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File: FAZ Media liaison offficer, Eric Mwanza with president Kalusha Bwalya
The Ndola High Court has discharged the case in which Football Association of Zambia (FAZ) Communications Manager Erick Mwanza was charged for the offence of causing death by dangerous driving.
High Court Justice Timothy Katenekwa discharged Mwanza, 35, of Lusaka after the state applied for nolle prosequi in the matter.
The matter was yesterday scheduled for commencement of trial but the state discontinued the proceedings against the accused by a way of a nolle prosequi.
In discharging the accused person, Mr Justice Katenekwa told Mwanza that he was not acquitted of the offence but merely discharged.
“Should the state wish, they may re-arrest you for the same offence,you are now free to go,” Mr Justice Katenekwa told Mwanza.
Mwanza on November 16, last year, allegedly caused the death of Aschel Chingaipe of Ndola contrary to the laws of Zambia.
At that time, Mwanza was driving a motor vehicle registration number ABX 9030 on the Ndola-Kabwe Road in a manner which was allegedly dangerous to the public with no regard to the nature, use, condition and the amount of traffic that could be reasonably controlled.
The Parliamentary Committee on Transport and Communications has approved the proposed site for the construction of the new ultramodern Simon Mwansa Kapwepwe International Airport in Ndola.
Government through the Zambia Forest and Forest Industries Corporation (ZAFFICO) last year allocated 2,000 hectares of land to facilitate the shifting of Simon Mwansa Kapwepwe airport from its current base in Itawa due to the mining activities that have accelerated in the city’s light industrial area.
Committee chairperson Kapembwa Simbao said after a tour of the proposed site along the Ndola-Mufulira road yesterday that the location for the new airport was ideal in that it would make it easy for investors from other towns to access Ndola’s central business district.
“The site made available by ZAFFICO is alright in that it provides easy access to the town centre and we have seen that the site where the airport is currently located is no longer viable because the town is growing economically,” he said.
National Airports Corporation (NAC) managing director Robinson Misitala said the architectural firms which are being considered for the tender had already began submitting their proposed plans for the outlook of the new facility.
“The bidders who were shortlisted have already started presenting their designs for the new airport. However, this procedure is being done in sequence so that all the bidders have an opportunity to present their plans in order for us to make an informed decision,’ he said.
Once complete, the new look Simon Mwansa Kapwepwe International Airport to be constructed at a cost of US$520 million would house a number of facilities in tandem with the required international aviation standards.
The facility would have the capacity to accommodate two million passengers per annum with more room for expansion.
Former President, Rupiah Banda yesterday appeared for mention in a matter in which he is charged with one count of concealing gratification of Mitsubishi Light Trucks all valued at over KR470, 000.
Banda who appeared before resident magistrate Obbister Musukwa could however not take plea because the prosecution was awaiting further instructions from the Office of the Director of Public Prosecutions (DPP).
When the matter came up yesterday, chief prosecutions officer, Dennis Simwinga from the Anti Corruption Commission (ACC) told the court that the matter was coming for explanation of a charge because instructions from the DPP were not ready.
Banda, 75 of Lusaka’s State lodge Township is charged under section 36 of the Anti Corruption Commission (ACC) Act number 38 of 2010.
Particulars were that the former president between January 1, 2011 and August 30, 2012 received trucks registration Numbers,FE 538E-20252, FE 649E- 520121,FE 648E-501363, FE 648E-501111.
Others include, FE 63EG-550624, Hino Ranger chassis number FD 2 JLB-16068, Toyota Toyoace, BU 212-0104855, Fuso fighter number KK 618K-510102 as property which was obtained as gratification from Sogecao Zambia limited a subsidiary at Anui foreign economic construction company to construct the Levy Mwanawasa Stadium in Ndola.
The said trucks were alleged to have been registered in the names of James Banda, Verecy Lute Banda and Kelvin Sampa.
“As indicated today you are not going to take plea as the prosecutor is waiting for instructions, Iam just going to explain the charge to you only until the instructions are obtained from the DPP’s chambers,” Magistrate Musukwa said.
Magistrate Musukwa told Banda that he would only take plea after further instructions were received from the DPP’s chambers.
The matter had since been adjourned to May 30 this year for another mention.
James Mwape covered himself in a head sock while Philip Mubiana covered himself in a blank coat after appearing in court in a matter in which there are charged for unature sexual act
AMNESTY International has called for the release of the two Kapiri Mposhi men, who have been arrested on charges of having sex against the order of nature.
In a separate interview, Government has described the calls by Amnesty International as unfortunate and said Zambia had its own laws through the Constitution which did not allow homosexual practices.
