Speaker declares Mukata’s Chilanga seat vacant as UPND questions the decision

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Speaker of the National Assembly Patrick Matibini
Speaker of the National Assembly Patrick Matibini

Speaker of the National Assembly Patrick Matibini has declared the Chilanga seat held by UPND’s Keith Mukata.

Dr Matibini has since written to the Chairperson of the Electoral Commission of Zambia asking the Commission to start making arrangements for a by election.

The Speaker stated that a vacancy has occurred in the Chilanga seat following the sentencing to death of Mr Mukata by the Lusaka High Court last week Wednesday.

But Leader of the Opposition in Parliament Jack Mwiimbu has questioned the declaration of the Chilanga seat vacant when Mr Mukata has appealed against his death sentence.

Last week, Mr Mukata filed in a notice of appeal against his conviction. Lusaka High Court Judge Susan Wanjelani sentenced Mukata to death after finding him guilty of first degree murder.

According to Mr Mukata’s appear notice in filed in the Court of Appeal Holden at Lusaka Criminal Jurisdiction. “… On the following grounds, the learned trial judge erred in Law and fact when she convicted me without my supporting evidence on record to support such a conviction in. The learned trial judge erred in Law and fact when she convicted me based on circumstantial evidence which had more than one inference to drawn therefrom. Other grounds to be included upon perusal and review of the entire judgments,” the notice read in part.

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78 COMMENTS

  1. UPND … jokers!! What’s there to question. The guy is a convicted murderer.

    People need someone to represent them and Mukata is in court trying to lie his way like he just killed a fly.

    The chap killed a human being who had dreams and hopes. May Mukata go to hang please!

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    • These Opposition are selfish as I always state …they always think of themselves, we just need 5 independent MPs with the mindset of Julius Mulema to shake things up…those foooools are too comfortable especially that GRZ are renovating their Private flats and their slaughter house Parliament Motel.

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    • This Lungu’s PF remains the most corrupt and inconsistent in the history of Human politics. As I understand it Mukata, Luo and Mwanakatwe have all appealed in their court proceeding. Luo still remains an MP for Munali and Mister of Higher Education while Mwanakatwe has even been elevated to Minister of Finance. Mukata is a rebel UNDP MP but like the others he has appealed and should still be at least MP until the case is disposed off. I am not a lawyer or a legal person but Lungu is a joke who manipulates everything in Zambia and this cannot be allowed. Is it the law of the jungle or Law of Chawama? Fusekeni! Someone was killed ok but some people were injured in Munali and racial injuries were inflicted in Lusaka Central!

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    • The difference is Keith is behind bars for murder…its fallacy to even attempt to make comparisons, either way he is going to be in Jail for a long time!!

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    • Jay Jay Fuseki. Has Keith’s case been disposed of? No! Has that of Woman-man’s been? No! Has Mwanakatwe’s been? No! Is Zambia led by the laws of the Jungle? Maybe in the minds of people like you and Lungu, a purported lawyer masquerading as a President. You are the people that is wrong with humanity who bend rules to suit what they think at any given time. I don’t want to waste any more time with you. Don’t get me wrong justice needs to be done for the deceased but so has it for Keith. Fuseki nomba!

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    • Analyser – there is no need to throw your toys out of the your little pram…you honestly think Kieth is going to walk and come back to being an MP like nothing happened…really laughable..go and climb up your baby cot and sleep!!
      Good nite!!

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    • I have followed your thought on this issue and i myst admit that you’re right. Counsel these under5s. Mukanta has already been convicted of a criminal offense period. The only battle he can fight for is his case be reduced to manslaughter which also makes him still behind bars indefinitely. Its only ecl the one you’re insulting who can overturn the case . Stop insulting ecl because he is the saviour for Mukanta.

