A Lusaka law firm has written to the International Criminal Court to cite UPND President Hakainde Hichilema and Party Vice President Geoffrey Mwamba for alleged crimes against humanity.
Lewis Nathan Advocates, with Liaison Offices in Dubai, Johannesburg and Cape-Town has written to the ICC on behalf of some Zambians who are victims of attacks in some strongholds of the UPND.
The law Firm have alleged that there is a reasonable basis to believe that Mr. Hichilema and Mr. Mwamba have committed, aided and abetted, ordered or incited crimes of torture and persecution and damage to public and private properties of Zambians.
Lewis Nathan Advocates has argued that the ICC has a mandate to handle the allegations of crime against humanity allegedly by Mr. Hichilema and Mr. Mwamba because ZAMBIA is a state party to the Rome Statute of the ICC.
Below are details of the complaint letter
Lewis Nathan Advocates
Lusaka, Zambia
International Criminal Court
Communication to the Office of Prosecutor Under Article 15 of the Rome Statute of
the International Criminal Court
______________________
The Commission of Crimes Against Humanity in Zambia by Mr. Hakainde Hichilema,
Mr Geoffrey Bwalya Mwamba and the United Party for National Development
(UPND) Members from 11 May 2016 to Present.
______________________
Filed this 25th day of August 2016 at The Hague;
International Criminal Court
Office of the Prosecutor
P.O Box 19519
2500 CM The Hague
Netherlands
Fax: +31 70 515 8555
Email: [email protected]
ADVOCATES IN ZAMBIA FOR THE VICTIMS
Table of Content
1. Background Introduction
2. Crimes Against Humanity Committed by HH and GBM
2.1 Specific Crimes Committed
2.2 Factual Information for Investigation by ICC
3. Mandate of ICC and Jurisdiction
4. Request
The Commission of Crimes Against Humanity in Zambia by Mr. Hakainde Hichilema,
Mr Geoffrey Bwalya Mwamba and the United Party for National Development
(UPND) Members from 11 May 2016 to Present.
1. BACKGROUND INTRODUCTION
1.1 This Article 15 Communication notifies the Office of the Prosecutor (‘OTP’) of the International Criminal Court (‘ICC’) of the crimes against humanity committed against innocent Zambian civilians by Mr. Hakainde Hichilema (‘HH’) and Mr. Geoffrey Bwalya Mwamba (‘GBM’), the top two leaders of the United Party for National Development (UPND), an opposition political party which has been in opposition for 17 years since its inception in the year 1999 in the Republic of Zambia.
1.2 The Communication herein is notified and filed to the OTP of the ICC on behalf of a group of individual and independent Zambian victims (“Filing Victims”) which has instructed Lewis Nathan Advocates in Lusaka, Zambia, to file this Communication before the ICC on their behalf and assist them to identify Counsel in Europe for immediate appointment to conduct the prosecution. We have since identified three (3) law firms in Europe for appointment who will be placing themselves on record following this Communication for further proceedings as your OTP commences its initial review and investigations.
1.3 For the past five (5) consecutive times in the Republic of Zambia, UPND Party has been without success contesting Presidential Elections using the same candidate against different opponents. On the 11th August 2016 the Republic of Zambia conducted Presidential Elections in accordance with the Zambian Constitution. Under this Constitution one cannot become Republican President unless he/she obtains more than 50% of valid votes cast. HH has been the same UPND Party Presidential Candidate for the past five consecutive instances, and in the 2016 presidential elections he appointed GBM as his Running Mate.
1.4 On 15 August 2016 the Electoral Commission of Zambia (ECZ) a statutory body established by the Zambian Parliament to conduct and manage the electoral processes in Zambia declared the incumbent President Mr. Edgar Chagwa Lungu as winner having obtained more than 50% of the valid votes cast.
1.5 Following such declaration and inclusive of the period during the run-up for elections, HH and GBM using their UPND Party members have committed various crimes against humanity against Zambian citizens who are not of Tonga or Lozi tribes of Zambia.
