Attorney General Mumba Malila has filed a notice of appeal in the Supreme Court against the High Court’s decision to grant LapGreen leave to hear its petition in London, England in which it is challenging government’s decision to compulsorily acquire its 75 percent shares in Zamtel.

Lusaka High Court Judge Albert Wood granted LapGreen the application for it to tender evidence by alternative means, for trial to be heard in a neutral foreign country on grounds that its witnesses were being intimidated by the Zambian government and as such, they were scared to come to Zambia.

But Mr Malila has through a notice filed in the highest court of the land expressed the State’s intention to appeal against the ruling.

This is in a matter in which, LapGreen the former owners of Zamtel had asked Mr Justice Wood to grant it leave to adduce evidence by alternative means, for trial to be heard in a neutral foreign country or by any other means available on grounds that its witnesses could not come to Zambia as they were being intimidated.

The Libyan based firm had through an affidavit sworn by David Holiday adviser to the chairperson of LapGreen and Managing Director of Uganda Telecommunication Ltd, a subsidiary of LapGreen, cited a number of reasons why he felt the application should be allowed.

Mr Holiday said both prior to and after the purported compulsorily acquisition of its shares in Zamtel, LapGreen ‘bosses’ had been victims of a number of intimidation tactics by the government.

He alleged that on January 18, 2012, Zamtel bank accounts were blocked by the DEC and a seizure notice issued based on allegations of money laundering.

[pullquote]“This only leads me to one conclusion that they are true. The unchallenged evidence is that Hans Paulsen was escorted by armed police officers to and from his office. Armed police officers also came to look even after he had left for Uganda,” Mr Justice Wood said.[/pullquote]

Mr Holiday said on January 24, 2012, government decided to compulsorily acquire the shares in Zamtel and forcibly ejected a number of its management staff.

He said former Zamtel chief executive officer, Hans Paulsen, a Ugandan national who was found at Zamtel offices was surrounded by armed police officers and was told to leave the premises immediately.

He said Mr Paulsen was a critical witness in the matter in which LapGreen has petitioned over government’s decision to acquire its 75 percent shares in Zamtel but he was unwilling to come back to testify because of fear.

But Solicitor General Musa Mwenya in opposition to the application had on January 18, 2012 asked the court not to allow the application on grounds that the company had not cited any rule to support the application.

Mr Mwenya who denied any intimidation said the blocked accounts were done on grounds of investigating money laundering against LapGreen.

He denied preventing LapGreen‘s witnesses to come and testify saying “there is no basis upon which the matter can be heard in a different jurisdiction and is in any case illegal in view of the provisions of the law.”

But in passing his ruling, Mr Justice Wood said it was clear from the affidavit by Mr Mwenya and submissions that none of the allegations by LapGreen’s witnesses have been denied or challenged in any way by the respondent.

“This only leads me to one conclusion that they are true. The unchallenged evidence is that Hans Paulsen was escorted by armed police officers to and from his office. Armed police officers also came to look even after he had left for Uganda,” Mr Justice Wood said.

He said since LapGreen was the one who wished to have evidence taken to England it was only equitable that it bears all respondents’ reasonable expenses relating to the case.

He said “the net result is that the application is allowed and the petitioner should be responsible for respondents’ reasonable expenses. The issues raised are novel.”

Home Affairs Minister Edgar Lungu has asked for forgiveness from Lundazi Parish Priest Father Viateur Banyangandora.

Mr Lungu who visited Fr Banyangandora at his residence at St Paul’s Catholic Parish in Lundazi yesterday said it was prudent for him to ask for forgiveness so as to reconcile with the priest during the Easter season.

The minister said Government was looking forward to work with the Catholic Church in all aspects of life.

He urged Fr Banyangandora to continue doing the good work of looking after people and ministering to them.

And Fr Banyangandora expressed gratitude with the gesture and advice from Mr Lungu.

He encouraged the minister to feel free to visit him saying the church’s door was always open to Government.