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    • “But Leader of the Opposition in Parliament Jack Mwiimbu has questioned the declaration of the Chilanga seat vacant when Mr Mukata has appealed against his death sentence.”
      NINSHI BA UPND ARE EXPECTING THE APPEAL TO TURN FROM DEATH SENTENCE TO ACQUITTAL, KA? STILL EVEN IF IT WILL TURN INTO ACQUITTAL, THE SPEAKER IS NOT AT FAULT TO DECLARE THE SEAT VACANT GOING BY THE CURRENT COURT RULING. THE CHAP CAN BE HANDED BACK HIS KANTEMBA AFTER THE ACQUITTAL FOLLOWING HIS APPEAL TO DEATH SENTENCE. IT APPEARS LIKE UPND WOULD HAVE ACQUITTED THE CHAP IF JUDGES CAME FROM UPND. UKASHUPA DICTATORSHIP NABA MA GUYS.

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    • It seems undp chaps are trully danderheads. This explains why their tribal southern province leader has lost 6 elections & will continue to lose every election in Zambia. These pipo they oppose everything even use.less things. With this use.less under 5 mentality of opposing rubbish all the time, you will rot in opposition you tribalists

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    • @ Jay Jay

      I am disappointment with your superficiality.
      Try to read relevant provisions of the Constitution and you will see the grounds which justify concern related to Hon. Matibini “declaration”. After all, the law of the Land must be applied equally to all persons in Zambia and Hon. Matibini acted contrary to the provisions of the Supreme Law of the Republic of Zambia.
      I am not surprised with comments of usual members of PF “intelligentsia” (LOL) like sharon/victor, peter and alike. After all, it shows usual PF pattern in “adopting” and “discarding” opposition MP’s.
      Shame, I thought that you are objective contributor.
      Well, no body is perfect?

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    • Come on you guys, mwanakatwe and Luo have both appealed their cases !, what has happened to their seats?? …., @jayjay stop jerking yourself it’s too early boy

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    • @ndobo

      Ask yourself why his seat was not declared vacant from the time his case was active in court. The problem wuth you under5s us that tou know nothing about law. The soeaker is following tge law not and not what you think. Read our Constitution on where it says how a seat becomes vacant. Chilanga exactly fulfils everything about declaring it vacant and your under5 insults unfortunately cant help matters. Just go drink S26 and dont forget to cry fir cerelac .

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    • @oval head
      I don’t want you to suck me like the way you suck kazier and PF,
      If after living under the bridge in Australia for some many years you don’t understand the meaning of the word fairness, then you will never what Donald Trump meant when he said sh…….hole

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    • @Jay Jay ifitala fyabupuba fuseki. I am not saying that Keith might be getting off the hook anytime soon. I am saying that the legislative arm of government should not be quick to influence the course of justice for anyone. Because of people like you, Zambia is in a crisis like Dr. Shishuwa, the oxford schoolled, has just awakened to that fact. People like you have thrown the baby out of the water and we ain’t going no where at the moment. Have you not heard about people being given seven life sentences? Does that mean such people will die then come back seven times to serve their sentences? You are a jerk!

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    • @ndobo

      Just encourage Mukanta to contest his seat in the high Court and they will grant it to him. Maggie and luo did the same hence still mps. Mukanta has only appealed his sentence and not his seat. What fairness are you talking about because the cases of the others are different from keith. If you insist that they are the same then do us a favour by telling us what murder cases the other two committed and when. JJ said its a waste of time educating under5s and now i understand.

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    • Jay Jay, no-one is disputing that Keith killed a person but that he should be given a chance to be heard again through an appeal he has filed-in. His case is not concluded yet and so, he must by allowed to be an MP until then!

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    • Mukata is not appealed his conviction. Mukata is appealing the sentence. He feels that the death sentence is too harsh for a first offender. The fact that he will not be available to represent his constituency justifies the declaration of the chilanga seat vacant!!!

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    • My humble thoughts: IS A NOTICE OF APPEAL an APPEAL at Law? Let someone explain this to me as soon as possible.
      If the answer is NO then Dr Matibini is acting within the provisions of the Law, if the answer is YES, then Hon Keith Mukata is still just an accused person and not a convict yet. This then may follow to be a misapplication of the Law; YOU ARE INNOCENT UNTIL PROVEN GUILTY!

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    • I had a lot of respect for Matibini until I convinced myself that he is in that house as a biased cadre ever to be on that seat bent on increasing the numbers of PF MPS but he will be shocked like all of them. Speaker R Nabulyato must be turning in his grave if there is such a thing.

