THE Lusaka magistrate court yesterday refused to grant an application by opposition United Party for National Development (UPND) Leader Hakainda Hichilema to appeal to the high court against its earlier decision to refuse to refer Hichilema’s criminal charge to the high court for determination on constitutional issues.

And Chief resident magistrate Joshua Banda told Hichilema’s lawyers that they could have avoided the confusion they have caused in regard to the same application had they avoided rushing to the high court to file a notice of appeal when they knew he was yet to decide on the way forward.

Hichilema through his lawyers despite having not heard the ruling from magistrate Banda rushed to file a notice of appeal to the Lusaka High court challenging the subordinate court’s decision.

The high court has since set November 15, 2012 as a date for hearing of the appeal.

This is in a case in which Hichilema, 50 is charged with one count of publication of false news with intent to cause fear and alarm to the public contrary to the Laws of Zambia.

It is alleged that Hichilema on June 11, 2012 in Lusaka, orally published statements in which he said, inter alia, that “PF had signed an arrangement for the militia in Sudan to train PF youths”.

“Prepare for trouble”; “Do you know what is going on in Darfur, Do you know what is going on in Abyei? Do you know what is going on there? Killings!”, statements which are likely to cause fear and alarm to the public.

But Hachilema through through his lawyers led by Sakwiba Sikota asked magistrate Banda to refer the case to the High Court for determination on contraventions of Article 18 and Article 20 of the Constitution of Zambia.

However Magistrate Banda refused to grant the application prompting the defence lawyers to make another application seeking for leave for their client to appeal to the high court over his decision.

Magistrate Banda reserved ruling to yesterday but before Hichilema could hear the verdict, his lawyers filed a notice of appeal to the high court.

In his ruling yesterday, Magistrate Banda noted that he could not grant the application because there was no provision in the criminal procedure code and Subordinate Cpourt Act that backed interlocutory appeals in criminal matters.

“That is the law. No appeal can lie to the high court if I had referred this case to the high court and the high court’s decision was found to be unfavorable then an appeal could lie to the supreme court as was in the recent case involving Frantelli Locci and Andrew Bwezani Banda Vs the people) said magistrate Banda.

Magistrate Banda said in criminal matters an accused person could not appeal against a decision relating to an interlocutory or preliminary issue.

He said “from the foregoing it must be stated that the interlocutory appeal from here to the high court in this matter cannot stand and trial shall proceed”

Immediately after the ruling Hichilema’s lawyers lead by Martha Mushipe sought guidance from the court premised on the fact her client had already filed a notice of appeal and the high court has already set a date of hearing.

But Magistrate Banda who maintained that Hichilema would undergo trial before his court said if only the defence had not rushed to file for notice of appeal, the confusion they have caused should have been avoided.

“I advised to rule on your application today and I do not understand why you rushed to file a notice of appeal in the high court when there was an application pending here. I will stand by the ruling and will proceed to trial and I will not consider what happens outside here” said Magistrate Banda.

He set January 14 2013 as a date for commencement of trial.

Former Chipata Central Member of Parliament (MP) Lameck Mangani says electing new office bearers in the MMD will not solve problems being faced by the former ruling party.

Mr Mangani says there is clear indication that the MMD is headed for disaster saying the elections held over the weekend to elect a Provincial Executive Committee in Eastern Province will not prevent the party from sinking further.

He says MMD should have put things in order before electing new office bearers after losing power last year.

He also condemned the MMD for flashing out party members who were assisting to run the party.

Mr Mangani said this in an interview in Chipata yesterday.

On Saturday, MMD acting Eastern Province chairperson Ezekiel Mtonga stepped down while Dorothy Phiri who was Provincial Women’s Chairperson was flashed out by passing a vote of no confidence against her.

Ms Phiri who heavily supported Lunte MP Felix Mutati who was vying for party presidency, was immediately side lined by the party hierarchy in the province after the party convention which saw MMD electing Dr Nevers Mumba as a party president.

Meanwhile, MMD National Secretary Richard Kachingwe says it is sad that some MPs are not visiting their constituencies since being elected.

Major Kachingwe said MPs should be visiting their constituencies because they were representative of the people saying abandoning the electorate who elected them into office was not good.

He also said the former ruling party was still strong in the country and ready to bounce back into government.

Meanwhile, Major Kachingwe said in an interview in Chipata over the weekend that party members in the former ruling party were free to check on opposition MPs serving in the Patriotic Front (PF) Government as Deputy Ministers.

He alleged that some MPs who were serving in Government were doing things in a double standard manner.

“I have noted with dismay that some MPs serving in Government were playing the double standard role because of failing to know which political party elected them into parliament in order for them to serve in Government,” he said.

Major Kachingwe said it was sad that some MPs were failing to visit their constituencies after being voted into office.

He explained that the party had not suffered major defections after its loss adding that the party leadership was working hard to form government.

ZANIS

Chief Registrar of Societies Clement Andeleki has finally spoken out on many of his alleged misdeeds which were published by an online publication, the Zambian Watchdog.

Mr Andeleki who is accused of having forged late former President Levy Mwanawasa’s signature described such reports as malicious, false and meant to dent his name in the minds of right thinking members of society.

He also dispelled reports that he was barred from practicing law in Zambia by the High Court because he allegedly masqueraded as a lawyer and was representing clients in court while he was still a student at the University of Zambia (UNZA).

He said all his alleged misdeeds were perpetrated by persons who feel threatened about his noble service to the country.

