The Supreme Court has ruled against the High Court judgment that ordered JCN Holdings, Post Newspapers Limited and Directors of the defunct Zambian Airways Directors to pay back 14 million Kwacha debt owed to the Development Bank of Zambia (DBZ).
This is a matter in which JCN Holdings, Post Newspapers editor-in chief Fred M’membe and former Zambia Airways Director Mutembo Nchito had appealed against the Lusaka High Court judgment that ordered them to pay K14 billion sought by the DBZ.
Passing judgment this morning, Supreme Court Judge Muyinda Wanki said the court’s decision was arrived at after it was deduced that there were irregularities in the transfer of the matter from Judge Albert Wood, who initially handled the matter, to Judge Nigel Mutuma who further heard the matter and determined the judgment on it.
Judge Wanki said that Judge Mutuma had no jurisdiction to hear the matter and determine its judgment because the required procedure to transfer the matter from Judge Wood to him was not followed.
Judge Wanki said that for this reason the ruling that Judge Mutuna made is null and void.
Judge Wanki has since referred the matter back to the High Court for re-trial under different judges.
Meanwhile the Supreme Court has condemned the conduct of the defense counsels led by Mr. Mutembo Nchito on the day that the said judgment by Judge Mutuma was made to order the paying back of the debt owed to the DBZ.
Judge Wanki said that it was contemptuous and irregular for senior lawyers of Mr. Nchito’s kind to walk out of a legally constituted court during its proceedings.
He said that such conduct is not expected from senior lawyers serving at the bar.
Taken to the D*******G###s
Judge Wanki has since referred the matter back to the High Court for re-trial under different judges.
And these judges will selected by Mutembo and Mumembe! God please, deliver us.
News! SATA has collapsed!
The PF govt is a govt of d.o.g.s and sons and daughters of d.o.g.s.
@Wanzelu, thats good news sata has collapsed. Hopefully its worse than just collapsing.
Haters of Mmembe and Nchito may end up committing suicide. This case was politically motivated and had no legal basis. DBZ withdrew the case before judgement was passed, but Judge Mutuna was hell bent on passing Judgement. In addition, shareholders in a limited liability company are not personally liable for the debts of the company. Only assets of the company can be sold to pay debts
Membe and Nchito should pray that Sata the VSTC dies quickly before he turns and strikes them. Right now he is busy involving these guys in phoney schemes to make sure they get really soiled and hated by the public to a point where they will have no support by the time he decides to lock them up and take them out of circulation completely.
For sure Membe and Nchito cartel will see a different sata as soon as he finishes consolidating his power or if it does not happen then its bound to happen towards the next general election when Sata discovers that his popularity has suffered because of protecting Nchito and Membe cartel.
Its just matter of time before Sata does a North Korean on these two minions.
A re-trial that will drag on until 2016….
There no case to re-try. The politicians who took that case to court out hate and malice are longer in. PF will rule beyond 2016 and 2021
HH 0 : Mutembo and Mmembe10….next please
iwe chi swine,its mmembe 10-zambians 0.
bonehead primitive humanoid
So our PDDD can misbehave in court and how do expect others to behave?
Can we have another man, since this one has to appear in court to defend himself/
The Grand pa is smiling
MAHTANI HAS LOST ARBITRATION IN SWITZERLAND AGAINST ANTONIO & CLAUDIO VENTRIGLIA
It’s not a surprise! We all expected this outcome!
Let the drama start, one by one High Court Judges will start excusing themselves from hearing this case for fear of upsetting the powerful cartel.
This is the end of the road for our 14 Billion Kwacha DBZ case. Who is going to complain for DBZ? The current board at DBZ have got Guts to pursue this case as they had already asked their legal team to discontinue the case. In the so called judge knew that he refer this case for fresh trial there wont be a plaintiff. Its justice for hire in Zambia.
Its not the end of the case.When we get in power,we will revive the case and punish these minions for a lot of things not only for the K14 billion they stole. They are currently busy committing a lot constitutional breaches thinking that we are sleeping.
