Chanda Chimba convicted, remanded in custody (updated)

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Chanda Chimba III, the producer of the infamous television documentary, dubbed "Stand up Zambia"
Chanda Chimba III, the producer of the infamous television documentary, dubbed “Stand up Zambia”

The Lusaka Magistrate Court has convicted Lusaka Freelance Journalist Chanda Chimba over his role in the production of controversial television documentaries called Stand up for Zambia.

The Reporter who is now undergoing treatment for prostate cancer was found guilty for disposing property suspected to be proceeds of crime.

His co-accused former Information Minster Lieutenant General Ronnie Shikapwasha and former Information Permanent Secretary Sam Phiri have been acquitted on charges of abuse of authority of office.

Magistrate Obbyster Musukwa also established that the business trading name Phibajo Productions has been found to have been operating without any formal registration of the business at the National Archives.

He has also been convicted for disposing off property reasonably suspected to have been obtained from unlawful sources.
Mr. Chimba has since been remanded in custody and will be sentenced today.

Delivering the verdict yesterday afternoon, Magistrate Musukwa said the prosecution proved beyond reasonable doubt that Mr. Chimba’s firm had no capacity to pay for documentaries aired on public and private media outlets.

Magistrate Musukwa on the other hand ruled that the prosecution failed to prove that Gen. Shikapwasha and Mr. Phiri directed that ZNBC should air the Stand up for Zambia documentaries in 2010.

The trio was found with a case to answer in June 2016 on charges of abuse of authority, unlawful publication and possession of property suspected to be proceeds of crime.

Mr Chimba was producing a controversial TV Series called Stand up for Zambia which aired on ZNBC and was notorious for propaganda against then opposition leader Michael Sata.

The Permanent Secretary was accused of involving ZNBC in arbitrary decisions against the editorial policy and independence.

Background

In 2011

Patriotic Front (PF) leader Michael Sata sued the publisher of Stand Up for Zambia (SUFZ) News, Chanda Chimba III for allegedly publishing defamatory articles about him, including his sickness.

The late Micheal Sata claimed he had been seriously injured in his character, credit and reputation and was demanding damages and an injunction restraining Mr Chimba and his servant or agents from distributing, circulating or selling the said tabloid until determination of the matter.

He said Mr Chimba’s publication alleged that his sicknesses had led to fears that he might not lead the country longer due to his serious medical condition.

In a statement of claim filed in the Lusaka High Court, Mr Sata said the defamatory articles were under the headlines “Sata is a sick man”, “Close encounter with the Cobra” and “King Cobra spearheads homosexual campaigns”.

The first article stated that he was diagnosed with four threatening diseases in September 2009 after undergoing 22 different medical tests at a named clinic in Lusaka.

He said a tube was inserted to pump out some fluid around the heart as a consequence of his heavy smoking and that there were fears that even if he was elected as president, he would not lead the country for a long time because of the serious medical condition.

The second article stated that he would make a dangerous leader should Zambians make a mistake of voting him into office because he was exceedingly tribal and a reckless dictator.

It stated that Mr Sata lacked any qualification to be head of State and his understanding of issues was limited to attacks, insults and lies.

The third article indicated that his desperation for power had turned him into a pro-gay activist.

“Sata is desperate because the Orange Party in Taiwan which bankrolled his last three attempts at the presidency is out of power and is demanding back the money that they spent on him and the land and other things that he had promised.

“Following the loss of power of the Orange Party in Taiwan, Mr Sata has now turned to gay activists and countries that support homosexuality to fund his campaign so that in return he would enhance gay rights in Zambia.

Mr Sata said the articles in their natural and ordinary meaning were understood to mean that his health had considerably deteriorated, and that the Zambian electorate should not vote for the plaintiff in the forthcoming presidential election as he was unlikely to conclude his term of office due to poor health.

Mr Sata contended that although he had been evacuated to South Africa and treated at Milpark Hospital in Johannesburg, he was discharged after full recovery in the same month and even participated in the presidential elections as a candidate under PF. He had also engaged in vigorous countrywide campaigns as a testimony that he was in good health.

In 2013

ZNBC sued freelance journalist Chanda Chimba III demanding that he paid the Corporation more than K500, 000 for legal proceedings instituted against the national broadcaster for airing the “defamatory” Stand up for Zambia programme on his behalf.

2013

Chanda Chimba III faced two counts of unlawful printing and publication contrary to section 5 (1) of chapter 161 of the laws of Zambia.

