Wednesday, December 11, 2024

Lusaka High Court Orders Attorney General to Cover Costs After Trial Delay in Sun Pharmaceutical Abduction Case

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Adjournment of Trial Regarding the Abduction of Sun Pharmaceuticals Owners

Lusaka, 26 October 2024 – The Lusaka High Court has condemned the Attorney General’s Chambers for costs following its application to postpone the trial concerning the abduction of Sun Pharmaceutical Ltd owners, Mr. Vinod Sadhu and Mr. Uddit Sadhu. This delay occurred as the Attorney General sought to amend their defense on the first day of the trial.

After enduring a prolonged two-year wait for justice and after placing their faith in the Zambian judiciary, the Sadhus were scheduled to provide testimony on 22 October 2024 against five individuals named in the suit, in addition to the Attorney General of Zambia, who is being sued vicariously. The primary defendant, Rashid Munali, allegedly impersonated a State House police officer during the abduction that took place on 29 September 2022. He purportedly attempted to coerce the company directors into signing documents under duress at House No. 39, Lufubu Road, Kalundu, Lusaka.

The other defendants in the case include Mweemba, Malambo, Bernard Phiri, and Mwila Chintu, who are connected with the police and intelligence services. This case is noteworthy due to the severity of the claims and Attorney General’s decision to defend officials alleged to have engaged in serious misconduct in their personal capacities while also filing a notice to represent Rashid Munali, the purported ruling party cadre who led the operation.

Evidence presented includes threats of violence directed at Mr. Vinod Sadhu during his captivity, an SOS message sent from the private residence where the individuals were held captive, and a disputed governmental defense asserting that the Sadhus attended police interviews “voluntarily” and departed on the same day at 17:20 hours. However, the Sadhus’ accounts detail the abduction by which they were taken from Kent House to an unmarked vehicle, subsequently transported to Lufubu Road, Kalundu, where they faced intimidation and threats. They were later taken to Chelstone Station, presumably to alter the narrative following the discovery of the SOS message by their captors. Furthermore, the Sadhus claim that members of the Kalenga family were present at Chelstone Police Station upon their arrival from the private house in Kalundu, a contention that the State denies.

Moreover, statements from the company owners indicate that they attended interviews and signed formal statements at Zambia Police Service Headquarters on 27 March and 4 April 2023; however, it remains uncertain whether any action will be pursued against their own officials.

Despite several extensions granted, the Attorney General’s Chambers has not submitted the requisite witness statements or their document bundle, having missed the final deadline of 31 May 2024. The Sadhus are represented by Simeza Sangwa and Associates under cause number 2023/HP/2001.

By correspondent Pranab Rajan,

47 COMMENTS

    • The Judiciary stands as the ultimate bastion for accountability, and the flame of justice continues to burn.

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    • High Court is braver than we imagined in these times! The United Nations, the Law Association of Zambia, the United States State Department, and various organizations have raised concerns regarding human rights issues in our country. These include documented reports of arbitrary or unlawful killings, such as extrajudicial actions; instances of torture or degrading treatment; harsh detention conditions; and threats to freedom of expression. By addressing these issues together, we can foster a safer and more just society.

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    • @ Mayo Mpapa, it is very encouraging. But is there a tremendous conflict of interest for the Attorney General Chambers? The Solicitor General Marshal Muchende is embroiled in numerous scandals, and if he doesn’t cover up for the police, they may decide not to cover his back either.

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    • @ Fanwell, the former director general of the Anti-Corruption Commission Tom Shamakamba likely lost his job for investigating Marshal Muchende. I don’t think the IG would make the same mistake!!

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    • @ Mayo, the judge must be tough as nails !! Yet, what about our civil society groups who have equally been silent on the arbitrary detention of the journalist Thomas Zyambo for over 10 days now?! The police are a law unto themselves and our politicians are fine keeping the culture as it is for their own vested interests.