THIS CASE SHOULD BE CLOSED NOW WE ALL KNOW THE OUTCOME IT WILL START WHEN SATA IS OUT OF OFFICE.WHERE ON EARTH AN ACCUSED IS AGAIN A JUDGE FUSEKI
judicial reforms needed please
This case is going nowhere….the President knows that if he disposes of this easily, then he has no hold of Mmembe and Nchito. As long as judgement is not entered then they have an obligation to him. On the other hand, they have a powerful ally in Wynter that ensures that the case gets favourable judges that will toe the cartel line. President goes behind all this and says to Justice Lombe Chibesakunda, ‘Iwe bululu, make sure you find legal ways of ensuring this goes round and round in circles’…..
Ifisushi ba Up’n’Down Party! YOU Hate Nchito And The Post, but the Court saw JUSTICE.
May God grant us Peace, Fairness, and ProSperity next year.
My brother, the majority of the people have their own independent thoughts which are not influenced by UPND, MMD or PF. I have come across PF members who are critical of M’membe/Post. Just because you’re PF/M’membe supporter doesn’t mean those who don’t share your line of thought are UPND or MMD. By the way, learn to use appropriate language, you can easily drive your point without insults.
Kekekekeke, the 2 of you have made my day. Getting cheesed off for being called a fart? Really? It is not worhty it! LOL!
Anything can happen in Zambia. Next thing its acquittal.Prisons are for the poor. We will never get any fair judgement on earth but God is justice.Time will tell.God is a true and fair judge.Please pay the money.
if the ruling goes against the cartel,they wil re-appeal to the supreme and another judge this time from zim wil be brought in to chair the tribunal.after re-apealing to supreme,the case wil be re-refered back to the supreme court,the high wil re-rule against the cartel,the cartel wil re-re-apeal and a tribunal headed by a judge from afganistan wil be brought in and the saga wil continue until???
Ukusabaila kwati mulwelele wamenso! The case was simply political as debts of a limited entity cannot be extended to personal & private individuals. This is simply the law and nothing but the law! Ala shaa!
@mundiam
The Supreme Court ruling did not say anything about the debt not being owed by these individuals, the ruling hinged on the transfer of the case from one Judge to another, which was irregular- granted. There is nothing political about this case, a bad precedent will be set if any other Judge rules different from the original DBZ judgement. Any crook will then be able to set up a briefcase company -incorporate it, borrow billions and hide behind the “veil of incorporation”
Incidentally the same learned Supreme Court Judge cited the said individuals for contempt of court ,which is an offence, will they be brought to court for this or recieve a slap on the wrist? And what about the prejudicial daily pronouncements of RB’s guilt? who is holding them accountable for that??
Let the law take its course …we are awaiting for a decisive conclusion of the matter.
Peace and Prosperity to Mother Zambia.
Mr. President relieve Nchito from his duties
Its sata who should be released off his duties. Dont you see that the problem is sata in all this?
Did Sata move the case from Judge Wood to Judge Mutuna without following the high court procedures? This kind of madness is nauseating. There is no court on earth that can convict Mutembo & Membe over the loan from DBZ, unless it is established that the money was diverted to their personal use. Stop being political for nothing.
Mutuna knew that he had been used by RB and hence his resistance to fence the tribunal.
Is it release from or relieve of?
What ever happens we will get back our money in future at all cost. Whats goes up always comes down crashing. In short they will crash whatever happens in future. Ask KK, Kavindele, UNIP and MMD all have crashed
People,comment on issues you fully understands.For example,a consortium of banks(experts) advised the Post to invest in zambian airways (ZA) which the post did after consulting the board.ZA was already owing DBZ.Why did the experts advise the Post to invest their money in the sinking company (According to Mutuna’s judgement,Nchito and Mmembe borrowed knowing that ZA will never pay,issues that were not raised in the case hearing.They just came from Mutuna’s head)?Should these banks ever be relied on.RB could not find a thing on Mmembe but forced investigators to find something and failed terribly.The only thing RB could do was hiring Mutuna,Musonda and the other corrupt judge to fix Nchito and Mmembe over ZA’s loan.Remember,Musonda was promoted by RB after saving Saliya’s aass.(space…
Ignorance of the law screaming loud! Shame!