2. CRIMES AGAINST HUMANITY COMMITTED BY HH, GBM AND UPND PARTY MEMBERS.
There is a reasonable basis to believe that HH and GBM have committed, aided and abetted, ordered and /or incited the crimes of murder, torture, persecutions, abductions and damage to public and private property of innocent Zambian citizens who do not belong to the Tonga and Lozi tribes of Zambia and who are geographically domiciled in UPND Party strong-hold areas of Southern, Western and North Western provinces of Zambia. These crimes form part of a widespread and systematic attack against Zambian citizens who are not of Tonga or Lozi tribes in the Republic of Zambia.
2.1 Specific Crimes Committed against Humanity
2.1.1 Murder -Article 7(1) (a) of the ICC Rome Statute;
2.1.2 Persecutions against Non-Tonga and Non Lozi tribes of Zambia residing in
Southern, Western and North-Western Provinces of the Republic of Zambia
– Article 7(1)(h) of the ICC Rome Statute;
2.1.3 Other in-human acts of similar character intentionally causing great suffering or serious injury to body or mental or physical health including serious damage to public and private property – Article 7(1)(k) of the ICC
Rome Statute.
2.2 Factual Information
2.2.1 The above crimes against humanity by HH, GBM and UPND party members have been committed in Southern, Western and North-Western Provinces of Zambia leading to loss of lives, destruction of government property as well as property belonging to those private persons perceived to be non-Tonga and non-Lozi tribes who are also perceived to be non-UPND party members.
2.2.2 This Communication to OTP is based on clear and conspicuous evidence through audio, video and other electronic media including print so far collected by local and international organisations to show that HH, GBM and UPND party members have committed crimes against humanity to innocent Zambians who are non- Tonga and non- Lozi tribes of Zambia.
3. MANDATE OF THE INTERNATIONAL CRIMINAL COURT
3.1 Zambia is a state party to the Rome Statute of the International Criminal Court (ICC).
3.2 The Rome Statute obliges the ICC and the Prosecutor to investigate, if appropriate, prosecute crimes arising from the activities of private persons, such as, in this case HH, GBM and UPND party members.
3.3 Additionally the conduct concerned is of sufficient gravity to warrant the attention of the ICC and in particular, the Prosecutor. The number of innocent Zambians killed, displaced, tortured and whose property has been destroyed provide prima facie evidence that grave offences within the jurisdiction of the ICC have been committed.
3.4 There are strong grounds for asserting that the ICC is the only available means of redress for the Filing Victims and their families. There are national investigative or prosecutorial authorities willing to investigate or prosecute the crimes against humanity committed by HH, GBM and UPND party members but any of such investigation or prosecution would be tagged or labelled as ‘politically motivated investigation or prosecution’ by the same HH, GBM and UPND party members.
4. REQUEST
4.1 We as Advocates/Attorneys for the Filing Victims are specifically instructed interested to file this Communication before the ICC on their behalf and assist them to identify Counsel in Europe for immediate appointment to conduct the prosecution. We have since identified 3 law firms in Europe for appointment who will be placing themselves on record following this Communication for further proceedings in this matter as your OTP commences its initial review and investigations.
4.2 We request the OTP to consider this Communication according to ICC obligations under Article 15 of the ICC Rome Statute with a view to initiating an investigation pursuant to Article 53 of the ICC Rome Statute on the basis that:
4.2.1 Evidence and a reasonable basis to believe that crimes within the jurisdiction of the ICC have been committed;
4.2.2 The case is admissible under Article 17 of the ICC Rome Statute; and
4.2.3 Taking into account the gravity of the crimes and interest of Filing Victims, there are no substantial reasons to believe that an investigation would not serve the interest of justice.
This is what should be done by a law firm not an association representing different views of it’s associates. LAZ is killing itself and its really sad for a country to look up to LAZ. Zambia is a country with over 14 million people with different views please LAZ learn not to base your actions on options or feelings of your leadership. Think through your actions you siding with UPND and it’s crystal clear to every one in Zambia.
When will Africans stop looking at white people as their saviour? Please learn to solve your own problems or slavery shall continue.The ICC is a racist organisation,it does not have Africa’s interest at heart…For you infomration HH commands at least 47% of Zambia’s support so don’t act like the other half of Zambia don’t matter.
You have my blessings guys. The loser must be indicted as soon as possible
Those crooks friends of Emmanuel Mwamba. That Mwamba will put Edgar is serious trouble one day. From Chavuma now to that law firm.