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  2. Has there been anything that the animalia kingdom has never ever questioned? Good job Mr. Speaker! You and all the sane people live in the land of reality. They live in the tribal land of insanity.

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    • There are so many seats in PF need deleted in Parliament:
      – Kambwili
      – Luo
      – Margerete
      What’s so agent about Mutaka.

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    • The seats for Maggi and luo also ck are challenged in the courts while Mukanta is not challenging his seat but battling with the sentence. He cant walk to freedom even if wins his appeal. He will just escape death by hanging to life imprisonment while seats of the others are may be reserved and given back to them deoendinf on the evidence though i doubt for ck because he has become an active member of another party.

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    • @Nostradamus
      Right as always brother , you rare a breed of zambians, your genes need to be protected, now I understand why Trump desperately wants you to be American at all costs

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    • Maybe Mukata has just filed a Notice of Appeal against the SENTENCE and not his CONVICTION, ba LT please publish both the Judgement and his purported Notice of Appeal. He could even be playing the legal gymnastics of PLEA BARGAIN for his sentence to be looked, eh!

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    • @Sharon, I am not going to romance anyone on this. Keith brought that chinese gun from PF.
      Yes fire him from UPND, let’s go for elections. Let’s test local ballot papers.

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  3. What if the supreme court find him with no Case? Maybe The speaker already know that Mukata’s appeal is going no where hence declare his seat vacant.

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    • That case is going nowhere Mukata will appeal and then his case will be heard in 7 -12 months time..how about the people of Chilanga? The utterly Lazy Lungu will pardon him anyway as he is morally bankrupt.

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    • How long can one be away from parliament and still remain MP? How long has Keith been absent? How long more will he be absent as he fights for his freedom? Is he available to represent his constituency at the moment? Not sure his case is similar to the others cited on this forum!

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  4. Typically immature selfish UPND…lacking strategy and tact as usual…of what importance is his appeal you mean you want him to still be getting paid for as MP at the expense of people of Chilanga.

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  5. Keith should withdraw his appeal in court and instead wait for the Republican President to pardon him. Keeping the matter in court is reopening old wounds and can be hurtful to the relatives of the deceased.

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    • @ nzelu,
      the “dude” has killed someone and YOU the REAL CLOWN are conveniently forgetting to mention that “dude” had embraced Plunderers Federation under chairmanship of Endemically Corrupt Leader?

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  6. There is some inconsistency in the Courts. Prof Luo and Mrs Mwanakatwe are first disqualified as MPS and becoz they appealed to Concourt they remain MPs and Ministers. Keith Mukuka is convicted at the High Court and has appealed the sentence to the Supreme Court but the Speaker declares the MP’s vacant. What if the Supreme Court heard the Appeal in 5 months’ time and Mukuka wins the Appeal? If u appeal to higher Court u are not guilty until your appeal is heard and the sentence is upheld. Its strange that an Appeal to the Supreme Court doesn’t suspend the High Court Judgement. Most unusual.

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    • Mukuka’s seat is still valid. The seat that was nullified is Mukata’s. Your argument is therefore invalid.

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  7. I’m not pro UPND but this biased speaker seems to have the PF in his pocket and always quick to move against opposition parties.

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    • Did keith appeal against his seat or sentence. If he appealed against his seat there’s no way it can be deckared vacant just like the seats of luo mag ck. Under5s you need to grow please.

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  8. Its a pity that upnd find faults in everything!!The speaker is 100% right.Keith Mukate killed an innocent person who even voted for HH on 11/08/2016 but you want Chilanga people to remain without a representative?nobody can compare Kambwili,Luo and Mwanakatwe court cases to a upnd murderer Mukata.those three PF MPs are not in jail.so they still mingle with their voters oftenly while upnd’s Mukata is in jail.HOW MANY LODGES ARE IN LUSAKA?A LOT SO WHY DID YOUR MP CHOOSE TO GO AND DO A HULE AT HIS OFFICE?Typical bantustan manners-greedness-failing to book a K350 room at a lodge then do that hule!!KEITH MUKATA SHOULD ROT IN JAIL FOREVER!!
    Please allow Chilanga residents to vote for a new MP!!

