Development Bank of Zambia Managing Director Jacob Lushinga has objected to an application by a Non-Governmental Organisation known as the Zambian Voice to be joined in in the K18 billion debt case.
The Supreme Court last week granted the Zambian Voice an application as a joinder in the ongoing civil proceedings between JCN Holdings, Post Newspaper Limited, Mutembo Nchito and DBZ.
The Zambian Voice had applied as a joinder to the case in order to protect public interest.
It had stated that public interest should be protected in the matter especially that there were strong allegations that the Minister of Finance was protecting JCN Holdings, the Post Newspapers Limited and Mutembo Nchito from paying the debt.
But Mr. Lushinga, in an affidavit stated that the application by the Zambian Voice be rejected as being inappropriate and an abuse of the court process.
Mr. Lushinga charged that the basis for the joinder is misplaced as it seems to suggest that the application by the Minister to stay the proceedings was aimed at facilitating the appellants to avoid their obligations.
He said the truth of the matter is that the Minister of Finance had sought to stay the proceedings in order to obtain an opinion from the Attorney General so that debt collection efforts by DBZ were not misdirected and open to challenge.[pullquote]He said the truth of the matter is that the Minister of Finance had sought to stay the proceedings in order to obtain an opinion from the Attorney General so that debt collection efforts by DBZ were not misdirected and open to challenge.[/pullquote]
Mr. Lushinga stated that DBZ lawyers have advised him that the Minister of Finance in having acted as he did was acting within his rights as majority shareholder of DBZ.
He further objected to the decision by the Zambian Voice to comment on the termination of contract for Finance Permanent Secretary Dr. Abraham Mweenda.
“Dr. Mweenda’s contract is a personal and private matter and commenting on the setting up of a tribunal by the President in the manner the Zambian Voice as the matter is before this honourable court amount to contempt and should not be allowed before this court,” the affidavit read in part.
Mr. Lushinga also criticized the production of a letter from the Bank of Zambia which showed that the debt amount is infact K18 billion and not the K14 which was earlier mentioned.
“It is most unfortunate that the letter from BoZ was produced and I have been advised by my legal counsel that the letter cannot form the basis on which a party can seek joinder in these proceedings,” he said.
Mr. Lushinga said only the Bank of Zambia is the legally mandated institution to take action under the Banking and Financial Services Act as they deem appropriate.
He said the application should be dismissed as it aimed at embarrassing the respondents.
The Supreme Court has since set August 22 2012 as date for inter parte hearing.
lushinga is on the side of the plunderers. A hungry man is always a pawn. Viva Dr. Mwenda. you stood your ground
We want our money back!
tukashitemo in’gombe
Ndeloleshyafe
Ndeloleshyakofye ine baane
Ndeloleshyafye ine kwena nindabwa
Yaba!
Lushinga will go down in history as a mother -father
Why can’t these fools write articles in plain simple English, now I have to phone my lawyer friend to ask for translation, you won’t find such jargon in a western newspaper without a simple translation!
Bicause: (1) They do not know what its all about and (2) Therefore quote “ad-verbatim” in order to look like they know:d
It will be such an insult to the public if Govt continue to try and influence the ultimate end to this case. There is a level at which a person should realise that the battle is over and with such public knowledge and interest, I think it is time M’membe and Nchito realised that the only way is to pay the debt back. Even if it means they have failed in the scheme the entered into with PF.
****** I suppose I have to change my blogg name to read K18b since BOZ has confirmed it upwards********
Go ahead Mr Worry some thats the only way to enlighten the Zambians how crooked these Post and Nchitos are.
Dollar
Double standards are a receipt for anarchy.We want our money period!Lushinga you are also proving to be useless.Mwenda was the man ,no wander some guy had him moved from DBZ to pave way for for Lushinga.We are watching you………:)>-
Very Dull NGo’s , public interest when DBZ is a bank thats owned by foreigners in the netherlands and south africa. All this give us back our money is coming from people who have little to no grasp of whats going on. A lot of these NGO’s are just Kambwanga’s who think after reading online blogs of which are just nothing but ignorant rhetoric then they some experts. How can you apply to be part of a case when you already think someone is guilty and only doing so based on your own ignorance
We chipuba
You a dull creature yourself. Up to now yo do not kn ow that Zambia you and me own majority shares in DBZ? How can you exhibit such stupidity and ignorance on this important matter. If you do not pay tax the shut-up fool!!
slumdog shalapungu, DBZ is owned by you and me through the GRZ. The others are minority shareholders.