The score is RB/FTJ 0 – Meembe/Nchito/MCS 10
Only a politically blind person would not see that the DBZ case was the work of FTJ and RB.Once again good has triumphed over evil.
The sad part is that Judges Mutuna and Kajimanga got caught up in this fiasco.They are victims of circumstances.But as adults they should have avoided any involvement.
The real crook in this matter is retired supreme court judge Philip Musonda.It is he who colluded with RB/FTJ to try and fix Meembe and Nchito.
#INDEPENDENT: Are you seriously saying that Nchito and Mmembe did not borrow money from DBZ with a guarantee that they would pay back the money and with colateral to secure the loan in case they failed to pay. Where does RB or FTJ come in? Are you insane?
#Ichilowa chilomba amenshi……It is you who is ignorant .
1. Zambian Airways was a limited company.The shareholders have limited liability .The veil of incorporation can only be removed if financial misconduct can be proved.The debt belongs to Zambian Airways and not it’s shareholders.Simply liquidate the assets.
2. The DBZ loan was a convertible loan with a provision for share ownership.DBZ did that because they wanted to enjoy the risks and rewards of the company.If the company profited they would have benefited from the share ownership.However,the company sank..in short they did not foresee the effects of the global crash.
3.Why did they force Judge Albert Wood out of the case?It’s because the shareholders had limited liability.The liability and collateral was on the business…
@ Independent: The bottom line here is that the directors of JCN and Post managing director were not honest to state the financial stability of Zambian Airways when they went to get a loan from DBZ. Declaring false information in order to get a loan on its own is a criminal offence. They have managed to go scot free because they hold the ruling elite on their balls. Zambian Airways did not have assets to much the loan these guys were getting from the bank. In any civilized society the bank would have not entertained the loan application from these but since they used politicians like Magande and Levy they were able to get what they wanted or wished. The question that we will be asking ourselves is Who will complain or stand to represent DBZ in court? As it stands this is the end of DBZ 14B
4.FTJ and RB teamed up to sort out Mmembe and Nchito because of the corruption cases on FTJ. RB ensured that FTJ was acquited in order to guarantee the Luapula vote for the presidential elections against PF. Unfortunately or fortunetly the Zambian voters chose MCS and PF.You just can’t blatantly ignore the truth.
If DBZ goes down, the hope is that Mutembo, Mmembe and all who connived to grant Zambian Airways the loan based on false information will live with the fact that their greed and half truths brought down a national institution. And yet come Sunday, some of
these fellas will be seen with big bibles and looking very pious like the Pharisees. Hiding behind the law and yet deep inside you know you have denied the country alot of money for development.
Fred membe and nchito must tell us where they took the 14 billion.
@ZP (Zabwino Palibe). THE POLICE UNDER RB WARNED AND CAUTIONED NCHITO. THEY SEARCHED THE ACCOUNTS OF JCN AND ZAMBIAN AIRWAYS. THEY FOUND NO FRAUD. IT WAS VERY EMBARASSING FOR THEM. SO THEY CONIVED TO HOUND WOOD OUT OF HANDLING THE CASE. THEY BROUGHT IN MUTUNA WHO MADE A FOOLISH JUDGEMENT. IT WAS BECAUSE OF JELOUSY AND THE FEAR OF MEEMBE AND NCHITO. THEY THOUGHT THEY WILL CRUSH THEM. BUT ALAS GOD PROTECTS HIS PEOPLE. LET THE BLOGGERS BE OBJECTIVE. THERE ARE MANY WAYS OF CRUSHING YOUR ENEMY. BUT NOT THROUGH UNJUST MEANS. THE K14BN CAN BE COLLECTED FROM ZAMBIAN AIRWAYS – IN LIQUIDATION. NOT FROM MEEMBE OR NCHITO. UNLESS YOU HAVE OTHER MOTIVES. GOD BLESS NCHITO AND MEEMBE.
The only country with DPP on criminal charges.
Which criminal charges?Do you know what you are talking about?