So while he’s tribes mates are being killed in South, West and Northwestern provinces, President Lungu would rather play pool in Mfuwe? I feel for the victims. Meanwhile the BRE is on its way to Mukuni for peace talks.
Maharaji – Do not cheat yourself. Southern, Western, and Northwestern Provinces do not constitute 47% of Zambia’s population. The suspiciously high voter turnout in these regions should not blind you.
If one needed further proof of Zambia as a failed state, here it is. The ICC is for criminals like Lungu who control state resources which they use to brutalise their internal opponents. This is what PF are doing. Instead this letter is a bluff in anticipation of Lungu heading to the ICC one day. PF can deal with HH and GBM within Zambia if there was evidence of their criminality. But PF don’t understand what running a country entails. That is why they are so defensive, so ineffective, like they are not in power.
The ICC is well aware of the perpetrators of violence are in Zambia. HH is way ahead of you thugs on this matter. His complaint to the ICC was even endorsed by the American British and Germany long time ago. PF have killed and beaten opposition members and it has been proved in court but no arrests have been made.
Givr us the proof of those who have been assaulted by UPND. Last time it alleged that UPND kidnapped government workers but upto today PF has failed to show proof of that.
This law firm will soon be banned from practicising in the western world for endorsing thuggery.
Where is the proof that people in Southern province are attacking opponents.? Is it not the case that PF has sent thugs to all UPND strongholds to intimidate and beat and people only to be over powered by…
A commonly known thief who steals a chicken from a neighbour while everyone is listening as the chicken is making noise runs through the street to his home, leaves the chicken and goes straight to the court, instead of the police station to report that the neighbour stole his chicken. Wow! Someone surely should record this in the genius book of world records.
HH and GBM do not even have immunity and they are not in hiding. Why not report them to the police? Because there is no substance in the issue raised. Where is the tonne of bricks? Where is the big stick?
This is PF showing its face through a private law firm
M/s. Lewis Nathan Advocates,
Please include also
1. Murder of 18 innocent Zambians by the thieving gang of corrupt criminal cartel;
2. Incitement to tr1bal violence by the State owned media;
3. Theft of State funds exceeding 3 billion USD;
4. Blunt disregard for Universal Declaration of Human Rights and African Charter on Human and Peoples Rights;
5. Constant breaches of the Constitution of Zambia – Part III……………..
Do you REALLY think that convicted embezzler and his thieving murderous associates can escape justice? Remember, he who ask justice must come with clean hands!!!
@2SSDP, you are also free to report this case to relevant authorities even outside! HH did that and reported what he perceived as having gone wrong to the AU,EU,UN,SADC,COMESA and has been talking endlessly to Western Ambassodors to tarnish the PF government. He has taken this similar measure as a private person representing a political party! This move by these private lawyers will just work well for all people concerned because if nothing pointing to ethnic cleansing is found then HH,GBM and their party will be cleared and walk with their heads high. But with all those rioting detainees, burnt houses,people staying in government buildings under police protection, what GBM said yesterday,it will be hard for HH and GBM to emerge unscathed!!
I honestly don’t believe what is written in this article is true. If this complaint was in good faith, it should have pointed on Pf and not UPND.
What is happening in Zambia now only a child will or point a finger on the opposition that is why we Africans will never develop. We don’t do things in good faith. Are Zambians so blind or dull to see..!
In Namwala an FDD aspiring MP had her arm broken by UPND cadres in the company of their aspiring MP.
I totally agree with you Benson @ 3.What has become of this country mwebantu?When I first heard this news item on the disgraced ZNBC last night I said to myself:”we have indeed dug our own graves as Zambians”. As a matter of fact PF has more crimes against humanity than UPND.Is it desperation on the part of PF or what?UPND should also write to the ICC accusing PF of crimes against humanity. And do these people really know the exact definition of “crimes against humanity?”. This is what the ruling party can deal with locally rather than rushing to the ICC.Kabu,a defenseless young lady was killed by the PF police armed with live ammunition during a peaceful protest in Lusaka.
GBM openly said it that what is happening in Namwala is Revenge. Just that is enough to take you to the gallows.