SLUMDOG SHALAPUGU YOU ARE AMONG PLUNDALERS
well done Zambian Voice!
I cnt follow the story yaba…
So a Joinder in criminal law is a legal term which refers to the inclusion of additional counts or additional defendants on an indictment. Okay will get there soon.
Now this word appellant???? A person who applies to a higher court for a reversal of the decision of a lower court. okay!!
Just give us the money back kabwalala iwe.However remeber ati nkongole si ba manga grab membe’s wife as collateral and give her 14children to cover for the debt
Well done Zambian Voice, I will soon be contacting/joining you to make my contribution to this noble cause to stop these THIEVES from stealing from our poor brothers and sister back home. CNP-lets are now joining forces by eliminating all well meaning Zambians like Dr. Abraham Mweenda from public institutions to easily steal in broad day light!!
M’membe or true name Mumembe you miscalculated the timing. There is only one thing the public is expecting from you; paying back that money. Look around and see how many youths standard to benefit if you paid back and some loan scheme is worked out for straight forward businessmen/women.
What’s the story all about? I have just seen our K14 billion or is it K18billion that Nchito and the Past Shindapaper owes us. What else? I rest my case!
Iwe ka Mmembe just pay.
wish could look m’mumembe in the eye straight. can see that this case has started to biite. Ukwa has shifted all the post writers to the foreign service so that when the post goes under, his friends will have jobs at our expence.
These bastards must pay back the money the owe us. Zambians lets stand up against these kabwalalas
Sometimes thinking can go utterly wrong! I can’t understand how someone can go to Bank of Zambia and solicit for such a letter in the name of an NGO! Really, from Bank of Zambia? How does BOZ allow it in the first place? If it is true, the person who issued that letter must be held accountable. This NGO was never part to the DBZ, not a partner and you can’t just spring from midst of nowhere and claim you want to be part to a standing case. Thinking can go crazy! Wird indeed! This case is in courts and whatever it takes the law must take its course. Borrowed money is borrowed money, debtor must pay back whatever time its takes, pays with accrued interest and costs in addition to principal amount. If that fails then definately something would be fishy. But NGO way is utterly wrong.
Floyd
I do not think the NGO requested the letter from BOZ but more than likely, it was a letter written by BOZ to DBZ specifying the total amount in question. However, someone symphathtic to the public purse made a copy available to the interested parties.
Floyd Chitalu,
We are in a Democracy so if some one has failed to pay money ,huge amount for that matter must be declared Bankrupt and the Bank can go to court and recover the money by removing the boundary so that even person assets can be taken in order to recover the money.The Post Newspaper,Mutembo Nchito and JCN Holdingd are not exception to this Law.
They have to repay the K18,000.000,000 they owe the Zambians.The NGo has a right Bwana.
If i may say,your thinking my brother is one thats uncommon and may God Bless you. The court papers filed on the inception of this case was for 14billion and any subsequent additions should be thrown out with the contempt they deserve. Yes these guys owe money,but under what TERMS and CONDITIONS did they sign up to? Personally i think the authorising people should be locked up. This loan will fail under any jurisprudence if you ask me. These figure are enormous and any person questioning should do an introspection and see if they can access such figure from there local banks? Chitalu, i like your style my friend but remember JUSTICE is also determined by public opinion.
What happened to Abraham Mwenda…is PF only employing yes men like the new MD at DBZ?
mumembe aweeeeeeeee
Come 2016 New Government will come in to arrest the thieves together with Nchitos and Membe.
Dollar
Why are we looking at the leaves and forgetting the roots?
Pliz HH investigate mumembe he is an impersonator, I can’t believe is the guy who spoke lozi so well at school.
He is a halfcast and that is all.
It shall become like gravel in your mouths…
#9 YOU ARE RIGHT. DO THEY MEAN THAT IT IS ONLY IN THE LEGAL PROFESSION IN ZAMBIA WHERE LEGAL JARGON CAN NOT BE WRITTEN IN MORE SIMPLER ENGLISH? ALL PROFESSIONS HAVE JARGON. BUT WHEN INTERFACING WITH OTHER PROFESSIONS OR LAY PEOPLE (lay people means people not in your profession) EVEN IN THE QUEEN’S LAND THE JARGON IS DECODED INTO COMMON AND SIMPLIFIED LANGUAGE. ZAMBIAN LAWYERS, PLS DO NOT SOUND SO ACADEMIC.