Kalu, how can he know what he is talking about when he doesn’t even know which end he is talking from? These are simply emotional people jumping on the bandwagon of criticisng without any comprehension of the judgement by the Supreme court of Zambia.
In all fairness, the cash should be paid back period!!!!
It will not be prudent for PF to let go of the curtel that easily, this case should drag on and on until 2016, this will imply that the curtel will pay more if they try to go rogue. The debt should be maintained inorder to have control over these guys. These guys know that they have no hope of this debt being written off under any Govt unless under the PF. Lets look at it frm this angle, if the unlikely was to happen that HH wins 2016, these guys would be in for a rude shock. As things stand its easy for these guys to be controlled . They have no altanative other than PF, any other government will fix them. SO who is the king now… its no other than the COBRA my super president.
Correct analysis and observation.You have a very good understanding of the Zambian political arena unlike most people here.
This ruling is sound at law and ethics. There are no politics played by Justice Wanki and the bench that made this ruling. They retrained themselves admirably by not dismissing the case and sending it back for a retrial. The Loan from DBZ was by Zambian Airways as a limited company and its directors are not liable as individuals. When the case was concocted by RB, Chiluba et al, they expected to unveil some misapplication of the loan monies by the directors of Zambian Airways. When this proved not to be the case they used Justice Philip Musonda to arrange Judge Mutuna to fix Nchito & Membe. The 2 being lawyers and business men saw through this charade and protested to the machination of moving their case from Wood J. to Mutuna J. Hence this judgement by the Supreme court.
So we do not need Judge Chikopa seeing as the Supreme court has done his work. Mutuna overstepped his boundaries with his accomplices Musonda and Kajimanga
so much money suspended liato’s 2 point fimofimo and the 14 fimofimo, if instant justice was allowed these f…ers eish i could have personally……………….!
everthing has time. who knew mpombo wil be yelling from the cell.
Yeah – true – who contemplated Mpombo could be altercating from the precinct of a gaol???
This the typical and proverbial “kicking the can down the road” action or is it “making a decision to not make a decision now” or “passing the buck of p.i.s.s to the next guy”. We all know what needs to be done and we all know why M’membe is MCS’s greatest praise singer.
“Judge Wanki said that Judge Mutuma had no jurisdiction to hear the matter and determine its judgment because the required procedure to transfer the matter from Judge Wood to him was not followed”.
“Judge Wanki said that it was contemptuous and irregular for senior lawyers of Mr. Nchito’s kind to walk out of a legally constituted court during its proceedings”.
Are these not conflicting statements coming from bo Wanki? Mutuna was hearing this matter illegally and therefore the court can not be said to have been legally constituted.
How Albert Wood how can he preside over a case involving his cronies? Mmembe and Albert are buddies that’s why Mmembe pushed for the case to heard be Judge Albert Wood and this Judge was expected to do an honourable thing by recusing himself from handling this case which he did not. In Zambia if you are rich and a friend of the ruling elite you get away with murder. How many people or companies has DBZ used the courts to recover their loans through seizure of their properties? Quite many but in this case they can not do it. Its rule of the jungle.
brilliant analysis. keep it up
@ABENA DIGGERS TOWN
There is a procedure to be followed when a judge is deemed to have a conflict of interest.You have to ask the judge to recuse him/herself.The judge can be forced out from the case in the manner that was done on Albert Wood.
Nigel Mutuna should have refused to take the case as A Wood had not recused himself.Instead,Phillip Musonda(Supreme Court Judge),Kajimanga(Judge-in-Charge) forcibly reallocated the case to N.Mutuna.
The courts have an appeal process for a reason…To appeal against an unfair ruling…….But in this case ,the 3 judges decided to overstep their powers.
Ladies and Gentlemen,
Our Zambian legal system is truly rotten to the core, and that is probably why the Head of State was compelled to appoint a tribunal to assist him make an informed opinion on our rotten Judiciary system.
For example, the two deputy ministers’ only crime was to buy SECOND HAND vehicles using government money against some rules when the same practice has been going on for ages, since MMD formed government, for 20 years. Then the question that could beg an intelligent mind is why hasn’t the AG stopped this practice all these years?
