THE Lusaka Magistrate Court has referred to the High Court an application by former President Rupiah Banda where he is asking the Director of Public Prosecution (DPP), Mutembo Nchito to recuse himself from handling his case citing unfairness.

Principal resident Magistrate Obbister Musukwa in his ruling yesterday said from the submission and evidence on record, it was clear that there appeared to be an argument which could not be determined by his Court.

“Since this court has no powers to determine the application by Banda which is bordering on conflicting issues, I now refer the matter to the High Court for determination on whether Mr Mutembo Nchito should recuse himself or not,” Mr Musukwa said.

The Court had also ruled that the indictment be used in its perceived defective form in terms of content which was said to be malicious saying striking it out completely would not be in the interest of justice.

Mr Musukwa ruled that the indictment should remain on record in spite of its defectiveness as he was satisfied that it was duly sworn by a competent person.

He said his Court had no jurisdiction to interpret constitutional issues and that it was only vested in the higher court.

“There appears to be a conflict between the rights of the accused as guaranteed by Article 18 (1) and (11) of the Bill of Rights of the Constitution on one side and the Powers of the DPP to prosecute this matter in line with the provisions of Article 56 on the other,” he said.

This is in a case in which Banda had pleaded not guilty to two counts of corrupt practice and concealing gratification of motor vehicles received from a Chinese Company valued at US$180,000.

Banda complained that he was not comfortable with the DPP handling his case due to the alleged grudge against him arising from the collapse of the Zambian Airways which was being run by Mr Nchito, his brother Nchima and Post Newspaper editor-in-chief Fred M’membe.

Banda also submitted that it was a matter of public policy and a rule of natural justice that one should not be a prosecutor and judge in their own case hence the reason for the DPP to recuse himself claiming the alleged grudge was as a result of the defunct Zambian Airways.

He said a fair hearing in its nature, required equality between the contestants, subject to the supreme principles of among others the presumption of innocence and when one of the contestants had no pre-trial access to the statements taken by police from potential witnesses, the contest could neither be equal or fair.

Banda said this was a clear infringement of the right to fair hearing and the right to be afforded adequate time and facilitated for preparation under the Constitution.

But Mr Nchito had opposed the application on grounds that it was an attempt by the defence to delay proceedings and asked the court not to hear the appeal.

THE Lusaka High Court has halted contempt proceedings against MMD leader Nevers Mumba on grounds that the applicant did not obtain special leave of the court in order to serve an injunction on him and others ahead of the party’s National Executive Committee (NEC) meeting in Lusaka recently.

This is in a matter in which MMD’s vice presidents for politics and administration, Micheal Kaingu and Brian Chituwo respectively sought the court’s intervention to restrain Dr Mumba from convening a NEC meeting.

Dr Kaingu and Dr Chituwo had asked the court to cite Dr Mumba for contempt for disobeying a Court order that restrained the party from convening the NEC meeting.

High Court Judge, Eddie Sikazwe in his ruling yesterday said the applicant should have put in place all the necessary means to avoid being caught unawares since their intention was to block the NEC.

Mr Justice Sikazwe said even though the injunction was obtained rightfully from his Court on Sunday, on April 27, this year, at 13:35 hours and served at 14:10 on the acting national secretary Chembe Nyangu, special leave to serve the injunction order on the material day was not obtained by the applicants.

“Accordingly, I therefore find Mr Nyangu, sued in his capacity as acting national secretary of MMD, Dr Mumba and all the 34 members cited in these proceedings not guilty of contempt of this court,” Justice Sikazwe said.

Mr Justice Sikazwe said the litigants in the matter were coming from one party which was the first to bring multiparty democracy in Zambia’s politics and as such, it should be the last party to drag itself to Court over its party matters involving two different camps.

He said the applicant’s knew about the dates of the NEC convention way back and only went to court for an injunction at the eleventh hour to block it and they should have started the process earlier so that all was put in place.

