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Andrew Banda, Locci appeal to Supreme court

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FORMER President Rupiah Banda’s son Andrew and Italian businessman Antonello Locci have appealed against the decision by High Court Judge Evans Hamaundu to refer their case back to a subordinate court.

Banda and Locci said through their lawyer Jack Mwiimbu that they have appealed to the Supreme Court to determine the constitutionality of the charges that have been levelled against them.

This is in a matter in which Banda and Locci are jointly charged with two counts of gratification for giving assistance on contracts contrary to the law.

The duo through their lawyers Eric Silwamba and Sakwiba Sikota had asked Chief Resident Magistrate Joshua Banda to quash their indictment on grounds that they were charged under the Anti-Corruption Commission (ACC) Act number 38 of 2010, which has been repealed by the recently enacted ACC Act number 3 of 2012.

But Director of Public Prosecutions (DPP) Mutembo Nchito, who is the lead prosecutor in the matter, argued that there was nothing wrong in charging Andrew and Locci using the repealed law because the law used was the one existing at the time the alleged offence was committed.

File:Andrew Banda (in red) and his lawyer Sakwiba sikota after signing bond documents at Woodlands Police station when he was formally arrested

In his ruling earlier in September, Magistrate Banda referred the matter to the High Court and halted the criminal proceedings against the pair pending the determination of the matter by the High Court.He said it was inevitable that the matter be halted in the subordinate court while awaiting guidance by the High Court on constitutional matters arising from the case.

Magistrate Banda, said it was his view that in the light of the question raised by the defence, theirs was a proper case for his court to invoke Article 28 (2) (a) of the Constitution of Zambia and refer the matter to the High Court.
“The question the High Court is being invited to determine is that of constitutionality of charging the accused persons on repealed legislation and the applicability of section 14(3) of Chapter 2 of the ACC Act,” Magistrate Banda said.

However last week the High Court referred the case back to the subordinate’s court.Judge Evans Hamaundu said there was no need for Chief Resident Magistrate Joshua Banda to invoke Article 28 of the Constitution and refer the matter to the High Court.
He said magistrate Banda should be able to refer to the several authorities cited by both parties and make a decision on the application.

The matter came up yesterday for mention before senior resident magistrate Joshua Banda in the Lusaka Magistrate’s Court.

Defence lawyer Mwiimbu said the matter cannot proceed in the subordinate court until the Supreme Court determines the constitutionality of the charges against the duo.
“The matter that is under consideration in the Supreme Court pertains to the constitutionality of the charges against the two accused persons and the same cannot be determined and resolved by this honourable court,” Mr Mwiimbu said.
He said the accused persons have appealed to the Supreme Court and that the date for hearing of the appeal has not yet been set.

But State prosecutors said they are aware of the appeal to the Supreme Court but that the proceedings in the subordinate court cannot be stopped.

They said the High Court sent back the matter to the subordinate court to make a decision on whether it should quash the indictment or not.

Magistrate Banda has set October 11 as the date for ruling on how the matter should proceed.

People in Lufwanyama riot against the mines for employing people from other towns

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Lufwanyama District
Lufwanyama District

SCORES of residents in Chief Nkana in Lufwanyama yesterday ran amok and blocked all the roads leading to the mines in protest against the alleged tendency by local mining firms to employ people from other towns.

And police in Lufwanyama yesterday arrested two people in connection with the protests that took place around 07:00 hours.

Lufwanyama district commissioner Alex Kalela confirmed the development in an interview yesterday.

Mr Kalela said the residents burnt tyres at the junction of the roads to Grizzly, Kagem and Chibuluma mines.

“This morning, the residents in Chief Nkana’s area rioted. The residents are not happy that the mines are employing people from the surrounding towns instead of the local people,” he said.

Mr Kalela said the residents are angry that the local people are not benefiting from the district’s rich mineral wealth.

He said the local people want the mining firms to employ the youth who are just idling in villages due to lack of employment.

