Lusaka Lawyer Milingo Lungu has revealed that Solicitor General Marshall Muchende State Counsel, wrote a letter to the Director of Public Prosecutions Lilian Siyuni State Counsel requesting her to adjourn a criminal matter before Magistrate Felix Kaoma to facilitate the conclusion of the KCM negotiations.
And Milingo has insisted that the bargaining agreement was spearheaded by President Hakainde Hichilema’s Principal Private Secretary Bradford Machila and Special Assistant for Legal Affairs Christopher Mundia among others.
This is in a matter where Milingo has applied for a stay of criminal proceedings against him before the Magistrates’ Court pending hearing and determination of his petition.
However, the State has asked the Constitutional Court to dismiss his application to stay the criminal proceedings.
In response to the State’s application to dismiss his petition, Milingo has filed an affidavit in reply to affidavit in support of the respondents answer to the petition and opposition to the affidavit verifying cross petition dated May 4, 2022.
In this affidavit, Milingo the former KCM Provisional Liquidator has named others as Attorney General Mulilo Kabesha State Counsel, Solicitor General Marshall Muchende State Counsel, Director of Public Prosecutions Lilian Fulata Siyuni State Counsel and Natasha Kalimukwa Administrator General as people who spearheaded the meeting that negotiated the deal leading to his resignation.
According to Milingo, the bargain agreement led to his resignation as provisional liquidator, to enable him participate in the audit to reconcile his renumeration fees and any monies drawn with full and frank disclosure in exchange of the payment fees due as outstanding and dropping of any criminal charges and immunity/ indemnity, from prosecution in respect of any acts or omissions done in the performance of his duties as Provisional Liquidator of KCM.
He stated that his resignation was not unconditional as alleged by the Attorney General, saying the terms agreed in the meeting were reduced into two agreements, namely the consent settlement agreement dated 17 th March, 2022 and the Immunity/Indemnity agreement dated 22nd March 2022.
“That I am aware that following circumstances surrounding the bargain refered to above and in response to paragraph 13 of the affidavit in support, the DPP was well within her powers to issue a nolle prosequi. That I am advised by my advocates and verily believe the same to be true that contrary to paragraph 18 of the affidavit in support, the immunity/indemnity agreement refered to therein is valid and therefore, not illegal, not against public interest, is not void or unconstitutional,” Milingo stated.
And according to a letter dated January 7, 2022, addressed to the Director of Public Prosecutions (DPP) under the heading The People V Milingo Lungu, Muchende stated that his office was engaged in negotiations with the legal representatives of Milingo to buttress a decision for him to resign from his position as provisional liquidator for Konkola Copper Mines PLC (In Liquidation).
“It has been brought to our attention that there is a matter in which Mr. Milingo is scheduled to appear for plea on Monday 10th January, 2022, in the Lusaka Subordinate Court. We seek your indulgence to consider postponing the taking of plea to the 17th January, 2022, to allow my office, in collaboration with yourselves engage in and possibly conclude the afforemationed negotiations,” Muchende stated.
The said letter was also copied to Director General of the Drug Enforcement Commission (DEC) Mary Chirwa.
First of all, Milingo’s immunity agreement is not valid, not under the laws of Zambia.
Secondly, the fudging government messed up. They should have been honest about their roles in this matter, they should have told us they were negotiating for Milingo to exit as liquidator, and they should have told us who they preferred.
It’s illogical, and extremely so, to state that government didn’t care or bother to ask about the nation’s biggest forex earner. “No, we never spoke with Milingo, actually, we did speak with him to allow him to give us an update, we never asked him to resign from the biggest national asset”.
Mu zambia namo. Kwwf.
It’s a group of crooked individuals.
This is mungulu that has be pointed out that this apprentice govt is blindly operating with no plan. Ni chimbwii. They think arresting pf right & Centre will divert people’s hunger pains. PF was removed on the promise that the economy (jobs & business) will b the focus. But now we are only on arresting. Prices are getting higher
The president is a narcist liar and a bully who subjected the DPP to dog tactics in his press conference. The whole State House stinks. In this whole saga, the president wants to protect Vedanta who funded his campaign when Lungu wanted to grab the mines and give them back to the people.
We are not surprised that the same Vedanta bandits who have short-changed the nations are now “promising ” Zambia that this time around they will invest $ Billions of dollars in Zambia and pay all the suppliers. A promise is not a legally binding agreement. They will find another excuse down the road and fail to declare their profits from the mines.
This guy used to lie even when he was my class mate many years ago at Primary school, I am not surprised with his attacking state house for nothing, it is his nature, but he also belongs to the August 12 bruised victims
CRY YOUR EYES OUT PF
Lusaka Lawyers, all are thugs.
How is this economic policy? He had so much to say as opposition and he sold himself as the economist genius. Today, he is waiting for IMF to fix Zambia.
Nothing going the way Bally was saying when in opposition.Atleast Zambians should
See some benefits for voting out PF.Starting
From fuel , fertilizer name it there is no reduction.Infact everything is sky rocketing.