This will backfire on the PF. The ICC will send international investigators. Also international media will be very interested. They may uncover things that someone did not want Zambians to see. More than what people saw on Muvi TV. I have a strong feeling this is a very bad move by Lewis Mosho and team.
@Kabu, kwena muli pa Zambia, reporting a broken arm of a candidate to ICC!! OMG!!
Parade the victims. We have actual cases of people being killed by PF instigated violence; with numerous occasions when property has been damaged as a result of violence from these cadres.
But for the sake of the millions of dollars these dirty lawyers have been getting in all sorts of criminal deals, they have the audacity to embarrass the country all in an aim to have a free ride to government money. What a shame. Wish Shoprite Africa can counter this fella and tell the world how he embezzled millions of their dollars.
The international community should know that hey are dealing with criminals that have prised open the country’s golden egg. They are unashamed to continue looting and they want an authority that will turn a blind eye while they fatten and the rest of the people get…
ZESCO has been in the frame for mismanagement. They are very much to blame for the energy crisis that still torments the nation. They are too many questionable contracts ZESCO engages in which on face value appear corrupt. We know these lawyers are involved in a major money deal to secure some questionable million dollar deals with ZESCO. In Africa money comes first before morals or anything else. Betraying people or causes for the love of money is therefore replete on the continent. These lawyers lack the morality to advance in causes of justice or good governance.
ever poorer and decimated by inexcusable deprivation.
Benson do you really see and think or you are just trible?
this law firm is very irresponsible and bias,if it stood for truth and had the best interest of our nation pf atrocities would have precedence on this useless letter,they ought to be ashamed for instigating hate and division one wonders what they are playing at
A very useless law firm. I am PF but do not support such recklessness by a law firm seeking attention. Well you wont get attention but ridicule, find something useful to do. If you cant get clients in the legal business because there is stiff competition now, diversify. I assume you know the meaning of the word.
Kikiki pf thugs ati lawyers Kikiki. Why doesn’t this useless law firm in which ka lungu has shares, represent them in petition rather than denting Zambia name with lies
These are desperate times for Lungu and PF.Having stolen the vote and failing to be sworn in as President for a new term, they are scheming of a State of Emergency to retain power. Lungu knows he stole the elections and a vote recount will expose him as a Vote thief. Lungu wants to abort the Petetion process becoz his vote rigging will be proved to be overwhelming and would rather use a baseless State of Emergency to retain power. When a hungry hyena wants to eat its children it starts by accusing them of smelling like goats. This Petetion will expose Lungu and PF as Vote Thieves so they are diverting public attention from it. People know that Lungu and his Panga Fools are causing all the violence in Zambia. Even ICC in the Hague are aware of this very fact.
I hope the people of Barostseland will finally have an opportunity to be heard over their cry for justice for many years.
If PF want private individuals to be indicted in international courts, this shows why Malozi no longer believe Zambia is a proper country that they should be part of. Zambia is a failed country and an independent Barotseland has a better chance of prospering than a gigantic shambles called Zambia.
You brain is in shambles Buck Teeth.
While I don’t support externalising our internal issues to the outside world especially to the ICC which has been losing credibility,this action by a Private Law firm is good,under the circumstances! HH has been at the forefront of telling anything he is not happy or is suspicious about to the out side world as abuse by the state and party in power. He promised us Armagedon if he lost and before the legal process had even started his supporters went on a campaign of “ethnic cleansing” victimising people from ethnic groups they believe voted against their leader.These are private persons taking action and not the state,just like HH does albeit he is a leader aspiring to lead the country. At least the world will find sometime to know what really happened with HH’s promised Armagedon.
