Lusaka High Court this morning threw out an application by the Chief Registrar of societies to de-register the Movement for Multiparty Democracy (MMD) for non payment of annual returns amounting to K390 million.
Judge Jane Kabuka delivered judgment against the de-registration of the MMD on grounds that the move was against public interest and unreasonable.
But Mr. Andeleki has told Qfm news that his department will contest the matter in the Supreme Court stating that he is greatly dissatisfied with Judge Kabuka’s ruling.
Mr. Andeleki said the people of Zambia have once again been robbed of the justice they have been crying for adding that he will not rest until justice prevails in the matter.
And Mr. Andeleki who earlier declared that he would resign his position within 12 hours if the court rules that he acted illegally in his decision said Judge Kabuka has found that his action was within the confines of the law.
The MMD through national secretary Major Richard Kachingwe and 53 members of parliament contested the de-registration through their lawyers George Kunda and Company and Hobday Kabwe where they sought judicial review so that the court could overturn the decision of the registrar of societies.
Meanwhile MMD National Secretary Richard Kachingwe has written to the Investigator General asking him to look into the character of Mr Andeleki.
According to the letter made available to the media, Mr Kachingwe stated that Mr Andeleki has a blemished and questionable character and attitude that rendered him unsuitable to hold the job which called for high moral standard in society.
Mr Kachingwe further said that Mr Andeleki’s appointment clearly invited absurdity and imported unnecessary concerns.
“Our concerns, like those of other organisations, are premised on grounds that Mr Andeleki was convicted by a Magistrates Court for masquerading as a qualified Lawyer by representing clients in Courts of Law and yet he was just a law student and because of his despicable behaviour the Law Association of Zambia (LAZ) subsequently banned him from practising”, concluded the statement.
QFM
Joke of a country. Nothing sticks, everything is reversed.
Nevers clear that credit we talk about developmental plans not party De-registration. Those chap can make a one party state if we tolerate them
Tell them, and make sure they pay as soon as possible!!!
I agree with # 1 Nubian princess -they are all jokers ,Andeleke,Kachingwe,Ukwa,Kabimba,Scott,Banda,Nchito,Hichelema,Nawakwai,
Kambwili etc etc
CAN’T THINK ANYMORE.
Sad state of affairs, what’s the point of paying tax if vile criminals like MMD can’t even pay simple registration fees!!
Just disgusting!
What the Judge is citing here is what is referred to as “unconscionability”. I thought Mr. Andeleke studied law at UNZA and should know better. “Judge Jane Kabuka delivered judgment against the de-registration of the MMD on grounds that the move was against public interest and unreasonable”.
If the High Court ruled on this case based on unconscionability, the Supreme Court is likely to uphold that ruling as well because “unconscionable acts” don’t have to fall under the purview of current laws but instead could be used to create new ones to prevent current scenarios from recurring.
Mr. Andeleke’s time is be best utilized by focusing on what payment arrangements he comes up with the MMD, because collecting is actionable and/or enforceable while unconscionability is not, next
On Point Mr. Mumba…
Ba Son of Africa … thank you, sir
This is really FOOLISH THINKING!!! It means a party such as MMD WHO WITH IMPUNITY DECIDED THEY COULDN’T BE BOTHERED TO PAY & KNEW THEY COULD ALWAYS SEEK THE LAME EXCUSE OF “PUBLIC INTEREST” are allowed to get away with it!! Mumba you should be ashamed of yourself!!! IT IS SUCH JUDGES THAT SHOULD GO, NOT THOSE PURSUING THE PUBLIC INTEREST, SUCH AS THOSE CHASING UP UNPAID DBZ LOANS!!!!!
BR Mumba your comment is such simple logic but makes perfect sense. its surprising how some people are so partisan or micro minded they can not see the bigger picture. Andeleki is wasting tax payers money pursuing this
I disagree with you here Brave. The MMD broke the law and even despite being given a leeway through reminders, the continued ignoring the issue. There’s no excuse for a judge to find against the Registrar when she herself said Andeleki acted within his powers and within the law. This is a very bad precedence as now every party that willfully refuse to pay these fees, will refer to her unlawful ruling as precedence. Judges are there to apply the law as it states and not to deduce as to what’s is in the public interest or not. This gives more ammunition to the party in power to break the laws if they know they have compromised judges as the case is here where judge kabuka was appointed by the then MMD government. Sad story for the country and the fight against corruption.
Coachez … Law is not just politics and the Constitution is not just politics, and we should think about decisions impartially and dispassionately and come to the right ones; this is what brings resounding victory for the rule of law in any country.
De-registration will look political and since Andeleke’s office is supposed to be non-political he can’t win this case anywhere in the world under unconscionability but he can collect the past dues.