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    • Wait and watch. Zambia watchdog and Koswe will soon flash pictures of this judge, saying, “Know your judges,” and such.

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    • @ Mayo, changing the defence on the day of trial is akin to changing the goalposts after the whistle is blown. In many other countries, the Court might have even barred the State from defending the matter for failing to adhere to its order – condemning them for costs is light in comparison.

    • @LUS 1… Solicitor General Marshal Mucende has deeply entwined himself with Sun Pharmaceuticals, seemingly promised significant benefits in return for aiding the Keith Mweemba, Lewis Mosho, Mwiimbu and Kalenga faction in their multipronged attacks on the company using the state machinery. This collusion has severely compromised the government from within, exposing it to costly litigation and potential repercussions for its misconduct.

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    • @ FAN –Conflict of interest is rampant in government. The absence of genuine checks and balances enables key appointees—frequently selected from a narrow circle of party loyalists—to operate without the essential expertise needed for effective governance. On their “better days”, their ignorance results in an abusive exercise of power and intimidation. Yet, the situation escalates dramatically when they have personal interests involved, transforming their public offices into mercenary units for the highest bidder. This trial will surely reveal more on this subject.

  1. When the United Nations released its human rights report documenting police involvement in crimes such as kidnappings, torture, rape, and murder, the government dismissed it as falsehoods. However, the evidence is accumulating, revealing a significant problem that needs to be addressed at the core of the police force.

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    • @ Darwin in our country, police officers are often for sale or at least for rent. politicians habitually treat their official positions as cash cows and interfere in extracting money wherever possible, with the police acting as their handy enforcers. there is no shortage of victims. sadhus are fortunate to have survived this incident.

  2. Under the new rules announced by Chief Justice Mumba Malila, this case is fit for live broadcast. The Police and Home Ministry should not be allowed to hide this scandal behind closed doors.

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  3. The laws themselves perpetuate this madness by centralising excessive power in a few hands leading to rampant corruption and lawlessness. What is Hon Mwiimbu doing to address the rot within the police force? Unless, of course, he is complicit in this shameful state of affairs. It’s utterly sickening.

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    • @ Razor, come on, this is one group in the government together. Only men and women of high integrity would stand against their colleagues who commit wrong deeds. Do you honestly think jack mwiimbu is that man? There are a few honourable exceptions but we don’t live in that age of principled politicians anymore, making the judiciary even more critical.

    • If you ate too dumb to think of a pseudonym for yourself then there is nothing the universe can do to correct that but stop using mine in the meantime.

  4. Steadfast stance by the Judge. The Judiciary often gives too much leniency to the Government—extension after extension while litigants are left in the lurch. AG is expending valuable public resources to defend such cases.

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  5. UPND came to office promising to be a light of humanism, decency, law-abiding conduct and the like. How did this happen under their government, then? We know from previous reports that significant PEPs are involved in this saga. It reeks of major insider corruption going very high up.

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    • @ Deja Vu, our initial hopes in the New Dawn have been dashed. The system is overwhelmed by individuals who engage in dishonest practices and persistent negative behaviours, undermining the integrity and effectiveness of the entire government. Hichlema himself was subjected to police brutality but that doesn’t seem to have made him more amenable to reform of the Police.

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  6. Why don’t Laura Miti and her human rights commissioners visit that house in Kalundu? Are they serious about their work or just trying to pose for social media? It’s impossible to be close to the ruling party while effectively providing checks and balances on the government and this case illustrates that perfectly.

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    • Someone has turned the state into one big vacuum cleaner in hope of sucking everything they can off the skin of their victims. The rule of law be dammned

    • @Sandy, exposing state corruption can create significant backlash so I too commend Lusaka Times. When journalists shine a light on issues such as police corruption, they often face intense scrutiny and pressure. This can lead to various challenges, including threats to personal safety and professional repercussions.