Dr Mumba in addressing his supporters outside Court said he was delighted that justice had prevailed and that the ruling would teach others with hidden agendas in the party a big lesson especially on the basis of talking from without.

“I am happy that the contempt proceedings against us have been dropped, we were innocent from the beginning, we have been vindicated by the courts, this is a fair judgement and now we shall concentrate on our meetings,” Dr Mumba said.

And the campaigners have expressed concern at the continued depreciation of the country’s currency.

Speaking during a press briefing Black Friday Campaigners Spokesperson McDonald Chipenzi said the Campaigners have been
vindicated as the concerns they raised last year have come to pass.

Mr. Chipenzi explained that Zambians from all walks of life have now come
to appreciate the Campaign as evidenced by many institutions calling for the reinstatement of the Subsidies.

“As we are speaking today, we are proud that we have been vindicated because the concerns we had last year have come to pass and now many Zambians have come to appreciate the campaign as evidenced by many institutions calling for the reinstatement of the subsidies,” Mr Chipenzi said.

Meanwhile Mr. Chipenzi has implored on government to arrest the continued depreciation of the Kwacha as it is harming the country’s economy.

He challenged the Bank of Zambia and Ministry of Finance to
tell the Nation exactly what is causing the unprecedented depreciation
of the Kwacha.

“This depreciation has spurred an increase in commodity prices across the country. It is important that government quickly arrests the situation before it harms the economy any further. This is the first time local currency is hitting a record K11.00 per pound and the relevant authorities seem to have no clue on how to contain the problem.

We challenge the Bank of Zambia and Ministry of Finance to tell the nation exactly what is causing this unprecedented depreciation of the Kwacha. The silence that is coming from these two public offices is surprising,” Mr Chipenzi added

The Campaigners have also challenged government tell the nation where the 44.2 million allocated towards the constitution has gone if it is saying it has no money for the referendum.

“We also want to know where K44.2 million for the constitution which was allocated in the 2014 estimates of expenditure is, for the government to say that it does not have money for the referendum. Has it diverted it to support the bloated Cabinet?” Wondered Mr Chipenzi.

The Black Friday Campaigners are a consortium of NGOs formed to immediately after the removal of subsidies to demand for the reinstatement of fuel and agriculture input subsidies.

The Anti-Corruption Commission in Kitwe has arrested a man of Mufulira for impersonating an ACC Officer and extortion. Allan Simumba of house No. 18 A, Butondo, Mufulira has been charged with one count of impersonation and one count of extortion contrary to Section 18(a) of the Anti-Corruption Act no. 3 of 2012 and section 296 of the Penal code respectively.

Details in the first count are that Simumba, on dates unknown but between 1st January 2013 and 31st January 2014 in Kitwe, presented himself to be a person employed as a Chief Intelligence Officer in the Anti -Corruption Commission and assumed to have had the power to receive and investigate allegations of Corruption from the Zambian Public. Further, that Simumba actually directed ZAKO Engineering Ltd to surrender a vehicle, Mitsubishi Pajero registration number AAK 2704 to Government through a named Mundia Mundia, A matter or transaction that concerns the Anti-Corruption Commission, a Public body.

In the second count, details are that Simumba, on dates unknown but between 1st January 2013 and 31st January 2014 in Kitwe, with intent to extort money from Jinsuk Yoon a Director at ZAKO Engineering Ltd caused the said Jinsuk Yoon to receive a letter containing threats of injury or detriment to Yoon if the said did not surrender a Motor Vehicle Mitsubishi Pajero Registration Number AAK 2704, A matter or transaction that concerns the Anti-Corruption Commission a Public body.

Simumba appeared in court on Wednesday 28th May 2014 for plea, and trial commences soon.

And the Anti-Corruption Commission has arrested a Zambia Revenue Authority Employee of Kabwe for corrupt practices involving K260.