And police officers in riot gear were quickly deployed to the scene to quell the riot as most motorists were stranded because of the blocked roads.

Mr Kalela said two people have been arrested in connection with the protests and are detained at Kalulushi police station.

And Copperbelt commissioner of police Mary Tembo confirmed the development but she could not give further details as she was still waiting for a report from the officers in Lufwanyama.

[Zambia Daily Mail]

Mpulungu farmers give Government ultimatum to pay them

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Mkushi DC Christopher Chibuye(in suit) pleading with angry Farmers at FRA main shed
Mkushi DC Christopher Chibuye(in suit) pleading with angry Farmers at FRA main shed

Irate farmers in Mpulungu district have given government up to Wednesday to be paid their money for the maize supplied to the Food Reserve Agency (FRA) failure to which they will lock up the offices of the District Commissioner and District Agricultural Coordinator (DACO).

The farmers, who stormed the DCs offices today, demanded her intervention over the payments for their maize, lamenting that they had gone through untold suffering.

Group spokesperson, Patrick Sikasote, said they supplied their maize to the FRA on 3rd August, 2012 but have not received their money from the agency although they were promised to be paid within two weeks of supply.
Mr Sikasote said the farmers borrowed money to transport the maize to the satellite depots and the money lenders were now pestering them for repayment.

‘’We have incurred huge costs in travelling from our areas to the township because of the promissory notes from FRA. There is also the cost in food and lodging here as we wait for the money which is not forthcoming,’’ he complained.
Most of the farmers complained that they had lost household property including television sets, beds, mattresses and sofas among others to the money lenders because of their failure to fulfil the promise to settle their credits in time.

They also complained of hunger in their homes and failure to send their children to school because of lack of school fees, adding that they were also being evicted from their houses because they were unable to pay house rentals.
The farmers, mostly from Chitimbwa, Vyamba, Chinakila, Kopeka and Mpulungu wondered how they were going to buy fertilizers and other agro-inputs in time if they could not be paid their money now when the rainy season was just around the corner.

They said if the government was not in a position to pay them, they were willing to be given back their maize to supply to other interested buyers locally and in neighbouring countries.

But when reached for comment, both the District Commissioner, Juliana Chuzu and District Agriculture Coordinator, Kennedy Sinkamba, said the money would be paid within two weeks, according to the information they had.
Mr Sinkamba added that from the 1,300 farmers who supplied maize to FRA, only 130 were paid on 22nd August, 2012.
He said the department of agriculture was equally worried by the delay because it was defeating the concept of food security at the household level as farmers were forced to sell their reserves to survive because of lack of money to live on.

A traditional leader in Luapula province has called on government through the Food Reserve Agency (FRA) to accelerate the process of paying farmers.

And Chief Chisunka of Mansa district wondered why government was taking too long to the farmers who he said play a key role in boosting the country’s food security.

In an interview with ZANIS, Chief Chisunka, however, praised government for its commitment of offering support to agriculture in his area by establishing satellite depots.

The Traditional leader stated that it was saddening to note that farmers have not been paid their dues especially that the rainy season will soon be approaching and farmers need to prepare for the next farming season.

He further implored government to construct feeder roads that would make it convenient for farmers to ferry their maize produce.

He further disclosed that some parts of Luapula province have started receiving rainfall which very soon will pose a threat to the maize stock if not well secured.

He called on government to critically look at ways of how the maize grain can be safeguarded even as government mobilises resources to pay farmers.

ZANIS

PF condemns group asking Southern Province PS, Dr Chileshe Mulenga, to leave

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Southern Province Permanent Secretary Dr Chileshe Mulenga
Southern Province Permanent Secretary Dr Chileshe Mulenga

Southern province PF political secretary Brian Hapunda says the continued clandestine activities and wild demands by a group calling itself Tongas Under Oath is very unfortunate .

