Judge Chikopa -Malawian high Court judge chosen to head the Tribunal

National Movement for Progress president Ng’andu Magande says there is nothing wrong with President Michael Sata’s appointment a foreign judge to head a Zambian tribunal. Mr. Magande has wondered why people should be concerned about President Sata’s move to appoint a Malawian judge to head a tribunal instituted to investigate the three suspended Judges.

On Monday, president Sata suspended Justices Philip Musonda, Charles Kalimanja and Nigel Mutuna for alleged misconduct and appointed Malawian high court Judge Lovemore Chipoka to head the constituted tribunal.

Mr. Magande says president Sata only appointed a foreign judge to head the tribunal because he wants a panel that is not dented with local politics.

Speaking to QFM, Mr. Magande says if president Sata had appointed a local judge to head the team, the same people questioning the president%u2019s move would have complained of biasness.

And Mr. Magande says the suspension of the three high court Judges is not important stating that what is more important is the investigations into their conduct.

He says what President Michael Sata should now do is to ensure that the many commissions of inquiry instituted finish the investigations on time so that the nation can forge ahead with other important issues such as employment creation.

Mr. Magande however says the three suspended judges should be given a platform to clear themselves since they are still innocent until proven guilty.

And Get Involved Zambia has welcomed the suspension of the three Judges for alleged misconduct by republican President Michael Sata.

Father Bwalya hoped that the action taken by the republican president is the beginning of the long awaited judicial reforms.

He has however cautioned Zambians against passing guilty verdicts on the three suspended even before the tribunal concludes its work.

Father Bwalya says President Sata should be commended for the action he taken, stating that he was merely responding to complaints raised by stakeholders.

He says the government should go a step further by ensuring that alleged politically engineered judgments in the past regime are investigated.

President Sata has suspended Supreme Court Judge Philip Musonda together with High court Judges Nigel Mutuna and Charles Kajimanga for suspected professional misconduct.

QFM

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91 COMMENTS

  1. Magande (Big Frog) please go back to your farm in Choma,just what is the Judicial Complaints Commission for ? We all know how you facilitated those thre characters to get unsecured loans from public institutions.Thats the reason RB disowned you.Zip it please an go harvest tobacco.

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    • There is no reason for using abusive language. If you have no point to make please keep quiet.

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    • Have you read the constitution; where does it say Judicial Complaints Commission?

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    • Judicial Complaints Authority manned by the judiciary, my foot!!!! I tried them and they are as corrupt as they come!!

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    • Chambo

      Don’t mind this keyboard desk jockey, they just criticise for the sake of it like those gongs that ring at boarding schools when lunch or dinner is ready at least  those have a purpose.

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    • Uli mpelwa mano. A total ***** probably a beneficiary of the same corrupt regime. Tiye panke we mbusi we

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  2. I like this….

    “Get Involved Zambia has welcomed the suspension of the three Judges for alleged misconduct by republican President Michael Sata.”

    I agree, there is alleged misconduct by Republican President, Michael Sata!

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  3. This chap should be the last to comment on this matter! He is partly to blame for this mess after all. Had he been wise as not to coerce DBZ not to lend out such huge sums of taxpayers’ money, we could have been talking about something else. We know that there is nothing wrong with the president setting up a tribunal but we are aware that the issue at hand involves both Sata and Magange’s friends.

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    • The objective issue should be whether they committed crime or not.. Whose camp they belong to is secondary..

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  4. rubbish from magande…father frank bwalya is the most useless catholic priest the world had ever had.what a bootlicker of ukwa he is…

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  5. THE MAN IN PICTURE IS NOT OF FORMER FINANCE MINISTER MR MANGANDE. COME LDOZZY REPORTERS PLEASE WAKE UP AS WE DONT NEED CHIBOLYA SCHOOL EDUCATED REPORTERS

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    • Awe mwandini ama picture pa LT. You have to take a closer look and read carefully to correlate pics and words. Ba LT aba…:). They should have put the picture of the author of this article.

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  6. Magande should, first of all, declare interest on this matter. He was finance minister when tax payer’s money was being plundered by UKWA’s friends, Nchitos and Mmembe. He needs to shut up. 