Particulars of the offences were that between June 9 and July 28, 2011 and August 25 and September 26, 2011 respectively, Chanda Chimba III unlawfully did cause to be printed or published a newspaper “Stand up for Zambia” which was not registered at the office of the Director of National Achieves of Zambia.

It wass further alleged that Chanda Chimba III unlawfully did cause to be printed or published a newspaper “News of our Times” which was not registered at the office of the Director of National Achieves of Zambia.

In the last count, Chanda Chimba III wass charged with an offence of possession of property suspected to be proceeds of a crime contrary to section 71 of the Forfeiture of Proceeds and Crime Act No. 19 of 2010 of the Laws of Zambia.

It was alleged that on dates unknown but between June 9 and September 16, 2011, while in Lusaka Chanda Chimba III did have in possession or control an accumulated total of K611,440,433.12 money he paid for his private media and printing services to ZNBC, Muvi television and Zambia Daily Mail Limited respectively, money which was reasonably suspected to be proceeds of crime.

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66 COMMENTS

  1. This is the right judgement and message sent to everyone; you are free to write about politicians and expose them but not using state funds! In the meantime, after sentence, I urge Lungu to pardon him due to his condition, Sata would have.

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    • A wake up call for all journalists. Be professional in your work and stay away from political inclination especially when you are asked to make use of public resources for free. Be objective and live by high standards of journalism and you will be rewarded with merit.

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    • Prempt, pardon is good but what about all other prisoners suffering from different ailments in prisons, should they also be forgiven? This is our problem in Zambia we show mercy to people based on their popularity. e.g Kanene. A lot of people are ill in prison and will be unfair to them if this dude is let loose.
      Any way Mr Lungu will let him loose because for Mr ECL it is all about popularity and not objectivity.

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    • Wow wow, so its serious business to shut down media kaa.
      Only Chanda has been betrayed by RB… I feel sorry for him, especially knowing that he just lost itooole to sickeness.

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    • @Mushota shut your trap? You look no better than the ‘pot You are calling Black!
      Speak on substance all the time! Ugly- my foot!

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    • The question begging to be answered is ‘How did Chimba have access to this property he disposed off?’ Who gave it to him?’ I hear this one has been ‘acquitted’. Poor Chimba you forgot to campaign for king ECL

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    • The way and means Chanda used where bad. What ever he published has come to pass apart from the Homo lies. Sata was dangerous he left a drunk in charge of our country. He was sick and being president made he’ condition worse.

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    • If RBi or is it RB pulls the strings in the current hopeless PF leadership why can’t he rescue Chanda Chimba who risked his life to run those documentaries esp that Sata even won the elections?

      I used to believ RB pulls strings cos even Shikapwasha, a senior carrier soldier, had to back PF for protection more so cos RB is associated with it. But when it comes to Chimba the man is left alone.

      Cud it just be playing tricks with our minds for a court outcome already predetermined in order to deter future retrials of Chanda since Chimba will be viewed having been cleared thru due court process?

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  2. no amendments, but what people said , we need ministers out of parliament to promote separation of powers

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  3. Long over due, let him rot in jail. He is going to be a shower for buddy for someone in there. now the courts should follow RB for abuse of authority because we all know that it was Rb who was funding Chanda chimbwi hateful documentaries and Such kind of political campaigns we saw could bring chaos in a country, its time to hold people accountable for their actions.

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  4. LT… This is poor news coverage. What charges were Chanda Chimba III facing? You need to have journalists specialised in covering Court matters…. Dont use Sports Reporters to cover everything you want to be news…

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    • @ Peter Njovu, there were no hateful documentaries against HH and UPND OR Tongas. Its a reality, HH and Tongas are tribal, in work places, in the community. They employ their plus they are full of hatred for other tribes like Bembas. They are shameless. So peter don’t misrepresent facts in an effort to mislead people

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    • @JK.

      You sound bitter about Tongas , Talk about HH and UPND as politicians.

      If you hate Tongas, leave them alone, am sure they dont need you as an individual but they need Zambia to be well governed for benefit of all Zambians.

      Avoid dying a bitter person for nothing.

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  5. There was nothing wrong with the message in Chanda Chimba’s documentaries. He was convicted on a completely different charge to punish him for telling the truth. Sad!

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  6. This guy thought was a star when he was feeding the nation with sarcastical news.but look at him now,let him go and rot in jail,no leniency on this and RB the facilitator should also be investigated and caged if found wanting.