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  9. Ba Cadre mwafula pa LT this is the best time to unlike
    Nothing constructive is being discussed here nabwekela ku smart eagles

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  10. Jay, the law has to be applied equally without impartiality, why rush to declare a seat vacant when someone hasn’t exhausted his legal options, Luo, Mwanakatwe and kambwili are drawing salaries, this is not a question of strategy but the constitution being applied fairly, the country is a joke now with two nullified seat and the goons are drawing big salaries when their seats were nullified now they want to force judges to side with them and those judges know doing so is jeopardizing themselves in future as they may face prosecution for all these acts

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    • They are still available for the constituents…whilst you are busy complaining and crying the Ruling Party will hit the ground campaigning. UPND never liked Keith anyway and wanted to kick him out…they should thank the Speaker.

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  11. the same people that said he must fall because he is pro lungu.

    why did mcs call thse people u5s . atleast now i understand.

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  12. There is a difference between Mkandu Luo and Keith Mukata in that Hon Luo is not facing a criminal for which she can be incacerated. She is free to go to the office and attend parliamentary proceedings, wheras Keith is facing murder charge for which there is no bail. It is not bailable even when there is an appeal. He cannot therefore attend parliamentary proceedings. I think the speaker is not biased because he has also allowed GBM, Mile Sampa, Kambwili etc to remain in parliament while their are pending in court.

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    • You are wasting your time explaining to toddlers…they will go to their lawyers for advice and part with their money!!

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  13. Is there anything to contest here? The speaker is right. The guy has been convicted of murder. This guy is a murderer. Oh let him close in on these corrupt charlatans and see what mulder can do.
    Everything nikushusha even things that are straight forward for everyone to see. What kind of people are these UPND kanshi???????
    This is serious disaster.

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  14. Keith Mukata’s appeal to supreme court is to reduce the sentence and not to squash it. He cried for leniency in the high court when he told the court that he was the first offender and also that he has so many responsibilities.
    Wishing for the case to be overturned is a show of lack of humanity. UPND don’t show the world that you are happy with Keith’s killing.

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    • @ godfather

      Can you please educate yourself before making “learned” (LOL) comment?
      From 2nd January 2016, any appeal against judgement of the High Court goes to the Court of Appeal and if the Appellate Court allows, the appeal against Judgement of the Court of Appeal shall be finally determined by the Supreme Court.
      Capischi?

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  15. I remember how Spaka and Co. called Keith a PF stooge and that Edgar was going to pardon him. That’s why I don’t take some bloggers seriously on LT.

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    • for your info, the Head of State cannot pardon anybody until FINAL determination and conviction.

      The reason why your comments are always half crap and half sh!t its because you are clueless about law?

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    • It’s not for my information, I am just quoting what your people have been saying. Don’t be chameleons who change with every situation. Even Upnd had been planning to discipline Keith for attending parliament during your boycott.

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    • @ ndanje khakis

      “… I am just quoting what your people have been saying…”
      What do you mean by “your people”?
      Irrelevant of your usual “intelligent” (LOL) answer, your backwardness and misplaced worship of the “anointed”, “visionary”, “humble” and utterly corrupt and clueless “leader” (LOL) guaranties that your approach to any discussion starts and ends with “us” versus “them”.
      Can your pea size brain accept that there is HUGE MAJORITY of Zambians who are neither “us” or “them” and they have same rights and obligations as “yours” and “theirs” followers?
      Or to be frank and to the point, if today there was election between “yours” anointed one and anybody else (not limited to “them” candidate), majority will vote “yours” out of the office.
      Do you…

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    • @ ndanje khakis

      ….
      Do you know why? Because “yours” does not have moral integrity to hold that office and that is not because of “them”, but because of “yours”.
      Did you got it?

