Housing and Infrastructure Minister Ronald Chitotela and three others have appeared in court for the offence of concealing property suspected to be proceeds of crime. The suspects could however not take plea because one of the accused persons Bruth Holding Limited was not before court.

The four accused persons are Ronald Chitotela, Bruth Holding Limited, Gregory Chibanga and Diris Mukange.

In the first count it is alleged that whilst acting together, the four did conceal lot number 148 of farm 50A and disguised it in the name of Diris Mukange.

In count two, the four are accused of concealing the remaining extent of subdivision lot 22183 in Lusaka’s Ibex Hill which was also disguised in the name of Mukange.

When the matter came up, defence lawyer James Matariro informed the court that the notice to bring the third accused person to court came late yesterday. The defence later made an application for the court to stop irresponsible reporting of the case.

Defence lawyer Jonas Zimba said calls to suspend Chitotela from office when he has not been found guilty are making him look as if he has been found guilty already. He said the media should not be allowed to report in a manner that will prejudice the accused persons.

And in response the state said the media should be allowed to cover as long as they are responsible. And in passing ruling, Lusaka Magistrate David Simusamba said he will only allow factual reporting of court proceedings.

Magistrate Simusamba said he will not hesitate to cite for contempt those that will be irresponsible in their reporting. He said it is not the work of the media to determine whether the suspects will be jailed or not.

The matter has since been adjourned to February 19th for plea.

The ruling Patriotic Front (PF) has said that it will petition the Sesheke parliamentary by-election owing to violence, intimidation and brutality by the opposition UPND.

PF Secretary General Davis Mwila said that the PF lost the election in Sesheke not due to unpopularity in Western Province, but because of the intimidation of voters by the UPND.

Speaking during a media briefing in Lusaka, Mr Mwila thanked the PF membership in Western Province and the campaign team for enduring the situation in Sesheke.

Mr Mwila has also congratulated the PF membership for scooping all seven ward by elections across the country.

Meanwhile, the Electoral Commission of Zambia (ECZ) has called on the Police to undertake investigations into the violence that occurred during the just ended by-elections.

ECZ Public Relations Manager, MARGARET CHIMANSE said that the commission has noted with regret the violence that occurred during the elections in Sesheke, Lundazi and Mufumbwe.

Ms CHIMANSE said the commission is concerned that such violence makes it impossible for the electorate to freely exercise their right to vote.

She said in a statement to ZNBC News that the Commissions mandate is to conduct free and fair elections and hence the reliance on law enforcement agencies to maintain law and order during elections.

And the Commission has strongly urged political party leaders to take responsibility and demonstrate leadership by condemning political violence.

The Law Association of Zambia has advised President Edgar Lungu to consider relieving Minister of Housing and Infrastructure Development, Ronald Chitotela of his duties.

The LAZ Council says it believes that the decision not to dismiss Mr. Chitotela’s does not support the fight against corruption, which the President has on numerous occasions publicly supported.

And the Association has insisted that Mr. Chitotela should resign from his ministerial position as it is not appropriate for him to continue serving as a Minister whilst facing criminal charges and appearing in court pending the determination of the matter.

LAZ also holds the view that prosecution of a sitting Minister in the courts of law cannot be effective.

The Anti-Corruption Commission on 5th February 2019 arrested and charged Mr. Chitotela, with two counts of concealing property suspected of being proceeds of crime contrary to the laws of Zambia.

On 5th February, 2019, the Anti-Corruption Commission arrested and charged the Minister of Housing and Infrastructure Development, Honourable Ronald Chitotela, MP with two (2) counts of concealing property suspected of being proceeds of crime contrary to Section 71 (1) of the Forfeiture of Proceeds of Crime Act, Number 19 of 2010.

Following the arrest and charging of Hon. Chitotela, certain sections of society called for the dismissal of the Minister by the President. However, the President refused to dismiss the Minister and in aid of his decision cited Article 18 of the Republican Constitution, which presumes an accused person innocent until proven guilty by the courts of law.

And LAZ says it has followed the issue and surrounding debate with keen interest. In doing so, we have had occasion to peruse the Constitution of Zambia as amended by Act No. 2 of 2016, Chapter 1 of the Laws of Zambia; the Anti-Corruption Act, 2012; the Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the Laws of Zambia; and the Interpretation and General Provisions Act, Chapter 2 of the Laws of Zambia.