Mr Hapunda has also warned in a statement to ZANIS in Livingstone that if left unchecked the group could bring about tribal hegemony in Zambia.

He said that the PF condemn the Letters being written by this Clandestine group calling upon all Bembas to leave Southern Province with immediate effect or else they be killed.

Mr Hapunda urged all well meaning Citizens and Political Parties Players who believe in the One Zambia One Nation philosophy to condemn the clandestine activities of the group.

“As a party in southern province that is in government, we will not get intimidated by clandestine groups that want to brew tribal hegemony as our focus is to deliver real developmental to the people because the PF government is for all Zambians’’, he said.

Mr. Hapunda’s remarks follows last Thursday’s incidence where southern province permanent secretary Dr Chileshe Mulenga received a letter and made available to ZANIS ordering him to leave the province.

The letter signed by a Mr. H.Mweemba and had a postal address of Mazabuka municipal council read that Mr. Miles Sampa was asked to leave he left on time because Mr. Michael Sata did not want his nephew to die in the conflict.

It further read that this is the last time the Tongas on oath was dealing with the matter adding that the government was aware of the position on the alignment on chirundu and Itezhi-tezi.

“This group has written a letter to new Southern Province Permanent Secretary Dr Leonard Chileshe Mulenga ordering him to vacate Southern Province with immediate effect or else they will kill him.

As the PF we describe such letters from this Group and their demands as cowardice, unzambian and a tribal hate speech, “he said.

ENDS

Provincial Television Stations project launched

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INFORMATION Deputy Minister, Mwansa Kapeya(L)
INFORMATION Deputy Minister, Mwansa Kapeya(L)

Government says it is committed to ensure speed and smooth implementation of the provincial television station project which will see television studios established in every province.

Deputy Minister of Information and Broadcasting Services, Mwansa Kapeya, said yesterday that government is keen to see the provincial television project succeed and completed without any delay.

Mr Kapeya said that President Michael Sata has high passion for effective media outreach through television to rural areas because the head of state recognises the importance information plays in national building and development.

He said given this kind of political will in government and the expertise of the eight-member team put in place to spearhead the project, the implementation will succeed and completed in record time.

Mr Kapeya also said ZNBC has an existing strong infrastructural base to enable government roll out the provincial television project.

He was speaking at Solwezi civic centre today when he launched the provincial television project which will be rolled out to all provinces.

The deputy minister said the Patriotic Front government inherited a scenario where television coverage was only concentrated along the line of rail.

Mr Kapeya said this restricted coverage of television signal denied the rural population access to important information which is needed if they are to effectively participate in national development.

Mr Kapeya said the PF government is in a hurry to reverse this state of affairs, hence the launch of the provincial television project today in Solwezi.

He said the provincial television project which will be implemented alongside the digital migration project with the first station established in Solwezi and later rolled out to the rest of the country.

He disclosed that President Sata has personally directed him to ensure the project is urgently implemented and once established the provincial television stations should air 80 per cent content in local languages and only 20 per cent will be broadcast in the English language.

The deputy minister said the television project will create employment during construction of the stations and once operational which is in line with the PF manifesto of job creation and putting more money in people’s pockets.

Chiefs, leaders of various churches, business community and several residents from Solwezi witnessed the launch of television project.

And speaking earlier, Information and Broadcasting services Permanent Secretary, Amos Malupenga, described the launch of the television project today in Solwezi as a memorable historic event.

Mr Malupenga said the project demonstrates the PF government’s commitment to realise a free flow of information in the country.

He said the project will succeed because there is a lot of zeal in the Ministry of Finance to mobilise funds for implementation of the undertaking.

And the provincial television project spearheading committee chairperson, Ducan Mbazima, said that North Western Province is an appropriate province to be a launch pad for the project.

Mr Mbazima said this is because Solwezi, the provincial headquarters, is experiencing phenomenon investment in the mining sector and related enterprises.