Attention seeking of the worst kind in the Zambian history. Just prior to the elections we witnessed the brutality of PF thugs damaging the UPND secretariat in Lusaka were they vandalized property, we have also recently seen were PF thugs have attacked their opponents in Lusaka’s Mtendere townships. This law firm was nowhere near condemning these barbaric actions. Why do we need to have so much selective justice in this country? Why not sue them in the Zambian courts and if just does not prevail, then maybe we can rush to muzungu for attention? The law firm is a total joke and does not even need to be heard. Zambians must shame this kinda rhetoric from these criminals masquerading as justice seekers. Is it only a crime when the opposition attack those perceived to be in PF? We are all…
GBM and HH have become loose cannons and if not checked can bring untold misery to this country and I quote from one @Shaka “WHO IS THE RULE OF LAW? THE LAW REQUIRES THAT ONE WORKS HARD TO EARN A LIVING, NOT FOR FREE OR STEALING. ARE ALL UPND SUPPORTERS UNEMPLOYED? ARE ALL PF SUPPORTERS EMPLOYED? INVESTOR CONFIDENCE, THE ONE UPND LEADERSHIP DELIBERATELY TRY TO DESTROY SO THAT THEY LOOK TO BE WISE. YOU CAUSE CHAOS IN THE COUNTRY SO THAT U TURN AND BLAME IT ON THE GRZ, YOU CREATE PROBLEMS FOR THE PEOPLE AND COME BACK TO PLAY ON THEM BY ACTING AS SAVIORS? THAT’S HYPOCRITICAL AND SELFISH !!
That Ka report went straight into the bin when it reached its destination.
If it was emailed it went straight into the spam folder.
@14 Spaka like lilo,they already found an intermediary lawyer in Europe to ensure they deliver their case. The final result may just be to keep GBM and HH in check so that their planned Armageddon can be avoided and to pre-empty them from going round tarnishing the image of the country as being lawless when they are the main instigators. People have been beaten,houses and other property,people who use move freely are now under police protection in schools. Meanwhile yesterday GBM said the beatings were a revenge for not voting for them and proof to that many perpetrators of these acts are in police custody. When interrogated,some more evidence will come out to know where this all started from!
kekeke..this will fall back to pf..they are the oppressors..yaba..these two lawyers are bums and crooks..kekekeke
This is utter nonsense. Zambia can handle GBM and HH if it is true that they have commited any crimes. Some law firms are irrelevant to this nation.
@16 Good Samaritan, you are right and so far the police is doing well to quell the riots and attacks. But you would recall that UPND especially HH accuses the police of being PF. So why not for a change have some one from outside to look at these issues objectively the way election observers are invited? HH has over time been appealing to international media and organisations;AU,UN,EU,Commonwealth,SADC,COMESA complaining about the deteriorating human rights and potential of civil strife. Wouldn’t it be fair that the lover of international justice is subjected to it so that when he wins the case he can have international pride as having been declared innocent by the international organisations he loves so much!!
“The above crimes against humanity by HH, GBM and UPND party members have been committed in Southern, Western and North-Western Provinces of Zambia leading to loss of lives, destruction of government property as well as property belonging to those private persons perceived to be non-Tonga and non-Lozi tribes who are also perceived to be non-UPND party members”.
Is this law firm telling us even Kaondes, Lundas, Chokwes, Luvales residing in North Western province are being attacked since they’re non-Tonga/Lozis?
KKKKKKK..WHAT A SICK LAWYER IN THE MAKING.
THIS IS TRASH AND IT WILL BE THROWN OUT FOR LACK OF MERIT.
THIS LAWYER SHOULD INSTEAD DRAFT A SIMILAR LETTER ON PF AND LUNGU, COZ THESE ARE THE REAL CRIMINALS IN CHARGE OF GOVERNMENT.
DONT WASTE OUR TIME ,PLEASE.
Not worth the paper it is written on.
To know the mind of Lewis, google the case of Lewis Mosho v Matildah Phiri 2010/HP/183.
This is now trying to pit the rest of Zambia against ma-Lozi and ma-Tonga. How sick can this law firm be surely? Isn’t this the firm for one of the Presidential aspirants who pulled out? Just reading between the lines one can actually discern who is behind the so-called ‘sosela’ letter to ICC. Good luck because the effort is still born ab initio. The loser though is this collective called Zambia. This is because of certain elements in power who insist on calling others tribal in everything they do.
Please people do not get deceived that law firm has no power to go to the icc. The jurisdiction is in the hands of the government to investigate. When the government fails in that capacity the jurisdiction is in the hands of the icc with the. Consent of the government and not a law firm. It is called the principle of complimentary. Furthermore , the icc can investigate with the approval of the security council. I doubt whether that law firm has international law experts hence that case is going nowhere. That is why they laugh at zambians.