It noted that Given the framing of Article 116 of the Constitution, which, among other things, deals with the appointment of Ministers, we hold the view that the arrest and charging of a Minister for any criminal offence does not cause a vacancy in the office of Minister. A Minister serves at the President’s pleasure. Under any circumstances, it is only the President who can remove a Minister from office. However, the Constitution also gives any Minister the option to resign at any time.

“Our perusal of Section 18 of the Parliamentary and Ministerial Code of

Conduct Act also reveals that there is no provision which compels the President to dismiss a Minister on account of being arrested and facing”, it said.

The United Party for National Development says it will petition the election of Patriotic Front candidates in Lundazi, Chililabombwe and Chavuma ward bye elections owing to the violence instigated by the PF against its officials, members and the electorate.

Party Secretary General Stephen Katuka says in Lundazi, Eastern Province, the PF went as far as abducting UPND officials and maiming them leaving them half dead.

Mr. Katuka says further, there were atrocities and mayhem committed by PF thugs aided by state police in Sesheke that saw the UPND President Hakainde Hichilema and others face assassination attempts on their lives due to live ammunition that was being fired at them.

He said Mr. Hichilema and his entourage were completely denied access into Sesheke for campaigns as they were being blocked despite a agreed campaign programme and venues they should have addressed rallies.

“On the day Mr. Hichilema tried to address a meeting in the outskirts of Sesheke, some 40kms away from where the PF were having theirs, heavily armed gangs from Lusaka’s Intercity aided by state police disrupted the meeting by firing live bullets at unarmed civilians, with Mr. Hichilema finding solace in the bush going into hiding by walking more than 8 hours”, he added.

Mr. Katuka said elections under the PF regime is no longer a contest to serve the people, but it’s now a bloody bath for preservation of power and hide corruption.

“We are hence taken aback that PF Secretary General Davies Mwila has also decided to cry about the violence in Sesheke, when his party transported known Lusaka’s Intercity Bus Terminus thugs who are usually with President Lungu and other PF government officials
into the area.These thugs, going by the pictures circulating on social media and some mainstream media are well-known. Others were being transported from other parts of the country to brutalise the usually peaceful Sesheke residents”, he said.

He said that the PF through Mr. Mwila agrees with us that political violence is one of the crisis the country is facing and must be addressed by the Church led National Dialogue.

Mr. Katuka has urged the PF to be sober, civil and democratic in the manner they are running the affairs of the country which is currently hurting due to their irresponsible leadership.

“For now we are ready for Bahati and other coming elections”, he added.

Opposition leader Hakainde Hichilema has thanked voters in Sesheke for voting for the party’s candidate Romeo Kango’mbe in Tuesday’s by election.

Mr Hichilema said Zambian youths should use the election of the 35 year old Mr Kango’mbe as moment to recognize the leadership potential they posses.

“We thank our members and citizens across the country for standing up against the bullets, machetes, teargas and all sorts of offensive weapons that were being used against them in the just ended bye elections in Sesheke,” Mr Hichilema said.

“Like we have consistently said, in unity, we can reject the bullets and other offensive weapons and embrace the ballot. And truly, we are seeing the birth of a movement against tyranny and suppression and proving that the ballot is infinitely stronger than the bullet.”

He added, “Ours is a people power driven movement that will result in liberating the country from the yoke of tyranny and replace it with peaceful coexistence that is focused on economic development using our God given resources.”

“We pray for the quick recovery of our citizens currently nursing wounds in hospitals and clinics inflicted by those who have embraced the ugly culture of bullets and heavy weaponry against their own citizens. For our citizens in Sesheke, Western Province, we thank you in a special way as we celebrate the birth of a movement that we are taking across the country. You have truly honoured our departed MP Montopei Frank Kufakwandi (MHSRIEP). Lwitumezi bahesu bakwa Sesheke. Muli bonisize za ngana luli (You have shown the way).”

Mr Hichilema said, “To our youth, across the country, the in-coming Sesheke Member of Parliament Hon. Romeo Kango’mbe, 34 years old, represents your generation and our resolve to recognize your leadership potential as opposed to being used to carry pangas and brutalise your fellow citizens.”