Home Affairs Deputy Minister Nixon Chilangwa said Zambian laws should be respected and that the country would not be compelled to recognise matters that were not embedded in the Constitution.
“Those practicing homosexuality will always be charged because Zambia has its own laws through the constitution. Our laws should be respected and are clear that we don’t recognise homosexuality. Issues of our governance should be left to us. People should not indulge in homosexuality when they know it’s against our laws,” he said.
He said people who abrogated the law such as those promoting homosexuality would always be charged by relevant authorities because the act was illegal.
Amnesty International Zambia’s researcher Simeon Mawanza said in a statement yesterday, that the arrest of the two men, Phillip Mubiana and James Mwansa, both aged 21, amounted to discrimination and a violation of their rights to freedom of conscience, expression and privacy.
“Sources have told Amnesty International that one of the men’s neighbours reported them to the police, resulting in the arrest, their second for alleged same-sex conduct, considered a crime under Zambia’s penal code,” he said.
He said laws criminalising homosexuality and gender identity criminalised the legitimate exercise of such human rights, which were protected in treaties ratified by Zambia.
He said according to its sources, the detained men had low literacy levels and a poor understanding of the Zambian legal system or their personal rights.
Amnesty alleged that authorities reportedly subjected the two men to anal examinations without their consent, and could have also forced them to make confessions to speed up the trial.
It said such examinations were in every case highly invasive, abusive, and profoundly humiliating saying the doctors who conducted the examinations forcibly, violated their ethical obligations towards people they examined.
“Amnesty International considers individuals imprisoned solely for their consensual sexual relationship in private as prisoners of conscience and calls for their immediate and unconditional release,” Mr Mawanza said.
A Ndola based clergyman has said there is need for the church to pray and offer spiritual counselling to the Kapiri Mposhi gay couple.
Pastor Jimmy Simukonda of Hope Ministries in Lubuto Township said this in an interview with ZANIS in Ndola today.
Pastor Simukonda said the young people, James Mwape and Philip Mubiana both aged 21 needed to be taken for spiritual deliverance.
He said any act against God’s intention for man and woman was sinful and should be viewed as such.
“What they have engaged in is against God’s intention for man and woman therefore it is sin and it should be viewed as such and those two need to be cleansed of their sins that is what the bible says,” he said.
He however said being jeered and mocked by the public would not help the situation but that what the two needed was to be taken for deliverance so that the devil could cease to use them.
“One thing that will not help the two young people is to jeer at them, mock them or even insult them because the devil is using them and what they need is deliverance and to be shown love that is what is important,” he noted.
Police in Kapiri Mposhi over the weekend arrested James Mwape and Philip Mubiana both residents of Ndeke Compound in Kapiri Mposhi for engaging in Homosexuality.
The two were arrested after a tip-off from some members of the public that they were engaged in homosexuality.
According to a tip-off from members of the public, the two had been living together as man and wife in Ndeke area.
Central Province Commissioner of Police Standwell Lungu said medical tests conducted on the two proved that they had been having sex against the order of nature.
The Police Commissioner said Philip had been acting as wife while James as man in the relationship which he said had existed for some time.
Meanwhile, Police had to revoke police bond granted earlier for the two men arrested after they were found engaging in “unnatural” sexual acts again.
Mr Lungu explained that police had to revoke police bond which was granted earlier and re-arrested the two men for again engaging in the act which they were arrested on in the first place.
He said the two will remain in custody until they appear in court.
He said the couple was discovered in the act and was apprehended by their relatives in Ndeke Compound.
Kabwe-based Principal Resident Magistrate John Mbuzi set May 22, 2013 as date for commencement of trial after the two pleaded not guilty to the charge.
The two are reminded in custody.
James Mwape one of the suspect allegedly involved in a homosexual relationship entering the court room in Kapiri MposhiPhilip Mubiana accused of involved in a homosexual relationship walking into the court room while covering his facePhilip Mubiana walking out of the court room
James Mwape covered himself in a head sock while Philip Mubiana covered himself in a blank coat after appearing in court in a matter in which there are charged for unature sexual act
Acting Chief Justice Lombe Chibesakunda with her Deputy, Florence Mumba,
The Supreme Court has delivered a four-hour judgment today advising the Government against proceeding with the Chikopa tribunal set up to investigate the alleged professional misconduct of three Judges.
Acting Chief Justice Lombe Chibesakunda on behalf of a bench of seven ruled that President Michael Sata did not breach his Constitutional powers when he suspended the three are Supreme Court Judge, Phillip Musonda and two High Court judges, Nigel Mutuna and Charles Kajimanga and the subsequent setting up of the tribunal.
