PARLIAMENT has unanimously ratified the appointment of Director of Public Prosecutions (DPP) Chalwe Mchenga as High Court Judge.

Other appointees ratified for the same position are solicitor-general Mubanga Kondolo, his predecessor Dominic Sichinga, and Mrs Nicola Ann Sharpe-Phiri.

Mr Mchenga has been the victim of severe public criticism from the time he refused to appeal the acquittal of former President Frederick Chiluba in 2009, but recently President Sata said he does not support character assassination of individuals who cannot defend themselves like the DPP.

The Parliamentary Select Committee appointed to scrutinise the quartet’s appointment unanimously recommended Mr Mchenga after establishing that allegations of compromise levelled against him were not based on substantial evidence but public opinion.

Moving the motion for the House to adopt the Committee’s report yesterday, chairperson Jack Mwiimbu said: “The Committee is thus unanimous in its resolution that in the absence of substantial evidence to prove the allegations against the nominee (Mr Mchenga), he was unfairly judged and that in the interest of natural rules of justice and human rights, the Committee will not hold allegations against the nominee.

“The Committee, therefore, after due and thorough evaluation of written and oral evidence presented to it by the witnesses and the interviews with the nominees, is of the view that all the four nominees are qualified and competent to serve as Puisne Judges.”

He said all witnesses that were invited to help in the scrutiny of the nominees unreservedly supported Mr Kondolo, Mr Sichinga and Mrs Phiri but Transparency International Zambia (TIZ) and the Law Association of Zambia (LAZ) opposed the appointment of Mr Mchenga on grounds that he was compromised by the executive when he refused to appeal Dr Chiluba’s acquittal.

LAZ, through its honorary secretary Paulman Chungu, based this stance on the fact that Mr Mchenga refused to respond to it when the association wrote to him asking for his explanation on the matter; and that some ministers in the Rupiah Banda administration publicly declared that government would not appeal against the judgment.
“Thus, when the nominee did not respond to LAZ’s letter, the latter was compelled to believe that the nominee may have been compromised,” the committee’s report reads in part.

Mr Mwiimbu said the Committee observed that witnesses who did not support Mr Mchenga’s appointment based their decisions on public perception without any substantial evidence to prove the allegation.

He said further, when Mr Mchenga appeared before the Select Committee he executed himself well in his explanation to exculpate himself from the allegation that he had been compromised in the Chiluba case.

“The Committee further observes that the nominee was forthright in his answers to the questions posed to him. The Committee is satisfied that Mr Mchenga, State Counsel, acted within confines of the law.

“Further, unless where the exercise of the DPP’s powers involves public policy, in which case the DPP has to consult the Attorney General, the Committee observes that in accordance with Article 56(7) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia, the exercise of the DPP’s powers is not subject to the direction or control of any person or authority, and this includes public opinion,” Mr Mwiimbu, who is also Monze Central MP (UPND), said.

Contributing to debate, Roan MP Chishimba Kambwili (PF) urged the newly-appointed judges to help in speeding up dispensation of justice, saying it is unfair for inmates awaiting trial to spend many years in prison.

And Speaker of the National Assembly Patrick Matibini curtailed Minister of Justice Sebastian Zulu’s debate when he attempted to delve into details of the Chiluba case instead of concentrating on the motion on the floor of the House.

Meanwhile, Parliament yesterday heard that over K10 billion was spent on the printing of ballot papers for the September 20 tripartite elections in Durban, South Africa.

Deputy Minister in the Vice President’s Office Edgar Lungu told the House that apart from that expense, K1.2 billion was spent on the up-keep of representatives of different political parties and organisations that witnessed printing of the ballots while K225 million was spent on airlifting the ballots from South Africa to Zambia.

Mr Lungu was responding to a question posed by Chilubi MP Obious Chisala (PF).

And Vice President Guy Scott said printing ballot papers locally is the only way to reduce such huge costs incurred when the exercise is done outside the country.
[Zambia Daily Mail]

Former intelligence Chief, Xavier Chungu has asked the Lusaka magistrate court to discharge him and withdraw 168 counts of theft and abuse of authority slapped on him.

