , let the Minister issue an oder to the Manufacturers of Tujilijili , that they should mix the content as a ready to drink like cocke. Reduce the alcohol content from 40 to 2 percent.What i mean is when i buy one suchet I can use it without buying a Mixer. When it is at 40% MOST OUR OUR YOUNG ONES donot even affort to buy a mixer like sprite to reduce the effect, so let the Tujilijili be mixed with a mixer by the manufcturer. Imagine how many families will be affected by empolyment drop outs. Does the Minister have a provision for the 2000 people affected as at now, two days letter the PF President says his goverment is to create jobs of 68% youths in the country when his minister is actually on the contrary.
No turning back on banning tujilijili! The ban stays! Whether these traders like it or not! The majority of the populace are against tujilijili! THE BAN STAYS! PERIOD!
I wish to react against those who are in support of Tujilijili. Drinking Utujilijili is like pointing a weapon yourself and then shoot yourself. Therefore, the banning of illicity tujilijili is welcome.
Why or why? I need answers.I know tujilijili became available but what about kachasu aka lutuku? Is this hypocrisy at its best? illegal brew or moonshine is quite common all over the world.Crack heads will always find an alternative and its available panabwalya.Cops send to arrest kachasu brewers, do not arrest them because they are patrons. Besides they also warn the brewers.I do feel somehow this was abruptly done.The best way could have been reviewing the price and limiting distribution to bars and clubs only.Even changing packaging like small vodka.
@ Dandy Crazy good point ba mwine
Have you seen bana bwalya packaging Kachasu in sachets think befored you tpe. When bana bwalya mass produces jilis then she too shall be shut down.
you paid lawyers Dont’ t say her decision illegal, improper and unreasonable. because you rich people not been drinking such tujilijili , so you dont know how harmful it is to our nation and society , people are suffering because of the same , the money which hard earned goes easily to these manufacturer and distributors , thats how the managed to hire you lawyers , dont work like paid bark dogs , learn once again how to respect people , more especially good ministers like LUO ,no negotiations to you guys, you deserve for this , we are now in new government , no more MMD , MMD is the party allowed more of you useless companies to grow and earn , Dont kubeba !!! leave your hands with full stink of money out of LUO , you will be punished by her , this is a christian country ,No alcohol:)>-
only fools only from upnd can support this.go go luo we support you.
:) i must say thatt i welcome the decision by the Minister to Ban Jili Power and all who are talking this Rubbish of her are useless.
What is in the interest of the public or a public good??? Tujilijili or no Tujilijili??? The rest are just details, lawyer, go find some other juicy case!!!
#15 Donchi, good observation, no Bemba Lawyer involved, I don’t think they can go anywhere.
The Tujilijili producers should just change the patent of those great innovation of sachets, from alcohol to something like high-energy drink or local-Viagra (traditional umutoba K).
If I may ask,what is good about Tujilijili? Is it about work? I would ask the government to find other means to help people. That lawyer is very stupid, he is fully aware the danger of tujilijili, just because of money he is saying rubbish and showing and example of a bad father he is.
My grand mother stopped preparing and sell our tradional spirit Kachasu years ago because too much raids by the police so now she sells vitumbuwas so diversify also!
#15 Donchi- you stand corrected my friend. Not everybody that has a Tonga sounding name or is indeed Tonga belongs to or supports UPND. I know Ronald (Hatoonga) personally, and I can tell you, he is anything but UPND.
Now about these killer jills, there’s no question. The governments decision to ban the manufacturing/distribution and sell of tujilijili WILL stay indefnitely. Of course, these traders who rightfully employed over 2000 people have the right to have their plight heard in a court of law. And we pretty much know what the decision will eventually be. The jill bombs were a nuisance…one wonders how they let this toxic crap even be manufactured legally for so long. Go to city center to witness the effects. Might as well legalize KACHASU then. Just saying…
some layers just defend any how live up you stupid lawyers of zambia pipo are die busy defending unnecessary things i wish you lawyers among the dead 1 was going to be your daughter or son how would you feel well done minster PF government!!!!
My nephew died of cancer of the colony last august 2011 in UTH as a result execcesive consuming of un diluted tujilili according to the doctors diagnosis, now the mother is suspecting innocent relatives that they are the ones who bewitched her son, there is chaos in the family right now,
I hope this TUJILIJILI THING IS BANNED FOR GOOD or we continue loosing our youths.GOD BLESS ZAMBIA
jili power………atleast allow us to be selling in stadiums only; wherever their is soccer….it raises our hydrenaline to cheer…….jils power made us support our national team to death…..VIVA JILI POWER..
you now see what happens when one is on jili juice influence, ati hydrenaline lol.
what is the whole point?
I agree with the Minister a 100%, this is the best decision she has made so far. Zambia is once again normal. Those who are as old as I am remember that Kaunda cried because of Zambians bad drinking habits.
Tujilijili lawers defending
At least now people in Africa and world over shall begin removing the drunkard tag off us Zambians.
what is wrong with Zambia..some judges are sick in their heads..when you need to make rational decisions you decide to go irrational..?even the so called lawyers.yes you guys are in it for money but how many chaps are killed everyday!