ZANIS

Mighty, Modern Game Halted After Attack on Assistant Ref

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Kamfinsa referee Milton Mweemba on Sunday abandoned the Faz Division One North match between Mufulira Wanderers and Kalulushi Modern Stars after his assistant Kenneth Bwalya was assaulted by suspected home supporters at Shinde Stadium in Mufulira.
This week 29 fixture was halted in the 88th minute when  Modern Stars were leading 1-0.

Erick Chisala gave the Kalulushi side a lead late in the game before Bwalya was stoned.

Modern Stars coach Lawrence “Big Jim” Mweemba has since claimed victory even though the match was abandoned.

Mweemba said match officials indicated after the game that Modern Stars had won the match.

” We won the game. The referee told us to write in the result book that we have won the game even though it ended two minutes before full time,” he said.

Wanderers secretary Fernando Bwalya declined to comment on the matter.

Coming into Sunday’s game Modern Stars were second on the log with 49 points in 28 games.
Leaders Lime Hotspurs have collected 64 points.

3

Zanaco coach Keagan Mumba says the Super Division leaders will continue working hard in order to realise their dream of winning their sixth league title.

Mumba was speaking on Sunday after Zanaco beat Konkola  Mine Police 1-0 away in Chililabombwe to restore a five point lead at the top of the table and increase their tally to 51 points.

Striker Steven Phiri scored the lone goal for the Bankers.

Mumba said Zanaco will not relax knowing that there are only six fixtures before the league ends.

” We will continue working hard. This win will not go to our heads. We have to continue fighting,” he said.

Mumba saluted his side for beating Mine Police at Konkola Stadium.

” Job well done to the boys, it is not easy to get maximum points especially in Chililabombwe, I am happy that we have won but it was tough,” he stated.
“We are not fighting any body in the league, we are taking all our games as they come. We are not fighting Zesco, Power, Arrows not even Green Buffaloes.”

Mbola To Miss U20 Trip To Mali

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Emmanuel Mbola will not be travelling with the Zambia Under-20 to Bamako.

The FC Porto defender has been dropped due to logistical problems for the teams’ must-win 2013 African Youth Championship final leg qualifier this Saturday away to Mali.

“Mbola is arriving tomorrow (Tuesday) but it’s late and we are leaving around 11:00 hours and he is arriving around 14:00 hours,” Zambia Under-20 coach Keagan Mumba said.

“For him to get a visa, travel again, the flights to Nairobi, it’s like they are some logistical problems so the coach (Herve Renard) has decided to drop him.”

Mbola was drafted into the team last week to help shore-up the defence after leaking two soft goals in the 2-2 home draw on September 22 in Kitwe.

Renard who has been in full charge of the team after the draw will travel with the side to Bamako on Tuesday morning on a Kenya Airways flight via Nairobi.

Jerabo friendly Kitwe Cops under probe-Libongani

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Inspector- General of Police Stella Libongani
Inspector- General of Police Stella Libongani

Inspector General of Police Stella Libongani has warned that police officers found receiving bribes from the infamous Jerabos on the Copperbelt will be arrested.

Mrs. Libongani was reacting to newspaper reports that some Copperbelt police officers have vowed to continue taking bribes from Jerabos due to low salaries.

In a brief statement this afternoon, Mrs. Libongani revealed that investigations have been instituted to confirm these allegations.

“We would like to assure you that the issue will be thoroughly investigated and any of our officers who will be found guilty of receiving bribes shall be arrested,” she said.

“Our appeal to members of the public who might have information of such earring officers is that they report these officers to us and other relevant law enforcement agencies.”

She said as law enforcers, the police shall not hesitate to bring to book such indiscipline officers who not only fail to follow the good laid down communication procedure in place for airing grievances but also engage themselves in illegal practices.

President Sata retires Permanent Secretary Major. Francis Kamanga

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President Sata making a point during the opening of parliament
President Sata making a point during the opening of parliament

President Michael Sata, President has retired Ministry of Transport, Works, Supply and Communications Permanent Secretary Major. Francis Kamanga.