How can Liato get away with hoarding money. Where in the world?
A judge, for ulterior motives, could simply grab case files from another judge without following procedures?
Let it go back to the high court maybe by the time it is decided there will be a new government that will make the kawalalas pay back what they stole.
nothing wrong with a retrial. Fred and nchito will get their due.
This is sad for Zambia and but the good thing is this will come back and bite Sata and his cronies letting money slip through our fingers while we are heavily borrowing, when those loans take a toll on us we will remember this, not forgetting this same government was pleading with people to help it collect money for those loans, now people will be reluctant to do that seeing others like membe and liato getting away with it,
Ok all the tricks of lawyers and judges aside, did Mutembo and M’membe get a loan from DBZ? If yes, did they pay back the loan? If No, when should they pay as per agreement?
They didn’t get any loan from DBZ
@Namona. DONT BE SHALLOW IN YOUR THINKING. MUTEMBO DID NOT GET THE LOAN. IT WAS ZAMBIAN AIRWAYS. DID ZAMBIAN AIRWAYS PAY BACK THE LOAN. NO, IT DID’NT. SO WHY SHOULD MUTEMBO BE FORCED TO PAY?
AND DO YOU HAVE EVIDENCE THAT HE KNEW THAT THE COMPANY CANNOT PAY BUT WENT AHEAD AND GOT THE LOAN? OR IS THIS A NEW CASE NOW? YOU DONT JUST GO TO COURT CHANGES CASES.
pakati pama tako kambili pama choka matuvi navishupu
Tswana you are right, the president should, in all fairness to mother zambia relieve Nchito from his duties. Message to PF and UPND cadres, this country is not just for HH, Sata, Membe or who ever, its for millions of citizens who are living today and future generations. So lets be level headed when discussing national issues which are affecting millions of people.
@ Independent @ ABENA DIGGERS TOWN
@ Independent, Very few people would digest your legal interpretations. People like @ ABENA DIGGERS TOWN would rather Liato deprive ZRA in tax revenue that make him account for his income. In South Africa, the fellow could have gone in for prison term.
What matters is the intention and/or the signed contract.
In Europe and USA, banks and thousands of individuals lost their investment when economies crashed and companies wound up at the same time ZA collapsed. In isolated cases like GM Motors and Stanley Morgan bank, the Government had to come in with bail out money.
ZA DIRECTORS ARE INNOCENT VICTIMS OF FATE.
@ABENA DIGGERS TOWN
There is a procedure to be followed when a judge is deemed to have a conflict of interest.You have to ask the judge to recuse him/herself.The judge can be forced out from the case in the manner that was done on Albert Wood.
Nigel Mutuna should have refused to take the case as A Wood had not recused himself.Instead,Phillip Musonda(Supreme Court Judge),Kajimanga(Judge-in-Charge) forcibly reallocated the case to N.Mutuna.
The courts have an appeal process for a reason…To appeal against an unfair ruling…….But in this case ,the 3 judges decided to overstep their powers.
MAHTANI HAS LOST ARBITRATION IN SWITZERLAND AGAINST ANTONIO & CLAUDIO VENTRIGLIA
MAHTANI HAS LOST ARBITRATION IN SWITZERLAND AGAINST ANTONIO & CLAUDIO VENTRIGLIA
And what relevance is this to the current story? Lufuno!
lets be objective with our comments lets not comment with fo0lishess today you are praising criminals tomorrow you are happy when the court free them because you think they can be on your side or on the same line of thought with you.whats wrong will always be wrong.
Limited liability means when a company falls the share holders can lose not more they have paid or agreed to pay (share value) ZA is not mmembe or nchito therefore whether we like it or not that money was not borrowed by the two as individuals hence cannot be called to pay the debt, they have limited liability.