His time is be best utilized by focusing on what payment arrangements he comes up with the MMD, because collecting is actionable and/or enforceable while unconscionability is not.
This is the rotten Judiciary we always talk about!!
Let the MMD pay what it owes and no one should be fighting to have the party deregistered. We need the opposition parties to provide checks and balances to the govt of the day.
Anyway,MMD never paid what was to be paid the way foward is for them to settle the bill amicably.We want to see this party up to the end,bekabepa nabufi,the party is finished even UPND is much better and promising.
You always win at law not because you are right, but because you can apply the correct laws. Again, law is not an exact science … that’s why for me I dropped it when I went to grad school in preference for something more objective rather than subjective.
Maybe I should have completed that part of my life and I could have became a great lawyer I know but no regrets there, I love what I do now and I am very happy. What I like even more is that I can argue with my attorneys very objectively and most times even tell them why their legal theories might be flawed in our business decisions.
Beyond, subjectivity … law is really boring because with enough research and details on any issue, you can pre-determine any outcome based on stare decisis. That to me is boring, I love adventure.
I am still wandering whether the registrar was right or not? Zambian law has gone to the dogs what happened to precedence? Every organisation will stop paying their dues claiming they acting in the interest of the public. That is why our environment is getting polluted by big companies,because if you take them to court you find a spineless judge who cannot punish them or order the closure of the company while people are suffering the effects of pollution. The government wants money and if you start to encourage dodging of taxes or dues, I don’t how you expect the govt. to perform without money.
Andeleki should just pay back the money he was given for this task. The money can be used to pay PF internet trolls, he has failed completely. No wonder LAZ banned him from ever registering as a practicing lawyer, oooh, hang on this could change very soon as a ‘very heavy hand’ is on this case.
Faggots . Then u Created beef with Mmembe coz he never decided to cover/support u prior to 9/24. So for MMD its public interest do u know that physicaly and Economicaly that money is so Huge..k390 million ,how many small scale farmers can benefit from such money?
Mwe mbwamwe, can you ever think?
So this Andeleki is an ex-convict! How do we appoint criminals to public office? What’s wrong with Zambia?
these judges are always misdirecting themselves,who wants mmd? did the judge reserche that we wanted mmd,our interest is mmd should extinct as soon as posible,so that narep can grow….
english as a foreign language….iwe…speak bemba..
Another tribunal headed by judge joyce from malawi to investigate this judge.
.
This is one of those…. The “Enemy of the State” trying to handle the “State of Affairs”
A lot of people have had a platter on this case. Donor Nations were threatening behind the scene to pull out if PF de-registered MMD, because it would kill democracy and take the nation backwards. Among these Nations & Diplomatic intrigues are the USA, UK, German, Sweden, Denmark, Norway etc.
Cont…
you are a liar…make sensible contributions….mwana…pass me an ash tray…
.
While this crook and pretentious lawyer (Andeleki) had a point to raise the alert about the non payments, there was a lot of PF machinery behind the scene trying to undress MMD.
If there was a way PF would have attempted to pre-empty MMD.
1. MMD, go and sit down and sort out your mess which started way back
2. ANDELEKI – man, try and live some honest life – your CV has too much cobwebs, lies & deceptions
This is when the law makes what is right wrong, and what is wrong right.
The language of law does not mean what you read. It is a secret language for lawyers to use in order to keep their jobs.
Wow!!!! Zambia even has the office of the Investigator General? This is interesting to Zambians! Very few know about this important office which needs to be strengthened like the Office of the Auditor General!
We as Zambians are very luck because now Andeleki has opened the PANDORA box as a result we know about this important office. This is one of the offices that the Donor Community needs to strengthen just like the Anti Corruption and the Auditor General Office to fight bad governance especially that we a President who can wake up and think of what to create out of nothing!
Andeleki, acted like the way Fredrick Mumembe acted who thought by personalizing the Judiciary will help him but this has made judges to exercise their ASSERTIVENESS!
Let facts be facts.Judge Jane Kabuka delivered judgment against the de-registration of MMD is porous. The legal opinion by Judge Kabuka has just twisted facts. Has MMD settled outstanding registration fees or not? Andeleki may have other issues to deal with in his personal capacity, but he has a point that all registered societies must pay registration fees. This has nothing to do with public interest. It is a misuse of public interest. If anything MMD should just apologize and pay up. Do not even mix this case with Andeleki’s personal problems regarding his CV. The case stands that MMD has not been paying up registration fees. Andeleki’s personal problems can be dealt with decisively, but whoever comes in his position would still chase up registration. This is miscourage of justice!
Ba Flyod … please advise Andeleki to purse the case in court by collecting on default. Since the High Court has ruled his action under unconscionable acts, he would be wasting time pursuing the case in the Supreme Court which is likely to uphold the junior court’s decision.