This is according to a press release made available to the media by State House.

The President thanked Maj. Kamanga for the services he rendered to the nation during his tenure of office.

“This is to confirm that, with immediate effect, I have decided to retire you as Permanent Secretary in public interest,”
read the excerpt from President Sata’s letter to Maj. Kamanga dated October 1, 2012.

Maj. Kamanga was appointed by President Michael Sata last year in November. During the swearing in ceremony Mr Sata told Maj Kamanga to put an end to the corruption at the road development agency.

He told Maj Kamanga to go country wide to monitor road construction projects and not leave to RDA.

Maj Sata also directed Maj Kamanga to upgrade all aerodromes in the country.

New music Video by Dalisoul

To start off the week we have a new video by Dalisoul for the song “Menso Yalibe Maketani” that features B1

By Kapa187

90% of microfinance loans given out are for consumption-Bwalya N’gandu

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BoZ Deputy Governor Bwalya Ng’andu
BoZ Deputy Governor Bwalya Ng’andu

The Bank of Zambia(BoZ) has called on microfinance institutions to expand their lending to the productive sectors of the economy and alter the concentration of their loans away from personal to business loans.

Speaking at the launch of a new microfinance institution called Microfinance Zambia in Lusaka today, BoZ Deputy Governor of Operations Dr. Bwalya N’gandu, said the microfinance institutions sector makes up the largest non-bank financial institutions subsector with asset holdings of K1, 172.2 billion as at June this year.

Dr. N’gandu explained that this represents 45.5% of overall assets of non-banking financial institutions, but that the bulk of these assets are in form of payroll based personal loans which are largely for consumption purposes.

He noted that in the banking sector, consumption related lending currently stands at 30% of the total lending, but that this is not the case in micro finance institutions where the figure stands at 90% of the subsector’s total lending.

Dr. N’gandu disclosed that the bank of Zambia will soon announce changes to the minimum capital requirements for microfinance institutions.

He explained that this is because microfinance institutions have made very little contribution to economic growth due to low capital base of the institutions.

Meanwhile, Microfinance Zambia has pledged its commitment to continue working with all stakeholders in promoting financial inclusion with the hope that this will lead to increased economic activity and wealth creation in the country.

Microfinance Zambia Chairman Dr. Rajan Mahtani said the company will ensure its systems, processes, products and services are structured around the key elements that promote economic growth.

And speaking at the same function, Microfinance Zambia chief executive officer M’kwinda Sakala said the company aims at equipping clients with meaningful capital for productive ventures.

ZANIS

HH is being charged under a colonial law enacted in 1938- his lawyer tells court

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UPND president Hakainde Hichilema is mobbed by party supporters
UPND president Hakainde Hichilema

Defence lawyers for UPND president Hakainde Hichilema have applied that his indictment be quashed in a matter where he is charged with publication of false information.

The lawyers contend that Mr Hichilema has been charged under a law which contravenes the constitution.

Defence Lawyer Sakwiba Sikota has submitted that the penal code in question is archaic and was used by the colonial regime to oppress the people of Northern Rhodesia.

Mr. Sikota says section 67 of the penal code was enacted in 1938 and last amended in 1958.

Mr. Hichilema is said to have alleged that the Patriotic Front had sent some youths to be trained as militias in Sudan

Another defense lawyer Jack Mwiimbu has told Lusaka chief resident magistrate Joshua Banda that Director of Public Prosecutions Mutembo Nchito abused his discretion by writing to the Inspector General of Police that Mr. Hichilema retracts his claims against the Government.

Mr Mwimbu has submitted that by his conduct, the DPP had consequently waived his right to prosecute Mr Hichilema’s case.

Meanwhile, the defence lawyers have also applied to take Mr Hichilema’s case to the High Court for determination of the constitutionality of the charge.