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  7. I have all the recordings of Stand up for Zambia and I have meticulously followed them to the fullest. I have discovered that what Chimba produced was actually the truth. I know tha this will not be swallowed by a PF cadre. I wash my hands as pilate did before the cricification of Jesus. As regards theft, let RB testify!

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  8. chanda chimba you brought so much pain then to the late president MCS Mhsrip you where just used by selfish politicians who have been acquitted now you are own your own this a big lesson and the are enjoying coffee in there homes with this rain season and you?

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  9. This is the problem with politicians. They would use you to suit their political ambitions and desires but in the end they get acquitted and the person they used goes behind bars. And this also happened to Richard Sakala in the Chiluba regime. Richard went to jail but Chiluba was acquitted.

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  10. Chagwa himself was worth 1 ngwee as a lawyer and survived on stealing widows’ monies. Chibaboon Kashimba was a poor scrap metal thief but now he is building hundreds of high cost houses, all within just a few years you can count on one hand’s fingers. Now, are these the same chaps who can accuse Chimba of owning on selling property so called reasonably suspected to have been obtained from unlawful sources? Anyway, only time will tell but the end will not be good for PF. Besides, all the things Chimba said about Sata were nothing but the truth, I,m glad that tribally bigoted SOB died and suffered a lot before kicking the bucket. Good too that he died in his colonial master’s country, let his soul dwell and sweep the London Tube train stations for an eternity.

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    • Gents/Ladies, you are all missing the point here, how is this Edgar Lungu’s problem? if he had been acquitted you would have called him names that hes betrayed late MCS (MHSRIP). Now that hes been found guilty hes become an angel…. lets be real for once

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  11. Bene RB and Shikapwasha that were funding and supporting him them they’ve remained too enjoy their freedom and ill gotten money, they’ve washed their hands off him.

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  12. IN ALL THIS, I BLAME RB. DOES THAT OLD MAN HAVE CONSCIOUS? HE MANAGED TO SECURE HIS OWN RELEASE BUT CAN NOT THINK OF THE SMALL BOYS HE WAS USING AGAINST SATA THEN. ITS SO STRANGE THAT AFTER EXPRESSING SO MUCH HATE FOR SATA, THEY ARE YET CHEWING FROM HIS SWEAT. I USED TO LIKE RB BUT HIS DOINGS ARE HAVE MADE ME THINK TWICE. POOR CHANDA CHIMBA

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    • This is why we say, live your life and never sacrifice it for a politician. These are not your friends, they are self souls. HH HH HH OR ECL ECL… busy praising him as if he puts food on your table ubupa

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  13. We as a party look forward to a time when politics will not be about settling personal scores. When answering for corruption will not have to wait until someone is out of office. When the investigative wings will move swiftly and efficiently so that those suspected of corruption are not investigated whilst on trial. Our nation can be much happier than it is we have many none issues that we as politicians have fueled and a gendered so that we can fix our perceived enemies. Its a big shame

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  14. I think we are missing the point here. Chanda has been arrested for been in possession of proceeds thought to be from unscrupulous sources. Money thought to be from government.

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  15. He was doing this for Rupiah Banda. But where is RB today? He is having breakfast with Lungu. That is how things turn out.

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  16. How come Ronnie is not guilty. Chanda Chimbwi sorry Chimba the people who used you are no longer with you. Tawakwata FIVE you have no tangos plus jail lyashi lyobe mune….

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  17. Only a fool will not see that all this is just to fulfil what is called the rule of Law, this Man is not going anywhere, there are only two options, its either he is fined or a simple custodial sentence, If he is fined all is well money will appear from nowhere, a custodial sentence will be appealed and it will take 3 years to conclude during which because of his works with prostate cancer foundation of Zambia, he will receive support and maybe even a pardon..Zedians learn to appreciate courageous people like CC3 how do you keep someone who can write extremely good scripts and also able to pump a little of some sense in the majority of you who are lazy to read behind bars? Most of what is said to have been malicious articles where recaps from the Post Newspaper if you really followed that…

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  18. Help me understand, in the first instance what he said about Sata was true and didnt finish his term. This is what you call being left to hold the bag! Lesson to all those peddling agendas, always play chess and watch your 6!

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  19. Was Chanda Chimba lll a prophet or Journalist? He said MCS will not finish his term if elected as president, well just thinking.