Give this case to the lady judge who put the Prez and minister of justice in their places. There is a lot of shit from the judiciary , but she showed a lot of clout and showed these clowns their lousy place in society.
When we take over GRZ we line up these goons against the wall and pump pellets in their heads. There is a misguided perception by the the POST that they can rule the country by Proxy. The trampled masses will need to rise and reassert the political status of the country.
@ #9 and #28 our legal practitioners think ekuilanga ati balisambilila yet of what use is all this legal jargon to the lay people? Does a reminder of those yester year leaders/teachers who liked using bombastic words ring a bell? To me they were just clowns like our legal professionals who I think have an inferiority complex when it comes to interfacing with the public. I care less only want the K 18 billion repaid
This is a matter of public interest. DBZ is a public body owned by the Government although supported by foreign institutions. Ultimately the people of Zambia own the Bank that is why Mr. Chikwanda as Minister of Finance could exercise the right to stay the matter!!
Equally therefore public interest can join in the matter!!
There is nothing sacrosanct about the K18billion theft and plunder as to put it beyond public interest. Viva Voice go for them.. let them feel public scrutiny.
The debt will be recovered at all cost whether CNP wants or not. This case is not going away yet, it will be there after 2016 when PF will be in opposition.
What has Membe done wrong. So you only love Membe him when he writes what you want to hear, like when he was writing about Chiluba since Chiluba was a bemba. But when Membe writes about HH a Tonga you hate Membe. You are very shallow minded. You can’t have what you want all the time, be balanced
How old is this NGO in Zambia? Who are the directors?They smell one tribal party that has completely lost direction. Even their tribesmate are now realising they are being led to nowhere. Shame!
Thank you Zambian Voice to have the courage to stand up against those thieves who want to gain to reap where they never sow. Please stand for the voiceless of Zambia, don’t allow those thieves to get away with the Zambian money.That ***** of managing director is useless and he is also a member of that sydicate which is determined to steal in broad daylight.Watch out for this minister of finance by the time he hand over the ministry,to another fellow,we will have nothing in the Reserve Bank. The Sata mafia, be careful with them, they have taken over the Ministry Of Finance and now they want the Judiciary.
“He said the truth of the matter is that the Minister of Finance had sought to stay the proceedings in order to obtain an opinion from the Attorney General so that debt collection efforts by DBZ were not misdirected and open to challenge”.
I fail to understand the meaning of this statement. How can debt collection efforts be misdirected when the court ruled that the bank was owed some money which needed to be paid back? Do these people think we are so dull as not to know that they wanted to sweep this matter under the carpet? What opinion was the minister seeking? Wasn’t it to withdraw the case? Zambians are watching you and at an appropriate time you will all be made to account. Do not take people fro granted.
The dust has started rising, no wind will stop it. We are being taken for a clean up and by the time we wake up there will be no moisture left in Zambia and save alone the DBZ.
Unless they dies before PF loses power, Fred and Mutembo will gnash their teeth in jail for their crimes.
Unless they die before PF loses power, Fred and Mutembo will gnash their teeth in jail for their crimes.
DBZ has already made a deal with Mmembe and Nchito to throw the fight in the Supreme Court. That is the only reason they are annoyed that the Zambian Voice has decided to enter the ring to make sure the Supreme Court fight is not fixed.
DBZ intend to state that they do not oppose the appeal by Mmembe and Nchito. Why would anyone refuse to be helped? I am a Zambian and the money owed to DBZ belong to all of us shareholders. Zambian Voice therefore have a right to join in the action. Many more Zambians and NGOs must join the case to stop the plunderers.
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Sitting behind to listen to a lecture on 419 code scum in Nigeria it does not go to say Zambia has smart 419 which have been in existence since the era MMD and its babe brother PF …both they aim is rob and destroyer Zambian people to break their backs by riding for the over 21 years , PF has taken over it’s brother from to persecute the people.
I used to think mmmmmmmmmmmmmmmmmm was a truth nationalist he is not, the sucker he has been …look at the way he has scum the nation…