THE State has submitted to discharge the stay obtained by suspended Director of Public Prosecutions (DPP) investigating his misconduct because it lies against the Laws of Zambia that prohibits granting of injunctions against the State.

Attorney General Likando Kalaluka in the arguments to discharge the order granting leave to apply for judicial review by Mutembo Nchito, said an injunction obtained by the applicant was against the President of the Republic of Zambia.

“From the foregoing, we urge this court to take congnisance of the fact that the order to stay the decision of the President to establish the Tribunal and suspending of the DPP from performing his duties as such flies in the face of section 16 of the State Proceedings Act, Chapter 71 of the laws of Zambia that prohibits grant of injunctions against the State,” Mr Kalalula said.

Mr Kalaluka submitted that judicial review proceedings must not be used for forum shopping whilst the same issue between the same parties was pending determination by the Supreme Court.

The State also argued that the leave granted to the applicant should be set aside to pave way for the Tribunal to carry out its mandate as Mr Nchito had failed and neglected to substantiate the allegations of biasness.

“As regards the claim for damages for misfeasance in public office, we submit that this is untenable and that the applicant has not adduced evidence firstly of any breach of duty by the respondent, nor that he has suffered any damages or injury,” Mr Kalaluka said.

In this case, Mr Nchito had obtained a stay to stop the Tribunal constituted to investigating his wrongdoing by High Court Judge Mubanga Kondolo after he granted him leave to apply for judicial
review.

Mr Kalaluka contended that by entertaining the application for judicial review, the court would set itself on a path to either curtail the Tribunal’s investigative process or purport to interpret Article 58 of the Constitution.

“The decisions being challenged are not irrational or unreasonable as they are not outrageous in defiance, logic or accepted moral standards, the Tribunal acted reasonably to have it held in camera
taking into account precedents and the need to safeguard the office of the DPP,” he said.

He said any attempt by the court to start interpreting Article 58 of the Constitution was beyond its mandate in judicial review matters.

The matter comes up today for hearing.

Veteran politician Vernon Mwaanga has condemned the violence that had characterised some areas in the on-going by-election campaign.

Mr Mwaanga said in an interview that election violence was unacceptable and deserved the most severe condemnation as it had the potential to undermine and destabilise the country.

“It must be recognised that election violence constitutes a serious threat to the holding of free, fair, transparent and democratic elections,” he said.

Mr Mwaanga further urged political parties to conduct issue based campaigns and stop personal attacks on opponents and strictly adhere to the Electoral Code of Conduct.

And Government has warned that it will not condone lawlessness regardless of who is involved in the three parliamentary by-elections set for this month end.

There have been reports of isolated incidences of violence ahead of the polls in Mulobezi, Malambo and Petauke Central constituencies.

Acting Chief Government spokesperson Ngosa Simbyakula said the confusion in Mulobezi was caused by ‘imported’ cadres and advised political parties against ferrying cadres into the three constituencies.

He said Government had received disturbing reports that some political parties were planning to ferry their supporters to the three constituencies, especially Mulobezi in Western Province.

In the past, political violence during campaigns has been instigated not by the local people but rather by ‘imported’ cadres.

“The people of Mulobezi, like in the other two constituencies, are peaceful and have continued to live together in harmony despite their divergent political views and affiliation.

“It is, therefore, unjustifiable, uncalled for and unfair for any outsider to disrupt the most cherished peace and tranquility the people of Mulobezi hold so dear to their hearts,” he said.

Dr Simbyakula urged political parties to allow the people of Mulobezi to exercise their free will and judgment in choosing a candidate of their choice to be their representative without coercion from outsiders.

“As Zambians, our collective fight must be against poverty, disease and general underdevelopment and not against each other,” Dr Simbyakula said.

Zambians should, therefore, reject anyone denting the country’s impeccable credentials of peace, unity and love.

The Drug Enforcement Commission (DEC) in Central Province has arrested two students at Mulungushi University for allegedly trafficking in cannabis.

DEC Public Relations Officer Theresa Katongo identified the students as Ndambo Chinda, 22, who was found in possession of 43 muffins containing cannabis and Missael Mwanza, 23, who trafficked in lose cannabis weighing 32.1 gramme.

Ms. Katongo said in a statement to ZANIS in Lusaka today that the duo pleaded guilty after appearing in the Kabwe magistrate court on June 9, 2015.

She said the matter will come up for mention on June 11 this year.