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  20. Journalism is such a poor profession it is prone to being used by any rich manipulator. Chanda needed food and he was there for the taking

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  21. It’s not going anywhere. Umuntu wa kwa RB tewakwikatako. Poor governing and poor judiciary

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  22. When you are promised moons and mountains by politicians you sung and praised them all year round.
    Journalists you have to learn a lesson. The magistrate here is sending a signal to those who the politicians misuse like Times of Zambia reporters, ZNBC, and other government agencies.
    Lungu will use you and dump you.
    Chimba III abused by RB and Shikapwasha and dumped him.
    Today is a bygone

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  23. what goes up comes down.chanda chimba is an adult with a family who was supposed to be ready for the consequences of wat he was doing when he was on top of the world.let the law take its course and if possible let him get the maximum sentence for the offence he commited and if he is still facing otha charges,plz bring them fast so that he is also convicted and sentenced for the same for mockn us who supported the pf in opposition.if ecl was to pardon him ,then he must pardon all the sick inmates for that chap is not special in any way.kikikikikiki,chanda chimbwii boyi bola naikosa

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  24. Now lets unpack and examine this in a rational manner:-

    The first article:- “Sata is a sick man”
    Factually TRUE. Sata subsequently died in office of poor health. So, what’s the problem?

    The second article:- “Close encounter with the Cobra”
    Factually TRUE. Yes Mr. Sata was exceedingly tribal – Unless you are blind and deaf with learning difficulties, you will be fully aware that under Sata’s short rule, tribalism sprung up in Zambia like never before. You will also you know very well he appointed his bululus into Govt. And yes, Stata was a reckless dictator – e.g. the way he handled the issue of ba Chitimukulu speaks volumes. It is therefore very true his understanding of issues was limited to attacks, insults and lies. So, what’s the problem? These are facts!

    The third…

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    • …Cont’d..
      The third article “King Cobra spearheads homosexual campaigns”. It is factually TRUE Mr. Sata was not against homosexuals. So, what’s the problem?

      Further more, with regards to the money issue, i.e. “in possession or control of property suspected to be proceeds of crime”. In short, Chanda Chimba III is a suspected accomplice in a suspected crime. So, if you genuinely mean well, why not pursue the prime suspect in the first place, who is none other than RB?

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    • Agreed. Satas defamation case falls off. Allegations proved on cobras death by deed
      So if the mahafu.. Was manna from rb..case washout coz main culprit Rb has immunity…mulekeni mwana what he predicted turned correct.

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  25. this is unfair, where is RB who has saved some of former ministers and are now in pf gvt.Chimba3 did all that in order to win votes for RB.Look at his co accused- free and walking head up!!!!!!!.So we must be careful the way we support these politicians.

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  26. @ Peter Njovu, there were no hateful tribal documentaries against HH, UPND, T..on .gas etc, the bitter truth however is that HH, UPND and T..ongas in general are tribal. The problem with you Ton.gas is that you don’t want to hear anyone say that you are tribal. You want to practice tribalism but you don’t want people to say it, no, rather you want people to say you are not tribal, when they say it, then they are hateful etc.
    Fact is that you can’t deceive anyone cheap strategies, because people have seen your tribalism…… its plain its in the open, even children have seen it.
    Don’t live in denial just face it and deal with it

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  27. CHANDA CHIMBA IS A HERO AS WHATEVER HE PRODUCED HAS COME TO PASS. THIS IS WHY HE IS NOW CALLED PROPHET CHANDA CHIMBA BECAUSE HE ACTUALLY SAID THE TRUTH THAT HAS COME TO PASS. I HOPE HE CAN BE PARDONED.

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  28. Chanda Chimbwi advise your brother Mosi Chanda to stop insulting the judiciary because issues will catch up with him one day when he is not in state house.

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  29. Chanda Chimba III spoke like a prophet in his stand up for zambia. All that he said was brutaly true and came to pass. The judge must be ashamed to convict him and the complainant was no more. RB and Shikapwasha paid Chimba. No proceeds of crime.

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  30. He is merely a scapegoat. Shikapwasha and P.S former Sam Phiri have been acquitted. What he published was actually true. Let justice prevail.

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  31. Chimba got 1 year 0.5year on behalf of Shikapwasha 0.5year on behalf of Sam Phiri equals 2years. These two guys are as guilty as Chanda Chimba

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  32. So he was “madman acting alone” in making a TV series? Give me a break, at least question alabee and dollar

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  33. Chanda Chimba used to be a journalist at znbc. He decided he was made for bigger things. He abandoned znbc and went fully political in all manner of ways. Now look at the consequences!

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Comments are closed.