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  7. :o but thats not Magande on the photo, contrary the headline…. Anyway, I hear the case was withdrawn but the three judges went on to pass judgement, no wonder the suspension…

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  8. There’s in nothing with suspending judges and appointing a malawian judge to head the tribunal .but it is very wrong to do it in order protect mmembe and nchito

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  9. Nothing wrong with appointing a foreign judge to a tribunal and in fact it is standard practice amongst many commonwealth countries to ensure impartiality.What is more substantive is having local bigshots pulling the strings behind the scenes to influence the outcome.

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  10. It is important to note that the Malawian Judge has been reliably linked to President Joyce Banda’s husband and Sata’s Lawyers in Malawi. The emergence of Magande on this saga merely confirms that he has been part of the consortium that fraudlently got money from Development Bank of Zambia and Finance Bank in his earlier capacity as Minister of Finance. He even promised to bell-out Zambian Airways, but his dream was killed by the untimely demise of President Mwanawasa. A clear picture is now emerging of the principal players in the Zambian Airways saga that has led to the suspension of three Zambian Judges. Zambians will never be fooled any more.

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    • Gentlemen the bail out as an act was fine.. like anywhere else where key companies where being bailed out e.g USA,…. if there was corruption in the process that is something else I agree!!

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  11. This should not only end on judges, it should trickle dwn to magistrates and local court justices who practice unproffessionalism by passing wrong and unfair jugdements jst bcoz banadyamo smwhere, good move mr president we need mo of such…..

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  12. I think in one way or another, Justice Phillip Musonda had it coming. The man’s brazen stupidity in dispensing clearly fraudulent verdicts had literally struck a lunatic level. He was literally wallowing in Bwezani’s pocket and for all everybody could see, it was just a matter of time before the new president and system called him to account for his stinking sins. Actually, they should hang the man, the damage he has done to our judicial system is collosal such that the only commensurate punishment for a destructive lumpen like Phillip Musonda is the ultimate one, death by hanging itself.

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    • #10 is just copying and pasting from zambian watchdog..how else would sata know the malawian judge obviously one or a bunch of malawian friends had to recommend. Magande just had to bail out ZA,Thats what a good government does. E.g USA. Unless abuse of power was smelling..

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  13. Magande has no shame. He is the cause of all this mess with his support for Mmembe and Nchito’s loan. He even wanted to write it of.

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  14. In all fairness, the judgments passed by these judges were really questionable. Sata good move

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  15. You bloggers never cease to crack my ribs.Magande is commenting on the appointment of the malawian judge who is in the picture and yet you want Magande to be in the picture.Cadres on the blog lol!!!!

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  16. hey dont regagitate yo Zambian watchdog vomit here okey.. So wat if that Judge is friends with Sata..? Your leaders will choke with jelousy..Lekeni sata ateke..

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  17. As usual, Magande has got it wrong. The problem with Magande why he can’t ever be President is that he is not clever. He doesn’t know how to read the mood of people and outside his safe-zone of pbulic finance, he is completely dull. He can’t even recognise that what people are complaining about is not about the Malawian appointment per se; people are complaining about the way Sata is intefering with the judiciary in such a dictatorial manner to favour his fellow cretins. I suppose given Magande’s low IQ on subjects outside finance, he qualifies to be a cretin as well.

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  18. How fair will this tribunal be given that all the commissioners are from one province and the chairman is their relative from across the border? I smell a rotten rat. What will be the recourse for the three judges if they feel hard done? Magande has no conscience no wonder his followers are only his jackets.

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  19. The president is in order.The opposition should first watch how it will go and not start barking before the investigations are done. They are simply supporting corruption.

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  20. I am just amazed at the levels of ignorance being exhibited by some people.What the president has done is legal and standard practice of the commonwealth.Malawi is member of the commonwealth.
    The 3 judges suspended are very senior and includes a supreme court judge,our judicial complaints committee with due respect also needs to be sewpt.You cannot use dirty water to clear dirt.Our opposition political juveniles are so desperate and in a hurry to make political capital out of issues they cannot even analyse properly.

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  21. do you expect the three suspended judges to get a fair hearing when you appoint a judge who comes from a country where you recently donated fuel worth 27 plus billion kwacha, obviously the outcome will favour satan or sata.

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    • Ironically that is the case. So my answer is yes. I expect a judge appointed to do his job without being influenced by any factors. Apparently that is what judges are supposed to do and the argument is that these 3 were influenced by other factors. If I were on your side I would just sit back and give the government the rope to hang themselves with if I believe that the President has made a wrong decision for the outcome would prove my case and give me legal ammunition. However I am on neither side and will see what happens before drawing any conclusion as the outcome could possibly have the same results you actually want if the remit is to get to the bottom of this case.