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  16. Put simply, the current Zambian governance system is completely rotten and everything around is a reflection of a people whose future is totally unknown. This system of allowing cadres to be at the helm of leadership starting from the President, Vice President, some cadre cabinet Ministers, cadre Attorney General, Cadre Speaker of Parliament ( I don’ t whether the Zambian Parliament is really a Parliament or not), Cadre IG of Police, Cadre Commander of Army, the list is endless. What do you expect ? The other funny thing is many of the guys above are all foreigner, who are illegally in Zambia. I know of Some who is from Chitipa in Malawi, how he became Zambian, nobody knows. No wonder, we have got this chaos everywhere in the government. A cadre, what special input can he/ she have…

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    • Anyone who works with government to you is a cadre. You may end up without anybody if you keep on with this attitude.

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    • And who are you?and where do you work?and do you know definition of a cadre? and lastly is Chileya your name?uninformed and ungrateful cadre!

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  17. Guys please don’t insult the speaker. You are just exposing yourselves. Just read the Zambian law or go ask lawyers to read and educate you, then you will see that the speaker is very innocent, well educated. PERIOD!

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  18. Imwe ba upndeez what is your problem?
    Tell Hon Keith Mukata to appeal the Speaker’s declaration of his seat as vacant and he will remain MP pending appeal. It is only when Mukata appeals his seat that you can compare with Honourables Mwanakatwe, Nkandu Luo and perhaps the fatso foul mouthed pig Chimbwili.

    You will note that Mukata is fully aware of his seat being declared vacant but has not contested the declaration. So are undeez suggesting that their ill informed funny noises on LT amount to an appeal to the appeal court on his behalf? Or is there something that upndeez know and are not telling us about the “murder” that night? Maybe Mukata is not the one who shot the victim? Anything is possible with anyone in upndeez.

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  19. not an appeal,but place an injuction restraining the speaker’s declaration of his seat being vacant untill de matter is fully disposed off by the supreme court were Hon Mukata has appealed.
    but smell rat Pf’s fund raising was recently held in chilanga.

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  20. i need help here,
    i ve read all the the comments and still haven’t found the answer..
    this is how i understand this issue,
    Luo, Magie and Ck are fighting for their seats in court, meaning they have all the rights to remain on their seats in parley and they are still representing their members of the constituency until they are proven guilty as charged. i relate this to the landlord vs Tenant fight, where a tenant will still remain in the house of premises until ordered to by the court.
    keath on the other hand is fighting for his freedom and has since been sentenced to dearth. he has been in custody i don’t know how long and still is and will still be there until he is proven clean of of the charges. in this case i still relate it to the state against some one’s tenant, why…

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  21. @24 me 1. I take it that the learned speaker is relying on article 72 section 2 subsection b of the Ammended Constitution among other laws. Even if you read that and other relevant laws, issue still boils down to the specific context of Keith’s current predicament. If UPND and/or Keith do not agree with Dr. Matibini, they can seek judicial review.

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  22. By the way as Chamain’s (Mutaka’s girlfriend) uncle, I intend to sue Keith for willfully taking my niece to an indecent place. I also want to sue for subjecting my niece to gunshot noise and therefore trauma. Any advice before I proceed please

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  23. This issue is very clear Mukata killed a human being.
    The supreme court will not overturn the judgement.
    It will uphold high court’s decission.
    Please distinguish Ck,Luo and Maggy’s case its totally different.
    Ba Mwiimbu should have guided us on this one as a senior legal practitional instead he chose to politic.

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  24. Appeal ehh. What are the chances that the charger will move from first degree murder crossing slide down below manslaughter to acquittal? Respect every human life or else you face the wrath of the law.

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  25. When is murder murder? Has the police Officer who murdered Mapenzi been charged with murder by the Police service on behalf of the people of Zambia?

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  26. Japanese people”s assistance to ZAMBIA is questionable! One it is a well known fact that UPND is their party and all tuma so called aid is in UPND strong holds ONLY, Is it because their names are from southern province thus why they like HH? all japanese names its either an H is involved or to pronounce them one needs to eat well before calling the name. SECOND LAST PHOTO hmm.. This type of dressing by VP and a kankubiti for central province is very disgraceful, too much backwards, retards. Photo number one kavindele was the best VP ZAMBIA had follwed by criston tembo and nevers, can”t EK be adopted for chilanga then ECL appoints him VP? Fist lady is very hardworking woman and is a master of fields AIDS, medicine (Inserting tuma hearing phones) awarding degrees to medical women etc 1 2

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