Refer to my blog @ 10 above, “… Mr. Andeleke’s time is be best utilized by focusing on what payment arrangements he comes up with the MMD, because collecting is actionable and/or enforceable while unconscionability is not …”
De-registration will look political and since his office is supposed to be non-political he can’t win this case anywhere in the world under unconscionability but he can collect the past dues. Now as long as the case is in court, MMD would have no incentive to pay.
MMD, may be just move quick and pay your registration fees. That can help you. Relying of such twisted logic in law can lead us to more twisted judgements in due course. Many thieves will get away with their cases like this one.
Sata’s appointments are very questionable! Look at his appointment of Emanuel Mwamba the Northern Province Permanent Secretary! Everyone got confussed and perplexed by this appointment! No sensible person expected Mwamba to be in Sata’s government! Just as Andeleki’s appointment is and was questionable so was Mwamba’s appointment!
Just as Andeleki is making questionable decisions like in the One Party State of UNIP so is Mwamba in Northern Province making questionable decisions which is making and has made Northern Province like ungovernable Province. Civil Servants are stressed at their work place just because of Mwamba the MORON Chimpanzee!
All these are Sata’s faults!
We need a strong opposition in Zambia. That is the only way the party in power can work more effectively.
Ba Flyod Chitalu:
Andeleki has to purse the case in court by collecting on default. Since the High Court has ruled his action under “unconscionable acts”, he would be wasting time pursuing the case in the Supreme Court which is likely to uphold the junior court’s decision.
@10, “… Mr. Andeleke’s time is be best utilized by focusing on what payment arrangements he comes up with the MMD, because collecting is actionable and/or enforceable while unconscionability is not”
De-registration will look political and since his office and/or appointment is supposed to be non-political he can’t win this case anywhere in the world under unconscionability but he can collect the past dues. Now as long as the case is in court, MMD would have no incentive to pay their dues.
There is NOTHING POLITICAL ABOUT THE LAW OF THE LAND!!!!! SO don’t go on a wild goose chase looking for some silly justification!!
Granted, an opposition is necessary. So, why did the judge not give the MMD an ultimatum then? Because they are both backing each other in the “FIGHT FOR CORRUPTION”? Are we therefore saying opposition parties can get away with mis-conduct just because they are needed for checks and balances?
my very question indeed!???
No comment!!
Andeleki is abusing his power ,you don’t wake up and
Diregister a party , just wasting our money appealing
He is right other wise Church organisation public undertaking will stop paying what a judgment! At least the Judge should have given MMD an ultimatum to pay the money.All organisations that have been deregistered have a good case now to sue the Govt. and use the same Judgment since they are serving the public.
I commend @6/25 (Mumba Senior) and @20. In particular, you have to admire @6/18: a deep thinker and flawless analyst! And thank you @20 for raising the profile of the office of the Ombudsman. The law relating to this office is currently weak. We need more agitation and funding so that the office become as effective as the ACC, Auditor General and DEC.
WHAT A STUPID JUDGEMENT!!!! FOOLISH THINKING!!! It means a party such as MMD WHO WITH IMPUNITY DECIDED THEY COULDN’T BE BOTHERED TO PAY & INSPITE OF NUMEROUS REMINDERS, & KNEW THEY COULD ALWAYS SEEK THE LAME EXCUSE OF “PUBLIC INTEREST” are allowed to get away with it!! Judge Kabuka should be ashamed of herself!! IT IS SUCH JUDGES THAT SHOULD GO, NOT THOSE PURSUING THE PUBLIC INTEREST, SUCH AS THOSE CHASING UP UNPAID DBZ LOANS!!!!!
DID SHE EVEN BOTHER TO LOOK AT THE EVIDENCE?? IT IS WITH THE SAME IMPUNITY THAT MMD DEPLETED THE NATIONAL PURSE, YET SHE BELIEVES IT WAS IN THE PUBLIC INTEREST!!!! WHY ARE THEY NO LONGER IN POWER IF THE PUBLIC WERE SO INGRATIATED WITH THEM?? You can take someone out of the forest, BUT NOT THE FOREST OUT OF THEM!!! F*U*C*K the Law fraternity in Zed!
The bigger question is how long has this Andeleki been the registrar of societies and how long has he known about MMD’s non payment ? If those two questions can be truthfully answered then we might see the real motive for his decision.But it all seems more persuasive to lean towards the judge’s ruling of “public interests”
Pa fwaka does it again.now our laws are bad according to pf supporters. Wake up yo party will never deliver
#26 I wish we could have more analytical bloggers like you. Problem is most people ague emotionally. This is a case of law and it would do alot of justice if one was to ague the judge’s decision based on law.