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  22. i have always doubted the intelligence level of Magande…  this just proved me right

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    • How can you honestly doubt someone’s IQ when yours is highly questionable? 

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  23. Justice annel silungwe shud also b investigated for acquitin kk,s son who murdered someone yrs bac

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    • Now you are pushing it. I was in Zambia last when a reporter asked Col Panji Kaunda about that. He  bluntly told the reporter that the old man (meaning Dr Kaunda) was prepared to sign his son’s execution order “crying” if he was convicted. In capital punishment case, Judges will determine basing on the history of defendant whether he has violent tendancies, which was not the case with Kambarage Kaunda. It was just an accident of him shooting his own girlfriend for that matter. Do your research before you post anything you are not privy to.

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  24. Magande is honest enough to say the truth rather than the Under 5 boy who is always ranting on things that he championed not so long ago

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  25. LAZ divided. Opposition divided. Conclusion The President is right the tribunal will rest the case.

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  26. if he opposses anything on this case he will be in for it so no option he almost started dancing with RB on the same case so what do you expect from him?

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  27. I am very happy with the progress that the country is making under the able leadership of ba tata Ba Sata but I am just wondering why he had to go and get a Malawian kaboyi to sit on this process. Surely, there must be good Bemba judges who can do this job? That money that will be going to Malawi could have been going to a farm kumwesu. I hope ba tata Ba Sata will reconsider his position.

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    • He needed someone with impartiality. Even the former judges appointed are easterners because if anyone with a bemba connotation had been appointed, all this would have become a tribal issue.

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    • Uli chisushi iwe. I think you are a disaster to Zambia. You need to hanged until pronounced dead you pathological tribalist!

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  28. magande has an interlectual point it its too interlectual that u most people wont comprehend it, its not about politics whats right needs praises what may be wrong is lucky of separation of power the president’s powers are too much that he does interfer with democratic practices.

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  29. in the next constitution it better offices to not interfer with each other police needs to be told who to investigate , either does the president need to apoint judges coz they will be partual to save their jobs.

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  30. my foot !
    most blogers
    are not familiar
    with the issue
    at hand!

    kwasama asama fye.
    read letters of correspondence
    in the post of today.
    and know that when
    your father divorces
    your adulterous
    mother,he wont
    say the very reasons publicly!

    yaba !dunder5

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  31. Problem with us Zambians is that we forget easily! In the last govt we were complaining alot about the judiciary being corrupt and bias, now there comes a president who does not like to leave any stone unturned and has answered to our cries, but still we are complaining. Some just follow blindly without analyzing the context in which the action has been taken. Being opposition does not mean that opposing anything that the current govt decides. Positive moves by the president should be supported. If you want to discipline your child there’s no way that you can go and get permission from your neighbour.

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  32. This EPISODE WILL TEST THE Zedian MENTALITY TO THE CORE!! We have in front of us a clear-cut case of the RULE OF LAW, with the CONSTITUTION AS THE ULTIMATE REFERENCE. The SAD Zedian CURSE OF “THE EDUCATED ILLITERATES” seems to be taking centre stage – YET PEOPLE WONDER WHY THE DIASPORA ARE HESITANT TO RUSH BACK HOME, when all LOGIC APPEARS THROWN TO THE WIND just in an effort to settle S.T.U.PID EGOS!! One wrong doesn’t correct another wrong!! IF WE ARE TO BE SERIOUS IN TRYING TO GET THINGS RIGHT IN Zed IT IS THINGS LIKE THIS THAT WE SHOULD PURSUE right to the last letter – PURSUE THE PROBLEM AS LAID OUT IN THE CONSTITUTION via JCC, then via CJ who calls upon presido to initiate the Tribunal!!!

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  33. dear zambians can someone explain to me why mr mutembo nchito has not being arrested by the anti corruption commission. mr nchito who is the D.P.P. entered a nolle prosequi on behalf of mr rajah mahtani & mr john sangwa who were appearing before the courts of law facing charges of forgery. mr nchito and his business partner mr fred mmembe have huge debts with mr rajah mahtani bank. now can anyone show me why this action by mr mutembo nchito is not a clear case of abuse of authority since mr nchito never declared interest in the matter. we should make sure the A.C.C arrest mr nchito then message against corruption will be clear

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    • Business partner in what? Can you prove that he is liable personally for the debt? Wasn’t this issue debated in Parliament?