“The door to any Government official is always open and I’m encouraging you to feel free and visit me,” Fr Banyangandora said.

In August last year, the Immigration Department deported Fr Banyangandora to Rwanda, his country of origin.

Chipata Catholic Diocese Bishop George Lungu then, demanded for an explanation from the Government over the deportation of Fr Banyangandora whom he described as his son.

Bishop Lungu said Fr Banyangandora did not commit any offence when he preached about the impasse which surrounded the marketing of cotton during mass in Lundazi.

In November last year, Government reversed the deportation order and the Priest returned to Zambia in January this year.

THE Lusaka High Court has set Tuesday next week as the date for judgment in a matter in which former First Lady Thandiwe Banda asked the court to order with costs, the reversal of the restriction notice placed by the Anti-Corruption Commission (ACC) on the Mpundu Trust Limited on Leopards Hill Road in Lusaka.

Judge Dominic Sichinga who is presiding over the matter has set April 2, 2013 as the date for judgment in the matter.

Ms Banda of Villa Number Three, Plot 2758 off Leopards Hill Road, New Kasama who sued in her capacity as director of the project, wants the court to award her damages for the loss of time on the project claiming she was the lawful owner of the property at Stand Number 1F/488A/29A, Leopards Hill Road.

She said she applied to Access Bank Zambia Limited for a loan of up to US$600,000 for the completion of the construction of the 12 residential properties.

She said Mpundu Trust Limited was established in 2009 to look after the interests of her twins and their future education and health needs.

Ms Banda said on April 9, 2009 the bank offered her the loan and on February 16, 2011 she again applied to the bank asking for a further loan of up to $1 million for completion of the construction.

Access Bank Zambia Limited has also joined Ms Banda in suing ACC saying it had an interest in the matter.

In 2011, President Michael Sata has instructed law enforcement agencies to probe the US$ 1 million held in Rupiah Banda’s Mpundu Trust Account linked to the construction of posh flats in Kabulonga.

Former president Banda was linked to money laundering and abuse of office in relation to the purchase of Plot No. RE/A/29/488A Leopards Hill Road, Kabulonga.

According to a statement by special assistant to the President for press and public relations George Chellah, President Sata’s directive came in the wake of revelations that Mpundu Trust had unexplained funds in one of the banks in the country.

Sata at the time said that the decision to probe Mpundu Trust was without malice or ill motive but to simply set the record straight by ensuring that the due process of the law was followed.

“Information we have received is that Mpundu Trust is holding over US$1 million with one of our local banks,” Sata said.

“Considering the colossal amounts involved in this bank transaction, I strongly believe that it’s only fair and prudent for the Drug Enforcement Commission (DEC), in liaison with other law enforcement agencies to professionally and systematically investigate this matter. Let it be known from the onset that the decision to probe Mpundu Trust is without malice or ill-motive but to simply set the record straight by ensuring that the due process of the law applies.”

The Movement for Multiparty Democracy (MMD) has expelled its Fiera constituency Member of Parliament Patrick Ngoma with immediate effect.

MMD Deputy National Secretary Chembe Nyangu said the opposition MP has expelled its Feira MP for alleged flouting the party constitution.

ZANIS reports that Mr. Nyangu confirmed the development in an interview in Lusaka, today.

He said that the decision follows both findings from an investigation conducted by the party and revelations of disloyalty from Fiera constituency.

Mr. Ngoma has been involved in activities that were de-campaigning the party an action he says shows disloyalty to the party leadership, the MMD Deputy National Secretary said.

He explained that his party’s action is a form of instilling discipline to all party members as some MPs are disregarding the party after acquiring their parliamentary seats using MMD resources.

This comes after MMD president Nevers Mumba yesterday announced that the party was on course to take disciplinary measures on all erring party members.

So far the former ruling party has expelled several big wigs and founder of the party among them being former Tourism minister Cathrine Namugala and MMD National Chairman Major Richard Kachingwe

ZANIS