Lusaka Chief Resident Magistrate Banda has reserved ruling to Thursday this week.

Top end of year Movies

As the 2012 comes to a close here are some of the blockbuster movies that you have to watch

Taken 2 (5 October)

In Istanbul, retired CIA operative Bryan Mills and his wife are taken hostage by the father of a kidnapper Mills killed while rescuing his daughter

Django Unchained (25 December)

With the help of his mentor, a slave-turned-bounty hunter sets out to rescue his wife from a brutal Mississippi plantation owner.

James bond 007 : sky fall (9 november)

Bond’s loyalty to M is tested as her past comes back to haunt her.

twilight breaking dawn 2 (16 November)

After the birth of Renesmee, the Cullens gather other vampire clans in order to protect the child from a false allegation that puts the family in front of the Volturi.

killing them softly  (30 november)

Jackie Cogan is a professional enforcer who investigates a heist that went down during a mob-protected poker game.

By Kapa187

Farmers protest over non-payment of their maize

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File: Peasant farmers

Farmers in Mansa district have protested over the non-payment of their maize sold to the Food Reserve Agency-FRA.

The Farmers who stormed ZANIS offices in Mansa this morning are demanding to be paid their dues saying they have suffered enough in the process of selling the maize.

The farmers have also demanded to be given back their maize if FRA has failed to pay them adding that it is better to sale the commodity to briefcase businessmen.

Some of the farmers displayed notices from schools sending away their children for nonpayment of school fees .

Speaking on behalf of the farmers, Chanda Macha said the farmers in Mansa district will not rest until they are paid their money

Mr Macha says it is worrying that even when the Minister of Agriculture and Live stock Emmanuel Chenda last week flagged off the 2012/2013 distribution of farming inputs there is no indication as to where they will find the money to pay for this coming farming season.

Meanwhile Mansa District Commissioner Mirriam Kauseni has assured the farmers that Government through FRA will intensify the payment of farmers this week.

Mrs Kauseni however disclosed that FRA has so far bought over 450, 000 x 50 kg bags of maize from farmers in Mansa district this marketing season against a target of 600,000 x 50kg bags.

The farmers in this area come from Malamba, Chimese, Mwanguni and Kashimba satellite deport

Meanwhile Irate farmers in Mpulungu have given government up to Wednesday this week to be paid their money for maize supplied to the Food Reserve Agency-FRA.

The farmers who stormed the office of the district commissioners office have warned that they will lock up the offices of the DC and the Agriculture Co-ordinator if the FRA fails to pay them their dues by Wednesday.

The farmers stormed the DCs offices today, demanding her intervention over the payments for their maize lamenting that they had gone through untold suffering.

Group spokespersons Patrick Sikasote and Eva Naulapwa said they supplied their maize to FRA on 3rd August, 2012, but have not been paid their money despite being promised to be paid within of supply.

They explained that the farmers borrowed money to enable them transport the maize to the satellite depots.

‘We have incurred huge costs in travelling from our areas to the township because of the promisory notes from FRA. There is also the costs in food and lodging here as we wait for the money which is not forthcoming,’’ lamented Ms Naupalwa.

Most of the farmers complained that they had lost household property like TVs, beds and mattresses, sofas among others to the people they borrowed money from due to the elapsed period of paying back.

The farmers, mostly from Chtimbwa, Vyamba, Chinakila, Kopeka and Mpulungu wondered how they were going to buy fertilizer and other agro – inputs in time if they could not be paid their money now when the rain season was just around the corner.

But when reached for comment today, both district commissioner Juliana Chuzu and District agriculture coordinator Kennedy Sinkamba said the information they had was that the money would be paid within two weeks.

Mr. Sinkamba added that from the 1,300 farmers who supplied maize to FRA, only 130 were paid on 22 August, 2012.
He said the department of agriculture was equally worried by the delay because it was defeating the concept of food security at the household level as farmers were forced to sell their reserves to survive.