Limited liability escape route!! What a clever way to steal money from taxpayers!! Would’nt taxpayers want to know how the money was spent?? Hon Mpombo hs just been sentenced to serve a prison sentence for failing to justify how he spent imprest money while on duty and these were a few Kwachas. What more with getting K14b and squandering?? Where is Zambian Airways. We even heard during the trial that the method of getting the money was also suspect. One can only support such actions if they are theves themselves. Crooks do form companies to get money and close them thereafter. Have you ever heard thieves commend the Police? That should give you ideas about the integrity of the bloggers who are now mocking HH and those who cried out on behalf of the sllent taxpayers.
PART VI POWERS OF TRANSFER
Cap. 88
23. (1) Any cause or matter may, at any time or at any stage thereof, and either with or without the application of any of the parties thereto, be transferred from one Judge to another Judge by an order of the Judge before whom the cause or matter has come or been set down:Transfer between Judges, etc.
Provided that no such transfer shall be made without the consent of the Judge to whom it is proposed to transfer such cause or matter.
Wanki Muzamazama — ALL Zambian taxpayers are interested in recovering the K14b and/or justice to prevail. The fact that one taxpayer HH who happens to be in politics cried foul does not mean he is the only one interested. Are you implying that anything that HH supports becomes anti-PF? Is that what you are saying? Secondly, are you saying PF would support a wrong for as long as HH speaks out against it?
What a cheap way of looking at issues!! You are just making PF unpopular and embarrassing the Head of State. I have never believed that President Sata would condemn good things just because HH has expressed a positive opinion on it. The DPP should resign or be fired, transfered or whatever but not continue as his integrity and objectivity are highly questionable.
USELESS SUPREME COURT JUDGES, USELESS! NO B***S WHATSOEVER. WHICH HIGH COURT SHALL BE THE SACRIFICIAL LAMB? FIGHTING THE MOST POWERFUL CARTEL. GOD PLEASE TAKE YOUR SON SATA, WE HAVE HAD HIM FOR FAR TOO LONG, TAKE HIM NOW.
Thanks –Independent—— from which jurisdiction of law did you pick this quote from? I ask because what Hon Wanki is saying seems ultra viras, to borrow lawyers’ jargon. I rest my case and wait. The retrial is welcome, though i fear for the safety and security of evidence adduced in earlier trial may be compromised.
@Let us say…………….
From the current Zambian constitution.You should also look at the Judicial(code of conduct)Act which the supreme court referred to in the ruling.
It’s interesting to note that the ruling hardly mentioned anything about the K14billion amount.The ruling was entirely based on wrong procedures followed by Judge Nigel Mutuna.
Mmembe and Nchito were hoping for a full dismissal of the case by the highest court of appeal.However,they were disappointed when the supreme court referred the case back to the High court for a re-trial.That was the right decision taken by the court otherwise they were going to be endorsing Judge Mutunas miscarriage of the law.
The ruling however benefits Sata and Kabimba as they now have control over Mmembe and Nchito.
It really pays to be a Mumembe as you decide who should try your case and what should be the ruling. What a classic example of rule of law…
INTEAD OF CAMPAIGNING, SOME PEOPLE ARE BUSY TRYING TO PIN NCHITO AND M’MEEMBE. BEFORE LONG IT WILL BE 2016. AND MIND YOU IT IS NOT EASY TO REMOVE THE PARTY IN POWER. IT TOOK 27 YEARS AND 20 YEARS TO EXPELL UNIP AND MMD RESPECTIVELY. NCHITO AND M’MEEMBE ARE JUST POOR ORDINARY ZAMBIANS WHO ARE TRYING TO PUT BREAD ON THEIR TABLES. BUT RB, HH AND COMPANY TRIED TO USE CORRUPT MEANS TO FIX THEM WITH A K14BN KWACHA. WE KNOW THAT IT WAS MOOTED IN VENGENCE, ANGER AND JELOUSY. IN BEMBA WE SAY “ULUFYENGO”.
these guys borrowed these monies during levy’s tenure, then came RB, the cash was not recovered all these years now it’s HEMCS, many puppies want him to recover the money like yesterday.
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The DBZ issue involving Mmembe,Mutembo Nchito will only be logically concluded by another in-coming Government and not this Pathetic Faggots(PF).