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  34. MR MAGANDE SHOULD BE COMMENDED FOR HIS MATURITY TO THE ISSUE. HIS SENTIMENTS ARE ABSOLUTELY CORRECT. I AM PRETTY SURE, TOO IF SATA HAD APPOINTED A LOCAL JUDGE THE SAME PEOPLE WOULD A LOT TO BARK ABOUT. OPPOSING FOR THE SAKE OF HATRATE IS SELF-DAMAGING. ADDITIONALLY, THE SAME PEOPLE WHO WERE CALLING FOR JUDICIAL CLEANSING ARE THE SAME PEOPLE COMPLAINING ABOUT THE SUSPENSION OF THE THREE JUDGES. EVEN A CHICKEN KNOWS THE JUDICIARY SYSTEM IN ZAMBIA WENT TO DOGS, HENCE ROTTEN TO THE CORE.

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  35. Let the tribunal clear the three judges of their alleged professional misconduct if they are innocent. If they are not then let the law take its course. I am appalled by those condemning president Sata for taking this courageous action. Are you insinuating that men and women of the robe are infalible, untouchables and beyond reproach? No. Zambia like Zimbabwe must fight to restore the judicial respectability. Corruption in the judiciary is an ignition to chaos in the country.

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  36. Sata and Mmembe’s interference with judicial independence and media freedom is a direct violation of Zambia’s international obligations and puts the human rights of Zambian citizens at risk. This minority, illiterate President has provided no credible justification for the raft of regressive legal measures undermining human rights protections, the rule of law and the basic institutions that guarantee democracy. I agree with Henry’s lawyer for taking Zambia to the UN but he should go further and take this criminal regime to the security council.

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  37. Its a sad state of affairs in Zambia, this internet generation is too lazy to read anything over one paragraph to the extent that some chaps use SMS language in submitting posts: Please refer to the constitution on the grounds for setting up a tribunal, let the tribunal comeback with its findings and recommendations then comment in the meantime lets debate on the Draft paper in front of us.
     We have been saying this time and time again that the Judicial system was rotten to the core, it was under UNIP, under ka Chiluba, rotten under Mwanawasa, rotten under chi Ala Bee, this should be welcomed as a step towards Judicial reform to cleanse the whole system. 

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  38. Thumbs up to you Magande. You are always down to earth when it comes to analysing issues. As Minister of Finance you had foreseen the need to give a few year of tax rebate to Zambian Airways to avoid the economic repercussions of the airline going under. I remember how you argued sensibly that if the this incentives could be given to foreign investors why not our own companies that had created employment to many Zambians. RB in an effort to vanquish the strongest allies in the fight against corruption (Membe and Nchito) found it politically convenient destroy Zambian Airways and hound Magange out of MMD. I cannot be surprised if the reported alleged strange behavior within the judiciary over this case is due to RB’s unfinished business with the duo – his sworn political enemies

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  39. For twenty years this country has been plundered and plunderers defended by this judiciary.Do u not want justice, What happened to the London judgement, proved beyond doubt, and what happened. Wake up u guys.

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  40. #43 Gromyko 

    Exactly if not now when? Only those who have been in the dock know how rotten the system is; even those vile dirty crooks MMD used to snigger at individuals you referred matters to the High Courts as they knew some Judges were in their pockets.
    Its a shame that some of these opposition MPs represent constituencies where the electorate is uninformed and ignorant. In other countries MPs are accountable and have to go back to their constituencies and justify why they have taken such a stance.     

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  41. Father Bwalya hoped that the action taken by the republican president is the beginning of the long awaited judicial reforms.

    the statement above is dull, reforms do not mean suspending especially if it is to fovour other people like Nchito and Mm’embe. Reforms is at policy and implementation level in this case it may imply restructuring the justice system, how appeals are made, may be for every case have a jury (set of adjudicators) to reduce chances of misleading judgments, corruption and baisness. What the President is doing not does not qualify to be reforms at all, call it something else Fr bwalya. Chances could be you know best religious matters only.

