Plea in a matter involving former Information Minister Ronnie Shikapwasha, Stand up for Zambia documentary producer Chanda Chiimba III and former Permanent Secretary in the Ministry of Information Samson Phiri today failed to take off as it was discovered that the indictment was substituted.
Mr. Shikapwasha, Mr Chiimba and Mr. Phiri appeared in good time at the Lusaka Magistrate in the company of their lawyers ready to take plea.
However when the matter came up before Lusaka, magistrate Mwaka Mikalile, defence lawyer Charles Lisita told the court that the defence team was surprised to see that the state prosecution team had a different indictment from what was obtained when the matter came up in the last sitting.
Mr. Lisita told the court that he was not informed on any changes and as such his clients could not take plea on matters they are not preview to.
He told court that the defence side needed time to look at the changes that have been made so that they too can get new instructions from their clients pertaining to the matters at hand.
Defending the twist of events on the indictment, Public Prosecutor Muchula told the court that there were slight changes that have been made to the indictment but that they were going to give the defence team the new indictment.
Mr. Muchula further asked for time so that the defence lawyers can study the new indictment and enable them get fresh instructions from their clients.
In count one and two Lieutenant General Shikapwasha stands charged with two offences of Abuse of Authority of Office contrary to section 99 (1) of the penal code cap 87 of the laws of Zambia, together with the former Permanent Secretary in the Ministry of Information and broadcasting Samson Phiri.
Particulars of the offence are that on dates unknown but between October 1 and November 31, 2010 General Shikapwasha and Dr. Phiri being persons employed in the public Service as Minister and Permanent Secretary, respectively, in the Ministry of Information and Broadcasting Services jointly and whilst acting together arbitrarily did direct ZNBC management to broadcast Chanda Chiimba III’s documentary namely “Stand up for Zambia”, an act prejudicial to the rights and interest of ZNBC a public body. This was in disregard of defamation laws and ZNBC editorial policy.
Furthermore the duo whilst acting together arbitrarily and in disregard to the professional Legal Advice not to broadcast “Stand up for Zambia” committed the government to pay all liabilities and legal fees emanating from the broadcast of the said program as act prejudicial to the rights and interests of ZNBC and government.
In count three and four, which has received some changes Chanda Chiimba stands charged with unlawful Printing and Publication contrary to section 5 (1) as read with section 5(2) of chapter 161 of the laws of Zambia.
Particulars of the offences are that Chiimba on June 9 and July 28, 2011and between August 25 and September 26, 2011 respectively while in Lusaka, unlawfully did cause to be printed and published a Newspaper “Stand Up for Zambia.”
Chimba further more did cause to be printed and published a newspaper namely “News of our Times” which where both not registered at the office of the Director for National Achieves of Zambia.
In count number five Dr. Samson Phiri is charged with Abuse of Authority of Office contrary to section 99 (1) of the penal code cap 87 of the laws of Zambia.
It is alleged that on unknown dates but between June 1, and July 31, 2011 while in Lusaka being a public officer namely Permanent Secretary in the Ministry of Information and Broadcasting services did arbitrarily direct Zambia National Broadcasting Corporation management to repeat the broadcast of Chanda Chimba’s documentary “Stand Up for Zambia” at no fee, an act prejudicial to the rights and interest of ZNBC a public body.
In the sixth count Chanda Chiimba is accused of possession of property suspected of being proceeds of crime contrary to section 71 of the forfeiture of proceeds of crime Act number 19 of 2010 of the laws of Zambia.
It is alleged that in dates unknown but between June 9 and September 16, 2011 while in Lusaka did have in his possession an accumulated total of K 611, 440, 433.12 which he paid for his private and printing services to the Zambia National Broadcasting Corporation, Muvi TV and Daily Mail Limited respectively which was reasonably suspected to be proceeds of crime.
ZANIS
Shikapwasha and Chimba look like a newly-wed couple on the dance floor in this photo. I think they should frame it and hang it in their cell when they are convicted; what do you think bloggers?
do u think the court which doesnt even the indictment will find them guilty? ukwa and his disciples are a joke my friend.
Newly-wed couple? Are you suggesting that they are gay? What a tasteless joke?
Photos are not allowed in the cells kikikikiki!
Truth b told, the three musketeers r guilty as charged period
U will be amased at what will be revealed in the courts, because Chimba was marely reproducing what was already produced by other media bodies.
Remember the case of Edith Nawakwi’s defamation of FJT?
We are watching.
I’m also interested in that defamation charge. Against who? Didn’t Michael Sata take K 2 billion from Ministry of Health account and use it for the MMD conference? Did he not defraud the government in the MERZAF flats case? Did he not illegally give land? Didn’t Wynter Kabimba illegally buy his mansion at almost no cost and thereby defraud the LCC? … All this information was simply read from The Post. What defamation is there?
I agree the script and production were poor and taxpayers’ money was being wasted in those programmes but let us not forget the truth. This case is a non-starter. Ndeloleshafye. Donchi!
The DPP’s team seems so disorganised in all these political cases they are bringing. I hope we will not again hear of the prosecution paying witnesses as was stated in the Chungu and Kabwe case.
I now begin to wonder the genuineness of these cases, they can’t even convict one person. Do your homework rather than wasting our time and resources. More taxpayers money is being wasted on top of what you are claiming to have been stolen, there are real cases that have been pending for years because our prosecutors are being kept busy with this kind of crap and other politically motivated cases. It’s alarming to watch our courts turning into political battle fields and justice being delayed.
let the defence team embarrase Ukwa like this. The issue is they afre taking instructions from Ukwa.
chanda iii was producing what was produced by pf jonlst thats why he is not worried. The police are also being used like donkeys GBM said that some pipo are planing to kill the president bt no action or result of that are seen. is this not alarming the nation
UKWA WASTE OF RESOURCES. SATA YOU ARE VERY VINDICTIVE. ANYWAY GOD WILL SORT YOU OUT.
Nchito’s incompetency now starting to show.
I am sure he will change the indictment again for the next sitting.
Komedy in Zambia, wasting tax payers monies for niks, why dont people do real work insteed of harrassing Chanda Chimba wa butatu, whats wrong? go clean up Lusaka and other towns, give ppeople jobs and think of how you will take back those mines you have given for a few ngwees, oh and by the way, arrest all the bloggers then, they say far more worse things about you than those three men! Thank you.
Zambian courts, are they what is referred to as kangaroo courts. That’s the problem when verdicts are already predetermined.
The counts against Shikapwasha and Phiri, although politically motivated, may stand and perhaps see them convicted. However it not the same with Chimba. At best Sata should have gone for defamation but that won’t do because that sources of the material used by Chimba is that of his bed partner Fred Mmembe, who would have to be dragged into the case. It is sad and shameful that the whole office of the DPP spent hours on end trolling through statutes to find something that would stick against CC3. Did they even ask whether or not this prosecution met the public interest criteria? I doubt that very much….