Ms Justice Chibesakunda sitting with her Deputy, Florence Mumba, Judges, Marvin Mwanamwambwa, Hildah Chibomba, Gregory Phiri, Munyinda Wanki and Elizabeth Muyovwe advised the State not go ahead with the tribunal due to the nature of the case.
“Although we agree that the President’s decision to appoint a tribunal was not ultra vires, we believe it would be advisable for the tribunal not to proceed due to the nature of issues raised and we make no orders with regards to costs,” she said.
She said that this was a landmark judgment in the history of Zambia claiming that the outcome would instill the sense of responsibility in the judiciary, the court’s jurisdiction as well as the conduct of the profession.
Judge Chibesakunda said the tribunal would have accorded the three judges to give the side of their story as it was not a prosecution.
She said High Court Judge Fulgence Chisanga misdirected herself when she granted the respondents leave to apply for judicial review which also acted as a stay to the proceedings because the President had already appointed the tribunal.
Justice Chibesakunda’s judgment was followed by three dissenting judgments by Judges Mwanamwambwa, Muyovwe and Chibomba who all said that the learned trial judge was on firm ground to stay the proceedings.
The judges argued that Article 98 (3) which the President used to suspend the tribunal could be challenged through a judicial review by anyone who was not agreeable with the action because law was not static.
Commenting on the judgment, Solicitor General Musa Mwenya said it was one of the landmark judgments where judges exercised their independent minds to come up with the judgment.
Mr Mwenya said the judges could not be faulted for coming up with different views on the case.
“This is one case where judges have exercised different independent views in a serious and extremely constitutional matter. In my view the judges have acquitted themselves and they cannot be faulted with the way they have decided on this case,” Mr Mwenya said.
Attorney General Mumba Malila had appealed against Judge Chisanga’s decision to stay proceedings of the tribunal appointed by Mr Sata to probe the alleged misconduct of the three Judges.
Mr Malila had indicated in his notice of appeal to the Supreme Court that the State was dissatisfied against the ruling and as such it was appealing against the whole ruling delivered by Judge Chisanga on May 24, 2012.
The Judges had sought judicial review in respect of the decision made by President Sata on April 30, 2012, to appoint a tribunal to investigate them.
But Ms Justice Chisanga in dismissing the State’s application stated that she did not agree with Mr Mwenya that the investigations to be conducted by the tribunal ought not to be stayed simply because the process was investigative in nature.
“My firm position is that the investigations, being non-criminal in nature, are amenable to be stayed. It would totally defeat the course of justice not to stay the President’s decision,” she had said.
Zambia’s most successful sports man Samuel Matate has been appointed coach for the Zambia national athletics team.
Zambia Amateur Athletics Association president Elias Mpondela said at a briefing in Lusaka on Thursday that the association was excited to be working with the former 400 meters hurdles World champion.
“We want him to focus on hurdles that he is an expert in and also in sprints,” Mpondela said.
“So he is going to be the national coach of the Zambia Amateur Athletics Association.
“And together with him, we believe we will begin to do great things for our country in athletics development and promotion.”
Matete won a gold medal at the 1991 World Championships and was twice silver medalist at the same event.
He was three-time World Cup winner and won gold at the 1994 Commonwealth Games.
Matate later won a silver medal at the 1996 Olympics in Atlanta in what still is Zambia’s last medal at the World biggest showpiece event.
Zambian coaches Tenant Chilumba and Kelvin Kaindu battle for supremacy at the top of the Zimbabwe Premiership this Saturday.
Kaindu’s Highlanders travels to face FC Platinum this weekend, a side coached by Chilumba are first and second on the table respectively.
Both head into the ninth round of matches this season tied on 19 points.
The tie favours Kaindu who has yet to lose against Chilumba since arriving in Zimbabwe in 2012 from Zanaco recording 1-0 home and away wins over the latter when he was previously in charge at Hwange.
Kaindu enjoy the same form against Platinum last season and Chilumba will not want to suffer from a another bout of De ja Vu this weekend.
Last season, Highlanders beat Platinum 3-1 away and 1-0 as Kaindu’s team raced to finish second behind eventual champions Dynamos.
First Lady Dr Christine Kaseba Sata being conferred with the American Collage of Obstetricians and Gynecologists Honorary Fellowship Award in New Orleans, Louisiana
First Lady Dr Christine Kaseba-Sata has been conferred with the American Collage of Obstetricians and Gynecologist (ACOG) Honorary Fellowship Award in New Orleans, Louisiana.