Joseph Mwila, 37, of House No. 8 Kasempa Road, Lukanga Township, a driver at ZRA, was arrested on 28th May 2014 and charged with one count of Corrupt Practices with Public Officer, Contrary to Section 19(2) as Read with Section 41 of the Anti-Corruption Act No. 3 of 2012.

Details are that on dates unknown but between 28th September 2013 and 30th September 2013 in Kabwe, Mwila corruptly gave K 260 gratification to Misheck Lungu, a Senior Traffic Inspector at the Road Transport and Safety agency (RTSA) in order for the said Lungu not to report him to the Zambia Police for traffic offences of Reckless Driving and Drunken Driving, for which he was found liable, a matter concerning the RTSA a public body.

He appeared before the Kabwe Subordinate Court on May 29, 2014 for Plea.

Meanwhile, The Anti-Corruption Commission in Solwezi has arrested an Accounts Assistant and a former Deputy Head Teacher at Kabompo High School for theft involving over K 95, 000.

Jailos Ndalama, 43, an Accounts Assistant, and Berry Simonda, 57, former Deputy Head Teacher have both been charged with Theft Contrary to section 272 as read with section 265 of CAP 87 of the Laws of Zambia.

Details of the offence are that Ndalama and Simonda, jointly and whilst acting together with others unknown, on dates unknown but between 1st August 2010 and 31st October 2010 in Kabompo, stole K 95,497 meant for the procurement of Diesel for the Generator Set at Kabompo High School, money belonging to the Government of the Republic of Zambia.

The duo appeared in Court on 29th May 2014 and pleaded not guilty to the charge. Trial commences on 24th June 2014.

And the Solwezi Magistrates Court has sentenced a Solwezi man to Three (3) Months simple imprisonment for corrupt practices involving K 1, 000.

Solwezi Magistrate Pethious Muyambango found Peter Siamweemba, of Solwezi guilty of Corrupt Practices with Public Officer contrary to section 19(2) as read with Section 41 of the Anti-Corruption Act No. 3 of 2012.

Details of the offence are that Siamweemba, on 26th August 2013 in Solwezi, jointly and whilst acting together with other persons unknown corruptly gave K 1,000 Cash gratification to Mundia Muketoyi, a Public Prosecutor at Solwezi Central Police as an inducement or reward for Muketoyi to facilitate the issuance of Bail to a certain Glevious Chimwanga and have his charges withdrawn, a matter or transaction that concerned the Zambia Police Service, a Public Body.

Siamweemba, who pleaded guilty when the matter came up for Plea, was sentenced to Three (3) Months Simple Imprisonment effective 28th May 2014.

This is contained in a statement released to the media by ACC public relations manager Timothy Moono.

The Forum for Democracy and Development FDD has called on government to give in to the 45 percent meal allowance increment demands by Copperbelt University students.

Speaking in an interview FDD spokesperson Antonio Mwanza says the demand by the students is justifiable as the cost of living has significantly increased due to the poor economic management of the current government.

He says the K750 accommodation allowance and K22 per day for meals given to the students is too meager for some one to survive on for the whole year hence the need for government to consider increasing the allowance for students to have a decent life during their time in school.

“The call for increments by the Copperbelt University students is justified looking at the high cost of living obtaining in the country. We all know that a student can not live on a K22 per day and there is no accommodation that any student can rent for k750 per year hence we are pleading with the government to release the funds and increase the allowances for students,” Mr. Mwanza said.

Mr. Mwanza further called on government not to let the situation at the institution deteriorate into anarchy by ensuring that the situation is resolved immediately.

And Mr. Mwanza has urged government to increase its budgetary allocation to the ministry of Education in the next budget.

He noted that education is the foundation for development in any country world over hence the need for the government to ensure that the sector is well founded.

Students at the second highest learning institution in the country has gone on class boycott demanding a 45 percent increment in meal, project and accommodation allowances.