Ms. Katongo said the Commission has meanwhile arrested Kelvina Simomba, a 43-year-old businesswoman of Chaisa compound in Lusaka for trafficking in heroin.

She said Ms. Simomba was apprehended in Chaisa compound.

And the DEC has arrested a 17-year-old juvenile of Bauleni compound for trafficking in 29 sachets of heroin and loose cannabis.

Meanwhile, the Commission in Kasama in Northern Province has arrested George Sikazwe, 32, a peasant farmer of Kasesha village in Mbala district who was found with loose psychotropic substance weighing 28 kilogrammes.

Others arrested and jointly charged include Moses Schichondwe 25, of Kapoka village and Febby Namukimbwe 27, of Vwamba village both of Mpulungu district for trafficking in 2.3 kg of loose cannabis.

Ms. Katongo said all the suspects will appear in court soon.

The Lusaka City Council has so far closed about 30 schools in Kanyama coumpound due to an outbreak of Typhoid in the area.

The Council’s Public Health Department has closed the schools which are both government and private due to insanitary conditions.

The council has since intensified inspections in schools and eating outlets in Kanyama compound following the outbreak of typhoid last week.

The closure of the schools is in accordance with the provisions of Regulation 20 of the Public Health Act Cap 295 of the laws of Zambia.

Among other schools closed include, Blue Bird School, Grace Community School, World Wide Community School, Bhungu Education Centre, Good Shepherd Community School, Titandize Community School, Membe Community School, Glory to Glory Community School and Gift Tech School.

Others are Silver Sand School, Sante Education Centre, Parles School, Ben Ten Day Care School, Remegel Academy, Faith Foundation Community School and Arise and Shine Day Care. Meanwhile three schools in the same area have been warned namely Legacy Academy, Malpher Education Centre and True Gospel community Schools. 

Council Spokesman Habeenzu Mulunda said in view of the development, the council urges members of the general public, schools and eating outlets especially in the affected area to take preventive measures by ensuring that they maintain a good hygiene and sanitation standards in order to avoid further outbreaks of the diseases.

Government has warned political parties taking part in the three forthcoming parliamentary by-elections in Mulobezi, Malambo and Petauke against ferrying party cadres from other parts of the country to the constituencies.

Acting Chief Government Spokesperson Ngosa Simbyakula, who is also Minister of Justice, said reports that some political parties were planning to ferry their supporters to the three constituencies especially Mulobezi were disturbing.

Dr. Simbyakula said in a statement to ZANIS that political parties should note that imported cadres were known for instigating political violence.

He said it was unfair for any outsider to disrupt the most cherished peace and tranquillity the people of Mulobezi hold so dear to their hearts.

Dr. Simbyakula has since urged political parties to allow the people of Mulobezi to exercise their free will and judgement in the choosing of a candidate of their choice to be their representative without influence of outsiders.

He has also reminded all political parties that the culture of violence was not only archaic but unZambian and unacceptable.

He said Zambia was known for peace and tranquillity which the people have enjoyed for the past 50 years.

Dr. Simbyakula has further stated that it was the desire of government as well as every well-meaning Zambian that this status quo continues.

Meanwhile, Western Province Police Commissioner Standwell Lungu has said the situation in Mulobezi constituency was calm and peaceful.

Mr. Lungu said there were enough police officers on the ground to curtail any violence that may occur ahead of the June 30, 2015 parliamentary by-elections.

He told the Zambia News and Information Services (ZANIS) in a telephone interview from Mulobezi that there has been no other violence in the area from the time the first shooting incident happened at the weekend.

He also disclosed that the three people who were arrested following the violence will appear in court soon after the Director of Public Prosecutor gives a fiat to go ahead with the case.

Mr. Lungu said once a go ahead is given to the Zambia police, then criminal proceedings will commence against the suspects in the courts of law.

And Mr. Lungu has disclosed that the person who was shot in Mulobezi is recovering adding that he will be discharged today according to the doctor’s statement to the Zambia Police Service.

Mr. Lungu also said the bullet has been extracted from the victim’s buttocks and that his condition was good to facilitate his discharge from the hospital where he has been recovering.

And Mr. Lungu has warned the would- be perpetrators of violence in Mulobezi, constituency that they will be dealt severely by the police.

Mr. Lungu said there was enough manpower in the constituency to deal ruthlessly with any law breakers.

He said those contemplating to cause violence in the constituency were doing so at their own risk.