Mr. Chungu through his lawyer, Martin Musaluke made an application noting that he has been attending court for more than three years without taking plea.

He says his client’s continued appearing in court for mere mentions has brought him injustice and is in contravention of the provisions of article 18 sub-article 1 of the constitution of Zambia which provides that anyone charged with a criminal offense must be accorded a fair trial within a reasonable time.

Mr. Musaluke says spending three years without taking plea is surely not reasonable.

He says if the state is not ready to prosecute Mr. Chungu the magistrate court has powers under the criminal procedure code to discharge him.

Mr. Musaluke says this will not be an acquittal but that once the state is ready for trial they can re arrest him.

But state prosecutor James Mataliro has objected to the application charging that the state is ready to proceed with trial but that the case had stood following an application filed in the high court by Mr. Chungu and others questioning the mandate and legality of the taskforce on corruption.

He has since asked the court to dismiss the application charging that it lacks merit.

But Lusaka chief resident magistrate Joshua Banda has reserved ruling on the application to December 14 2011.

ZANIS

Lusaka magistrate has set December 7 to 9 as trial date for Lusaka province MMD chairperson William Banda.

Mr. Banda is charged with assault and unlawful wounding.

The one time MMD strongman now has a chance to exculpate himself when his case comes up for trial.

Today, Mr Banda was before the magistrate for mention.

He is jointly charged with four others.

These are LUSAKA businessmen, Patrick Chungu, Somili Mushitu, Simon Banda and Sebastian Mainde.

On the first count Mr Banda on September 3, whilst acting together with Chungu, Mushitu, Banda and Mainde assaulted Priscah Ndhlov in Chongwe.

The four on the same date in CHONGWE allegedly assaulted and occasioned bodily harm to ANDREW LOMBE.

They are also alleged to have assaulted and occasioned bodily harm to Precious Malama on September 3 in Chongwe.

The four are further accused of having unlawfully wounded Lackson Kabimbi in Chongwe on the same date

Mr Banda and his four co-accused have however denied the charges.

[ZNBC]

HOME Affairs Minister Kennedy Sakeni has instructed the police command to stop expelling female police recruits who fall pregnant during training.

And Mr Sakani has said President Michael Sata and his Government attach great importance to the welfare of the Zambia Police Service and are committed to addressing the various challenges officers face to boost morale and service delivery.

Speaking when he officiated at a pass-out parade of 490 police recruits at Lilayi Police Training College in Lusaka yesterday, Mr Sakaeni said the police command should stop expelling female police recruits from training after falling pregnant. He said expelling female recruits finding themselves in such a predicament was unfair because some of their male counterparts who impregnated females were still allowed to continue with their training.

Mr Sakeni was reacting to revelations by police divisional commander Chola Katanga that 10 recruits who were supposed to be among the graduates yesterday were expelled for gross violation of college standing orders for trainees ranging from falling pregnant while on the course and being away without leave. He said Zambia had joined the rest of the world in commemorating 16 days of gender activism and, therefore, it was saddening and unfair to learn that female trainees were expelled for falling pregnant.

“Instead of expelling them, they should just go on leave for 24 months. We must be fair, unless there were other offences,” he said. And Mr Sakeni said President Michael Sata’s Government was aware of the various problems the police service was encountering.

He said in a bid to address the challenges the police faced, Government had committed sufficient resources in the 2012 National Budget to be used in the construction of police camps and stations.
[Times of Zambia]

President Sata has expressed deep sorrow and grief over the death of former deputy High Commissioner to Canada, Brigadier-General Joseph Ngosa Chitomfwa (Rtd).

This is contained in a statement released by George Chellah special assistant to the President on press and public relations.
Brig. Gen. Chitomfwa, who also previously served as Chief of Military Intelligence and Security, died in the early hours of November 27, 2011 at Maina Soko Military Hospital.
President Sata says the deceased gallantly served the country in various capacities during his illustrious military career.
“It is with profound distress that I offer my deepest condolences to the Chitomfwa family on the loss of this devoted and dedicated compatriot,” President Sata says.
“We pray that the Almighty God gives them comfort and fortitude as they face these immense difficulties.”