The First Lady was conferred the award for her outstanding contribution to her profession as an Obstetrician-Gynecologist at the ongoing 61st ACOG Annual clinical meeting.
In his introductory remarks before the award, Dr Jeffrey Stringer highlighted some of Dr Kaseba-Sata’s achievements both locally and internationally.
Among the achievements highlighted were her support for the Pink Ribbon Red Ribbon Initiative, a partnership with several international entities to expand the availability of cervical cancer screening and treatment, “Saving Mothers Giving Life Project” a new initiate sponsored by the United States and other donor countries to reduce maternal mortality world wide.
The First Lady who is also a distinguished clinician, researcher and public health professional is a tireless advocate for women’s health.
Dr Kaseba-Sata is current chair of the Forum of African First Lady’s Fight Against Cervical and Breast Cancer. And speaking soon after receiving her award, the First Lady said she was humbled by the award adding that it was gratifying to note that her efforts in Zambia have been recognised by the Collage which has a membership of over 57,000.
Dr Kaseba-Sata was one of two gynecologists conferred with the status of Fellow at the Presidential Inauguration and Convocation attended by over 3,000 obstertricians and gynecologists drawn from North America and Europe. Dr Kaseba-Sata observed that her participation in this years Annual Conference was a learning experience for her adding that she will implement some of the modules learnt which show the environmental effects on pregnancy.
This will in turn contribute towards reducing maternal and infant mortality. Also present at the Convocation ceremony was Zambia’s Ambassador to the United States Palan Mulonda. During the ceremony ACOG outgoing president Dr James Breeden handed over the office of president to Dr Jeanne Conary.
First Lady Dr Christine Kaseba Sata being conferred with the American Collage of Obstetricians and Gynecologists Honorary Fellowship Award in New Orleans, Louisiana
Permanent Secretary in the Ministry of Information and Broadcasting Amos Malupenga
Permanent Secretary in the Ministry of Information and Broadcasting Services, Amos Malupenga, has clarified that no contract has been awarded to any company for the commissioning of a national digital terrestrial television broadcasting system in Zambia.
And Mr. Malupenga has described the conduct by Star Software Technologies Company Limited, the preferred bidder for the job, to issue a media statement on the ongoing tender process as misleading, unprofessional and uncalled for.
Mr. Malupenga has however explained that Star Software Technologies Company Limited has been selected as a preferred bidder to be awarded a contract subject to meeting all conditions stipulated in the Zambia Public Procurement Authority (ZPPA) Act.
He was reacting to media reports in some newspapers and online publications that quoted Star Software Technologies Company Limited as having said government had awarded a contract to the company for the digital migration programme.
Mr. Malupenga explained that after the closure of receiving bids, a ministerial committee met to evaluate all the bids that were submitted and settled for Star Software Technologies Company Limited as a preferred bidder.
He further explained that Huawei Technologies Company Limited, ZTE Corporation, Gospell Digital Technology Company Limited and King Tai Investments Zambia Limited were unsuccessful bidders.
The Permanent Secretary said reasons for rejecting Huawei Technologies Company Limited’s bid were non compliant, supply of partial quantities and omission of items.
Mr. Malupenga said as for ZTE Corporation, the reasons were non compliant, omissions of items, non compliant to technical specifications while Gospell Digital Technology Company Limited’s bid was rejected for non compliant, bid security and partial quantity.
He pointed out that King Tai Investments Zambia Limited’s bid was rejected for non compliant and insufficient proof of similar contracts handled on television broadcasting equipment.
Mr. Malupenga added that late last month, the ministry issued a notice in the Times of Zambia and the Zambia Daily Mail newspapers informing all the five bidders and other interested parties of its decision to settle for Star Software Technologies Company Limited as its preferred bidder.
He further said the notice, did not in itself constitute an award of contract and bidders that were aggrieved had the right to appeal under ZPPA Act within ten working days excluding the labour day and weekends.
Meanwhile, Mr. Malupenga has described the conduct by Star Software Technologies Company Limited to issue a media statement on the ongoing tender process as misleading, unprofessional and uncalled for.
Mr. Malupenga said he does not understand the intentions of Star Software Technologies Company Limited to issue a statement to the media when the firm knows too well that the ministry can only award them a contract after the Ministry of Justice under the Office of the Attorney General had done its work.
Zambia will join the rest of the world in migrating from the analogue to digital television in June 2015.
For this reason, government is expected to award a contract to a company to supply, deliver, install and commission a national digital terrestrial television broadcasting system in Zambia before the deadline.