Useless lawyers! What are the long term effects of legalizing that liquor? You will be answerable before the creator for indirectly causing harm to creation.
Does anyone think the lawyers give a toss what happens to the zambian people. First and foremost these foreign businessmen have seen that anyone can come to Zambia and start any type of business so long they fulfill the requirements for doing so. I can give exmples of Chinese so called investors who were embalming fish and the ijnecting chickens with dangerous stuff to fatten them and do you wonder why there is so much cancer in the country and unexplained cardiovascular illness and deaths? Tujilili aweh twakana why can’t these businesses set these up in their own countries? Imwe ma lawyer banjala mwanya God will visit you to your last generation, you have blood money on your hands. No wonder only a few lawyers pass the bar at Ziale and even some who go throughare so shrewed. defend Zed!!
Never heard of these poko’s lawyers Siakamwi Chikuba, Ronald Hatoongo and Noel Siamundo from AED Advocates. Enough is enough!! tiyeni uko ba kabwa. A close family member is a victim of this tujilijili. He now has alcohol inuduced psychosis and has been having epilepltic fits since he started taking tujilijili. Every day he has 3-4 seizures a day and has become suicidal. Mwe bantu this is real and to the lawyers and companies involved you will not suceed as long as God is on our side. just sling your hook and go back to your own countries and kill you won people. I bet these fools think zambians have no value for life after all no one will bring them to account of what they are doing no way!!
ba lawyer ba mafi mwe mbwa shamichila mwe.have you ever seen how pipo behave after drinking tujilijili/ they act like wild dogs,insulting,saying all sorts of rubbish.maybe you lawyers drink the same stuff, who knows.Luo,tell these foolish lawyers, girl.
When I came home last year (2011), I buried my childhood friend, a cousin, and several of kids born between 1988 and 2007. I drink and I have been around the world. I never even had chance to sit with nephews that where 10 when I came to the USA. This dug however you call it, will kill our children if we do not step in as Prof Nkandu did. These little sachets have made kids 25 years younger than me look like my father and he died at 89. So whatever the government does, the populace should step in. Professor Nkandu Luo warned as us a microbiologist then, yet we refused to listen on the basis of her being a woman. She has told us by cancelling anything to do no tujilili, but yet again the greedy to satisfy the body, outweighs the reasoning of the Prof Luo. I pray for the best.
Not in a Christian Nation, Can a Lawyers become christians?????
The fact that you can afford to post on this blog means that you can potentially afford a better drink and all partakers of this drink look like fools in your eyes. Firstly tujilijili is famous in zambia because its affordable for the majority of broke and frustrated zambians, and secondly the same minister and her minions were using the same tujilijili to drum up support during elections from the ordinary frustrated zambians when they lied to them that they would give them jobs in 90days. i have personally heard all the cases that involve tujilili deaths, they are very few isolated arguable cases. I personally have no problem with the drink itself, the government tested the drink and found it safe for consumption, if anything the problem has only been transferred to bigger bottle, the re
ba Ponyax wat are u saying?reason my friend dnt just say things unreasonably.we ve lost lives bcoz of tujilijili plz!
the real problem here is the faillure by this minister’s ministry to regulate the distribution, supply and consumption of this product. tujilijili was sold at evry katemba and consumed by any1 and anywere. It was the manadate of Prof Luos govt to ensure that they are only sold and consumed at designated licensed liquor dealers, and by people of allowable age. Further, work places dont allow to report for work intoxicated with alcohol, no wonder places like mines do breathliser tests, its the mandate of the govt to put up such measures in certain work places such as minibus driver stations. As for issues of public nuisance as a result of tujilijili, thats a police issue, instead of just busy chasing and fining bus drivers, they could be looking into such issues too. Otherwise banning
I have never seen a sick society, how can a normal human being support the production of the so called tujili? total madness. I went at the plant where they package the same tujili, it was pathetic to say the list. Dirty all the workers looked drunk including the guards. If Congo can burn tujijili why can’t we do the same. As for the lawyer representing such a case, shame on you. you need to be hanged to death for causing so many death in our country. STUPID LAWYERS.
this product hasnt changed anything, as long as alcohol is legal, its only been shifted. As for the ministers action, it was too rushed and irresponsible, now the govt will just lose out in legal fees, she should have consulted with stakeholders to find an amicable solution. This is what i call chasing investors, someone probably got a huge loan to finance that business and buy machinery and in a seconds you tell them to close their business and pack without notice, how about those 2000 employees and their families. Next i hear they are going after prostitution… Govt better first find these people jobs before starving them & their families. They are Shi.ting on the same people that gave them that authority. kaya 2016
Well done Professor Luo for that move taken. Licenses to brew illicit beer (tujilijili) was flatulently issued by MMD so that they could be share holders in a way. The license to brew tujijili was a wrong move which was done for selfish purposes by some individuals who wanted to reap heavily secretly. Any normal person cannot complain over the barn. Be mature when raising any complaint
If we want economic freedom, we should allow production and distribution of goods without the interference of the government, people know whats best for them and not the government,, theirs no way the government can regulate my way of life. There no such a life.
Do not insult lawyers for their work.