installation of the mayor and deputy mayor in the tourist capital
THE Livingstone Magistrate Court has acquitted two suspended United Party for National Development (UPND) councillors who were facing one count of obtaining money by false pretences.
This is in a matter in which the Milford Mambo,46, who is former Livingstone Mayor and former UPND councilor for Simoonga Ward, as well as Ziwa Ziwa, 39, former UPND Musitunya Ward Councillor, were facing one count of obtaining money by false
pretense contrary to section 309 chapter 87 of the laws of Zambia.
It is alleged that on a date unknown but between April 27, 2015and January 18, 2016, the duo jointly whilst acting together did obtain K47,000 from Davy Ngulube by falsely pretending that they had a plot for sale when in fact not.
But when the matter came up before Livingstone Magistrate Michael Mulalelo yesterday for the commencement of trail, the complainant Joan Ngulube who was in the witness’s docket raised her hand to the surprise of the state and told the court that she had an application to make.
Ngulube old that court that her application was that of wanting to withdraw the matter because she had been given her money in full by the accused persons.
The state then objected to her application saying that the matter was a criminal case which meant that it was now the state verses the accused persons and the complainant had no right to withdraw the case.
“The witness must note that this is a criminal matter. The state is not ready to accept her application and we object to that. This is a criminal matter where the state has interest in. There is no
documentation which shows that the complainant did receive the money.
“We are therefore applying for an adjournment to April 13, 2016for commencement of trail because it appears the witness is not ready today. We also want to verify whether she has been paid and also consult authorities,” the State said.
However, the complainant who was scheduled to be the first witness insisted that the matter be withdrawn because she has documents showing she was given back the money.
“I have the documents showing I have been paid. This is why I find it convenient to withdraw the matter. I had even left but I was called to come back,” she said
The state again attempted to object saying that she was merely a witness who has no right or say in the matter as the state had already stated.
This prompted Magistrate Mulalelo to make a ruling and acquitted Ziwa and Maambo.
“The witness being the complainant in this matter has the right to withdraw the matter. I will allow her application and the two accused persons are hereby acquitted,” he said.
I thot these deals are only in America!!! Wheels of justice. Another John Grisham book exposed and reproduced. I would want to know the other part of the deal…. How much info is off the records…. Indeed Wheels of Justice will always roll.
Acquittal? What about the eighteen plots the ex-mayor was accused of having obtained corruptly?
No complainant no witness, no case. Period.
i thoght in a criminal matter, the complainant becomes the witness. The case was supposed to go ahead with or without this witness until the prosecution fails to prove beyond reasonable doubt.
@1.1 Suntwe wa Suntwe, I had the same question. This is sickening!! How can corrupt people be let free just like that because of scared witness. The state must appeal that fo0lish verdict. I hope this is not the kind of questionable justice that the country will be subjected to when UPND takes over power.
It is not being scared. Some dirty deal has crossed boards. I am sure the prosecutors and accused exchanged some immunity and favours we cannot think. Read “rogue lawyer” by John Grisham. This is exactly what he wrote in his book. Justice on the Wheeels..
Corrupt free UPND as you always parrot, what do you say now eh! The other time it was Choma council where UPND councilors were fighting over plots and you say when you come into power you will finish corruption! Please Zambian pipo UPND will be worse than PF in terms of corruption, dont give them a vote.
This was well orchestrated … Everyone in the circus knew that it will come to this! In the end all the parties involved are happy …next case!