5……… TIKK
You must not see every criticism against UPND or HH as coming from bloggers as PF. That’s a very immature way of thinking and not helping Zambia to go forward. This government has tangled and put itself in very tricky situations to the point that it has now become a national and international embarrassment. There are a lot of people on Lusakatimes who post sense and the truth from both PF and UPND every single day. Just the other day # GENERAL KANENE posted comments that only UPND supporters are disciplined which is not true, cause we have psychopaths UNPD who come on Lusakatimes with falsehoods and insults. I say this as a person who was there the day Late Anderson Mazoka formed UPND and I am proud to call myself UPND. When HH was saying there are too many falsehoods…
Eish, I feel for this Milingo guy, probably he was negotiating in good faith but he was dribbled. I don’t see anything in that document where the govt promised to give him immunity, can only see a postponement – and I believe this can be legally justified But also its naive for Milingo to think like, all criminality can be forgiven (if he was involved in any) at a stroke of a pen,
From HH and team’s side – its immature and silly to do governance this way!! Does that mean there is that much lack of capacity to investigate properly??
Asking for an adjournment is not pledging immunity ….. This Milingo chap is full of half truths. I can’t trust anything or any person with PF in their DNA. Never!
In the letter there is nothing like granting immunity, the resignation was a civil matter and I wonder why the SG wanted it adjourned.
Anyway let’s wait and see,.
There us no hiding place for the Wicked
continued from above comments….
When HH was saying there are too many falsehoods on social media, he meant that both PF and UPND sympathisers are spreading lies on the internet. He was not just referring to PF Supporters but also UPND Supporters.
@Mutafela Mulife
You are such a breath of fresh air, man. Keep on keeping on!
This is a case of wrong clashes of priorities by top officials…………..
The UPND GRZ is eager to move onto economic development , and some felt KCM issue needed to be resolved and took maters without consulting …………
A clash with the president crusade against corruption and the fight to recover lost loot and bring those responsible to book unfolded ……..
To make matters worse , those from past GRZ who were issued with questionable Nollies and dischargers are being reinvestigated
KZ being a cia and a man driving the political desk at plot one what was discussed between milingo and plot one and is it true that all your businesses are still using ECL’s potrait why that
Who are these Presidential aids? For sure they were briefing the President on every move they made. Surprising that the president told us he was no aware of such meeting meetings. Strange!
The paid up PF guys are on fire with their usual hollow statements attacking Bally. HH clarified all these issues at the Press conference. The August 12 wounds may be too much but still give us a break, you are still crying. August 12 2026 is still coming but of course the propensity, desire, appetite and contest among yourselves to denounce HH will have waned by then hopefully
But the adjournment of the criminal matter, dropping of any criminal charges and immunity/ indemnity were dependent on Milingo telling the truth, the whole truth and nothing else but the truth. However, Milingo could not help telling lies to cut himself a good deal. This thus voids the bargaining agreement from prosecution in respect of any acts or omissions done in the performance of his duties as Provisional Liquidator of KCM. The ACC had the right to re-arrest the stinking thief.
New KCM liquidator of 9 May,2022 appointment, we learn of her immediately there’s latest news of Vedanta targeting KCM from South Africa Indaba ,Cape Town Vedanta???
What’s the connection between the new KCM liquidator of the 9 May 2022 appointment by the government of the Republic of Zambia,with latest news of Vedanta targeting KCM at Cape Town indaba,South Africa?Vedanta??????????????
State capture, it has occurred in Zambia. Vedanta advised “remove Milingo/liquidator”. With no shame UPND removed him and took KCM from Zambians to Vedanta. STATE CAPTURED.
@21 KKK
Zambia this is what they voted for…from bad to worse
Watoloka imisu wanyanta pamafi
ALL IS ABOUT AMNESTY. YOU BRING BACK ALL WHAT YOU STOLE THE YOU ARE SET FREE
BATH YOU ARE RIGHT. THE BEST THING MILINGO CAN DO IS TO FUFIL AMNEST CONDITIONS CONTAINED IN PUBLIC NEGOTION AS RIGH4LY STATED IN A PUPPORTED LETTER . OTHERWISE MILNGO IS JUST FOOLING HIMSELF AND PEOPLE WHO ARE NOT WELL VERSED ARE NOW LED INTO SERIOUS TEMPTATIONS TO PASS WRONG COMMENTS ABOUT THE ISSUE. SO LET MILLINGO BE PROSECUTED SINNCE HEE IS UNABLE TO FULFIL AMNESTY
Betrayal, treachery, trickery, riotous, corruption, white collar thievery. Description of new pawn misleaders.
He said he needed to unlock KCM at all costs. He duped you bad. Next time sign documents.
Otherwise, I am keenly watching this space.
ZABIANS VOTE FOR THE RIGHT AND GOOD Government ONLY THE THIEVES AND THEIR RELATIVES ARE NOT HAPPY BECAUSES ARE NO LONGER TOLERATED. AKALILO KABO NABAKAFUMYAPO. NAKAPWA
I honestly think Milingo ya Lungu and his lawyer Chabwiba Sikota are legally retarded. Looking at the letter Milingo produced, it’s quite very clear that the Solicitor General requested for a stay of proceedings against Milingo because the man was at that point on suspension and no one could sign on any documents in the absence of the suspended thieving *****. The SG ASKED FOR A STAY OF PROCEEDINGS AGAINST HIM SO THAT HE RESIGNS AND SOMEONE ELSE IS APPOINTED. There is nowhere in that letter where the Solicitor General is asking the DPP to approve the immunities canvassed for by Milingo. On the basis of that letter alone, it was wholly mischievous of that Siyuni girl to grant her cousin a nolle prosequi. Milingo sure misango yo pusa kunamizila bantu boza uleke mambala wena.
If you did not engage in ‘criminal matters’ at KCM why would you need indemnity from prosecution….if you know you engaged in criminality then give full disclosure and then then seek immunity….the details cna be worked out including what you can keep and give back
Well, let’s see what the Constitutional Court says and decides.