DATE: THURSDAY, 9TH MAY 2013
____________________________________________________________________________________
SUBJECT: APPOINTMENT OF STATE COUNSEL
___________________________________________________________________________________
We wish to draw the attention of members and the general public to the law regarding the appointment of State Counsel. Section 17 of the Legal Practitioner’s Act provides the procedure for the appointment as follows:
17. (1) Any practitioner wishing the rank and dignity of a State Counsel for Zambia to be conferred upon him shall submit his application, accompanied by the recommendation of two State Counsel, in that behalf to the Attorney-General.
(2) On receiving such an application, the Attorney-General shall, after consultation with the Chief Justice and the (Law) Association (of Zambia), make such recommendation thereon to the President as he thinks fit, and the President may, after taking such recommendation into consideration, in his discretion, either reject the application or, subject to the other provisions of this Act, appoint, by Letters Patent under the Seal of the Republic, the applicant a State Counsel for Zambia.
The Council of the Law Association of Zambia has taken the position that should the Association, during the consultation process, express an opinion that a Practitioner should not be granted the Honour and dignity of State Counsel, but the said Practitioner is nevertheless granted such honour and dignity then the Association will send a notification to the membership and the public as to why the Association did not see it fit to recommend the appointment. This will apply also to those appointed without following the procedure stipulated above. The Association will reserve its rights in all respects pertaining to such appointments.
It is the position of the LAZ that State Counsel must command respect within the profession and as such, such honour must be granted on merit and not due to any other considerations. This decision is meant to preserve and protect the profession and the honour and rank of State Counsel.
Patients sleeping on the floor while waiting to be attended to at Liyoyelo Urban Clinic which is in a bad state for both health workers and of the patients
The Civil Society for Poverty Reduction (CSPR) bemoans the continued challenges being faced in the Health sector. We note that the University Teaching Hospital (UTH) has been hit by a crisis of lack of pre nun milk, a supplement needed for the survival and growth of premature babies.
Premature babies in UTH are now depending on well-wishers for the supply of the supplement, which should not be the case. Through the media, we have also learnt that health centres in the country are rationing Anti Retro Viral (ARV) Drugs to HIV patients due to the short supply of the commodity to the Ministry of Health.
We note that at the moment, HIV patients are receiving one month prescription as opposed to three months of the drug. Our concern is that if the Ministry of Health does not act swiftly and procure the ARVs in the right amounts as required to cater for all patients, we risk having patients being affected adversely if they run out of the Drugs. The shortage of these drugs is life threatening and can also result in drug resistance if there is no consistency in the uptake of the drug on the part of the patient.
It is sad to note that on one hand, the Government is able to mobilize resources to facilitate unplanned for by-elections
We have further learnt that in addition to low staffing levels at Kanyama clinic the clinic does not have blankets for patients. CSPR therefore implores the Government to quickly intervene and address the situation at UTH, short supply of ARVs and Kanyama clinic without delay and ensure measures are put in place to improve health service delivery in public health facilities as this is where the majority of poor Zambians access health care.
Through CSPR’s budget tracking and service delivery monitoring work around the country, we have continued to note that rural health facilities still battle with shortages of drugs, equipment, poor staff attitude and poor staffing levels. Therefore we call upon Government to prioritize issues raised within the health sector to ensure that lives are not lost unnecessarily.
It is sad to note that on one hand, the Government is able to mobilize resources to facilitate unplanned for by-elections but on the other hand fail to provide adequate funds for improving health service delivery. We further call for a higher level of transparency and accountability towards dealing with issues in the health sector by Government and demand that priority be given to addressing operational issues at the highest health referral point.
We want to see a higher demonstration of political will towards the health sector which is very cardinal for human development and ultimately national development. If the health sector is not governed properly, we might see a situation where for instance progress said to have been scored in the reduction of child mortality rate under the Millennium Development Goal begin to be reversed.
By Diana Ngula
Information and Communication Programme officer
Civil Society for Poverty Reduction
Power Dynamos chairman Owen Silavwe has implored the Beston Chambeshi led technical bench to work hard and improve the performance of the team.
Silavwe said he was not impressed with Power’s start to the Super Division campaign.
Power have picked 10 points from seven matches so far.
He said Power have assembled a good team that can challenge for the league title.
Silavwe was speaking when Copperbelt Energy Corporation presented a luxury bus to the club on Wednesday.
“The peformance can only improve as long as the technical bench works hard,” he noted.
“Obviously, we haven’t had the best start to the season but we believe we have a solid team.
“We hope the arrival of the new bus is going to motivate players,” Silavwe stated.
On Saturday, Power face Roan United in the lunch-hour kick off match at Nkana Stadium in Kitwe before Nkana host Zanaco at 15:00 hours to complete a doubleheader at the same venue.