Is the Registrar the legal representative for the government for him to say he will appeal. Thats the Attorney General or Solicitor General ‘s role. where is the registrar getting his power to appeal. The logical think is for him to make plans to collect the money its cheaper for the country as @10 B R Mumba Sr has pointed out.
#26 B.R Mumba, wamaona mwaiche law is interesting, some people may think you have a point, but infact you are just as a dreamer as Adelakeni imbwa ya muntu.
Good judgment.Its in the interest of democracy and indeed the country to keep MMD as an opposition party.Sorry PF cadres -your party needs checks and balances otherwise Mmembe,Nchito et al will have a field day.
Good judgement for the mmd and the nation!! we cant afford to have 53 by-elections that is complete madness!! Simply put chaos would have reigned had UPND also resigned their seats in parliament. We would have gone for another national elections probably see CNP/UKWA go out out state house very soon. Andeleki should not waste time appealing as he acted overboard. He had other avenues of pursuing the debt in court if MMD were disputing the debts including writ of fifer at a later stage!! This is what happens when you have ill qualified public officers including CNP/Ukwa who supported the idea ati….MMD shud pay up or pack and go!! Shame sheme on these cohorts!!!
You deregister a party to collect k390m on behalf of the people , and in the process you spend over K50billion from the people in by – elections. I like Andeleki method of collecting on behalf of the people. Use bailliffs man.
That’s PF formula.
@B R Mumba, Sr,: Thank you for your comments. My concern is that with or without Andeleki, the Registrar of Societies must collect what is due to it. MMD errored in their judgement when they stopped or dodged paying registration fees. Time has caught up with them. They must not even divert our attention to persuing Andeleki, even if that is correct to do by MMD, govt or anyone. But the case still stands, MMD defaulted in paying registration fees. This must be complied with. Even if or when there will be need to involve bailiffs let it be done because MMD was and continues to be careless about their debt. Even when Andeleki goes MMD must pay up arrears of registration fees. That is the only way you correct misnormal. Even Nevers Mumba know that what the party did was wrong.
So ba PF will target this judge as corrupt and follow with a suspension again!! Awe this country is being ran down. One wonders where we’ll be in 5 yrs.
This stupid ***** called Andeleki should stop hiding his dullness in Court cases he probably does not even understand, why appeal when he knows the appeal will not succeed, just concentrate on what you were employed to do
Foolish PF supporters yesterday were saying MMD should pay its bills. Well tell your god Sata to tell his idols, Mutembo and M’membe to also settle their bill. Nonsense!
This case has nothing to do with Andeleki’s CV or his conviction. It has everything to do with breaking the law of registering a company or an organisation. The MMD where constantly reminded and yet as a party in power, they deliberately and willfully ignored this. The judge found that Andelekei acted within the confines of his powers and the laws surrounding registration. Unfortunately, like compromised Kajimanga in chiluba’s case, she has opted not to apply the law as it demands but to serve her appointers, the MMD. And which public interest are we serving if we can allow one party to break the law with temerit and cry foul when the same laws catches up with them. This is how rotten the judiciary is where judges intentionally refuse to apply the law they are called to uphold and serve.
And what would stop the PF as a party in government and the sole appointer of judicial officers not to get compromised by appointing judges that would rule in their favour all the times. If the MMD had been de-registered, it would have served as a lesson to all other parties because now judge kabuka has set a precedence however unlawful that would be referred to by any party that find itself in the same situation. Suprisingly, everyone has been so quick to have NGO, the Press, Charities etc de-registered when they do not remit these fees. Does it mean there are two laws of the same law that apply, one for politicians and the other one for the rest? This sucks for the battle against corruption just lost one here.
Coachez: If you were somebody else I would not have bothered to answer back but seeing that you are a childhood friend, I will … you said, “This is a very bad precedence as now every party that willfully refuse to pay these fees, will refer to her unlawful ruling as precedence.” Wrong, what your assertion misses is “every party”, not so my friend. The MMD is not “every party” it is a very influential party that just lost the presidency, it has ruled for the last 20 years and can easily be considered a party in waiting until it has fully disintegrated. Until then, on grounds that the move was against “public interest and unreasonable”, and that’s the only litmus test for an unconscionable act. So, the registrar acted well within the confines of the law but “against” PI, pal
Coachez … Law is not just politics and the Constitution is not just politics, and we should think about decisions impartially and dispassionately and come to the right ones; this is what brings resounding victory for the rule of law in any country.
De-registration will look political and since Andeleke’s office is supposed to be non-political he can’t win this case anywhere in the world under unconscionability but he can collect the past dues.
His time is be best utilized by focusing on what payment arrangements he comes up with the MMD, because collecting is actionable and/or enforceable while unconscionability is not nothing to do with the fight against corruption.
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