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  42. I do not understand why people cant wait for the tribunal to do its work. Have you already forget the Judgement Judge Phillip Musonda gave on Dora Siliya after the Jugde Dennis Chirwa tribunal found her gulty? Lets be real and thats the only way we will progress. If the three judges feel they are politically being persecuted they will have a chance to explain themselves. Besides those three Judges are very learned individuals who know the law very well. If His Hounour the Chief Justice Enerst Sakala was appointed to head the tribunal you the same guys will be saying he is buying a job. If any Judge was appointed you same guys could have come with two stories. One the judge is favouring there fellow Judges or the he is politically motivated. Umuntu awamafye nganalala

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  43. I like the works of Mr Presiden, if people complains , he listens. Yes this the listening president we have had ever. Thanks Mr President

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  44. At work u should know your boss, and dont 4get to know the friends of the boss. those judges had so many ways to go round tht case and they choose not to, forcing those guys to pay tht money is like forcing SATA(there boss) to pay. Get my advice just look for strong juju and tou get your jobs back.

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  45. If you cant read what is written below the picture, I doubt that you even take the time to read the article. Yet you are the first ones to criticize. This is why we cant progress as a country, too many simple minded people saying useless things about the few people like magande who talk sense.

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  46. May some one please tell me why the 3 judges passed judgement when the case was withdrawn by the complainant? Which law was applied? were these fellows MMD and UPND bootlickers? Who was to recieve the money since the case was withdrawn? jugdes, policeman on the road block and a cadre on the plots use the same blood vessels. The tribunal is late.

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  47. OK BRING JUDGE SMITH MAYBE HE WILL BE ACCEPTED AS HE IS WHITE.THERE IS TOO MUCH CHO CHISE IN THIS COUNTRY WHERE EVERYONE WANTS TO BE SEEN TO OPPOSING EVERYTHING IN ORDER TO BE SEEN THAT THRY EXIST!EVEN WHERE RIGHT DECISIONS ARE MADE NI CHO-CHISE.

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  48. The president means well. Let the judges be cleared. It is for their good and that of the Judiciary. Don’t oppose everything for the sake of opposing. Look at the bigger picture.

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  49. Hey, calm down everybody. Why don’t we wait for the tribunal to its job and then avail us its findings. I thought that’s what we all wanted as Zambians, get rid of corruption in all areas. When Sata took time to find the best possible solution, you the same critics actually identified him with RB and said he was following in the same foot steps. Now that he has taken action you so much desired, you again question him? It’s simply amazing because the judiciary from top to bottom is corrupt and where giving judgements that befitted their pockets. I AM STILL CURIOUS. I MEAN WHAT DO WE TRULY WANT AS ZAMBIANS?

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  50. Remember that magande is an interested party in the case involving Mmembe and Mtembo Nchito against the DBZ.
    Dont forget that when late Mwanawasa died Magande was the prefered candidate by the Post Newspaper.
    While finance minister, Magande, with the blessing of Mwanawasa, facilitated those loans for the post and gave the soft-spot not to pay back,

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  51. #55 Coachez,
    Whot told you that the judiciary is corrupt when and only when it comes to Mmembe and Mtembo Nchito’s case?
    Why suspend judges over only this case, and if there are many other cases he intends to probe, why start with this case?
    Was this the first case in a roll?
    Was this the graviest case of corruption?
    Why has this case interested the president so much when there could be many other cases of clear corruption compared to this case which was a mere judgement passed needing only an appeal to a higher court, the supreme court?
    Has SATA now become the supreme court of Zambia??
    As Zambians, we think very little and spend very little time to do so. This is the whole reason why Europeans found it very easy to colonise Africa, and they continue to easily manipulate us.

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  52. #57 you have got the point/s all right. People are taking this matter lightly not knowing this is the begining of the end of the little good juctice system which was existing in the country. It seems the president is aware of the need for reforming the juctices system with only one difficulty he does not know how to do it. Hence Mmembe and Nchito come in to pull strings in their favour. The president should constitute a team of well meaning Zambians to help him restructure the juctices system, so we can move away from a system which operates in two phases one for the poor and the other for the rich (Mmembe and Nchito).

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  53. Love the advice about writing about what happens ??behind the scenes?? and personal experience; these help to humanize the story and keep readers coming back.

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  54. Hello Pat,See what blurry vision does for you? I am so sorry for misken your guest blogger for you!Hope you are felling better!

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  55. A post to bookmark!These are some bunch of tested headlines that will not only work for blog post but also for email marketing.Big ups

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  56. Thanks very much for this great post! Was very very helpful. I get writers block from time to time and this will keep me writing for a YEAR! Great stuff and some types of blog posts I??ve never even thought of writing.Thank you very much.

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