  7. Old habits are difficult to break! The practice of having a cadre in charge of police officers was ingrained under the previous PF regime, yet we are under the “New Dawn“ government suffering the same lawlessness! Those who sing the loudest in church are the biggest sinners.

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    • The HRC really does not have the power to handle serious cases effectively. They lack the necessary laws and resources to carry out their mission. This issue worsens with people like Ms Miti, who quickly brushed off the idea that JJ Banda could have been abducted right after it happened. The organization seems more like a decorative entity than a functional one.

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    • In all honesty this started under micheal sata who unreleaswd rampant caderism upon zambians. It may he impolite to say the week of his memorial service but this is part of his legacy to.

  8. Zambia is fast becoming South Africa in terms of crimes. At least SA had the Scorpions and now the Hawks to look into bent officials. An independent agency must be established in Zambia to investigate internal affairs effectively. Our Public Protector office has purposefully been disabled, with crucial legislation dormant. There is no check on the police other than the Police Public Complaints Commission, which has no appetite for tackling serious Police corruption.

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    • @ Dr Ngoma. I support your view on the office of the Public Protector. The laws that govern it are modelled after South Africa’s, and in theory, they are robust. However, the National Assembly is supposed to establish a special committee for the Public Protector to report to, which they have purposely not done. There seems to be a reluctance to allow such a powerful body to operate effectively in Zambia.

  9. The President clearly stated that if you cross the line, you’re on your own. It raises the question if some party members are truly more special than others. The Attorney General defending party cadres accused of kidnapping is most peculiar.

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    • @ DEJA VU Indeed, it sends a chill down my bones just as it did when I first read about it on Zambian Whistleblower. This is all connected to Commissioner Mubita Nawa, who a faction in UPND attempted to install as head of Interpol. I am willing to bet whoever was behind his nomination to Interpol was behind the Kalundu abduction.

    • Organised criminal activity operating under the guise of the State is frightening. If the Judge needs protection, who will provide it to her? The same police who are on trial?!!

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    • The ZPS has thousands of police officers, many of whom are decent and dedicated individuals working under challenging conditions due to inadequate infrastructure and training. However, the promotion and transfer system is manipulated to segregate officers based on their compliance with superiors’ directives. This practice undermines integrity and accountability within the force, creating conditions for their exploitation and capture by bad actors.

    • @ David you’re too forgiving. Our police are highly corrupt and brutal. They could see an unarmed civilian shot in front of them but police officers never testify against one another.. no matter the crime. Chelstone is not a joke either. Detainees have been murdered and raped inside those cells.

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    • @ mbewe, in fact judges don’t need to be physically harmed because you see JCC can just receive a complaint from any citizen on some flimsy grounds and recommend in no time they be fired. what separation of powers are they talking about

  10. Kalundu Police post is only a few hundred meters from the property… talk about hiding in plain sight! Hearing from the affluent neighbours about what goes on at this property would be interesting.

    • Kalundu in Lusaka is a posh area with an organized neighborhood watch group. It’s time for them to visit the house, as they have the GPS coordinates to keep everyone safe. . & maybe put up their own camera on the street if they don’t have one already

  11. Requesting an adjournment shows that the attorney general is unsure how to handle the case. The police might be trying to change their documents or create new witnesses.

  12. There are smart cameras everywhere in Lusaka . Judge must demand the police to provide the security footage from that day. If Musamba can’t bring the footage then we know they’re hiding something very big

    • @ Nadal… there should be cameras in the police station too. The Guardian UK reported that a very senior officer Mubita Nawa was working with the Kalengas. Let the Court order the footage to confirm this. These hoodlums in uniform must face the consequences, we demand a PROFESSIONAL POLICE SERVICE for all Zambians

  13. Hakainde’s Zambia is rapidly taking form, and in just three years, it is beginning to resemble Museveni’s regime after three decades in power! The journalist responsible for this article should prepare for potential sedition charges, while the judge could soon find themselves facing suspension on dubious grounds.

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