Mr Andeleki challenged individuals who doubt his innocence to verify the matter with the Law Association of Zambia (LAZ) and the High Court to check for themselves if he had such a record.

The Chief Registrar of Societies was speaking when he appeared on the Sunday Interview on the Zambia National Broadcasting Corporation (ZNBC) programme which was monitored by ZANIS last night.

And Mr Andeleki said he would not have wasted time to deregister the online publication, the Zambian Watchdog had it been registered under his office.

He alleged that the Zambian Watchdog which was registered with the Patent and Company Registration Authority (PACRA) has been publishing a lot of falsehoods, most of which threatened the security of the country.

He said had the online publication been registered under his jurisdiction, he would not have thought twice about closing down the online publication to protect the millions of Zambians against lies and falsehoods been perpetrated by the online newspaper.

ZANIS

A Belgian national accused of practising homosexuality has pleaded not guilty to the charge of sodomy.

Appearing today before Principal Resident Magistrate Davies Mumba was Pascal Courouble aged 49 and Resident Manager of Stanley Lodge in Livingstone who stood accused of committing sodomy on Coillard Zyangwa contrary to section 155 of the penal code of the laws of Zambia.

Mr Courouble who is represented by his lawyer, Davies Nkausu is alleged to have committed the offence between March 2011 and 21 January 2012.

Meanwhile, Mr Nkausu has applied for bail arguing that although Courouble was not a Zambian he had an established residence and employment.

Mr. Nkausu further defended the application for bail saying the accused had been cooperative from the time the matter was reported to police

“My client has been very corporative with police from the time the matter was reported and he is able to raise sureties who are resident in Livingstone,” pleaded Mr. Nkausu.

Magistrate Mumba has since reserved ruling on bail application for tomorrow and remanded Mr Courouble in custody.

[ZANIS]

Government has engaged a team of experts to study the process of re-introducing mandatory Zambia National Service (ZNS) skills training for school leavers.

Youth and Sport Minister, Chishimba Kambwili said the process of re-introducing the mandatory training would not be rushed as it needed to be handled cautiously.

“We want to avoid doing things hurriedly, that is why we have engaged a team of experts or consultants to help us with the process,” Mr Kambwili said.

The re-introduction of the ZNS mandatory training for youths will start with the 2013 Grade 12 school leavers.

About K100 billion had been allocated for the refurbishment of ZNS infrastructure that would host the youth.

Mr Kambwili said his ministry had already issued a Cabinet memorandum for Cabinet approval.

A team of experts would fine-tune all aspects of re-introducing the ZNS training.

The training was aimed at equipping youths with survival skills.

The programme would not have an intense military component that was undertaken during the UNIP Government.

Trainees would be expected to spend 18 months at the ZNS camps before enrolling for further education in tertiary institutions.

The last crop of school leavers to undergo ZNS training during the UNIP era was in 1980.

Mr Kambwili said youths would receive training in various fields including carpentry, welding, and automotive mechanics.

The minister said the move was aimed at equipping school leavers with various skills to cope with life’s challenges and use them for entrepreneurship.

He said this would assist in addressing unemployment levels in the country.

Mr Kambwili expressed confidence that the skills training programme would act as an empowering tool for the youth across the country.

[Times of Zambia]

Minister of Defence Geoffrey Mwamba says government will not cross paths with the Church because it appreciates the role it plays in developing the country.

Mr Mwamba said the Church has been a worthy social ally for the majority of the population and that it has participated fully in the political development of Zambia over a long period of time.

Mr Mwamba said this in Lusaka yesterday when he officiated at a United Church of Zambia (UCZ) fundraising service where he also donated K100 million to go towards the completion of the construction of a church in Chainda.

Mr Mwamba said the Church, through the three mother bodies, has continued to hold Zambia together for a long time.

“We are happy as government with what UCZ is doing for the people. The church has continued to partner with government in implementing programmes aimed at improving living standards of people in the country,” he said.

Mr Mwamba said he is happy that the project UCZ has embarked on has created jobs for some youths during the construction phase, enabling them to earn an income.The minister said he is also pleased that UCZ has continued to complement government efforts in uplifting people’s living standards through provision of services in the health and education sectors.

Mr Mwamba assured the church of government’s support in its activities aimed at improving people’s living standards.

And in his sermon, UCZ Mount Olive Church of Chongwe Reverend Lordwell Siame urged the people to support the project through financial and material contributions.
He also urged church members and well-wishers not to relent but to ensure that they work hard to successfully complete the church construction project.

Rev. Siame said church members should dedicate their time, energies, and resources towards the project as it is part of worship.
He also assured government that UCZ will continue supporting programmes aimed at uplifting people’s living standards.

[Daily Mail]

Five people are feared dead after part of the earth caved in as they were working on a sewer line in Lusaka’s Ibex Hill area.

The men, who had been engaged by a private contractor, were working on the sewer line on private property when part of the earth collapsed on them while in a ditch.

Scores of curious onlookers rushed to the scene of the accident as the fire brigade struggled to retrieve the five people last evening.

Police spokesperson Elizabeth Kanjela confirmed the incident last night, but could not give further details, saying she was out of the office at the time.

Lusaka Water and Sewerage Company (LWSC) said as concerned stakeholders, it would appeal to relevant authorities such as the Lusaka City Council (LCC) to suspend the works.

LSWC spokesperson, Topsy Sikalinda said there was no public safety guaranteed when carrying out the works on some private properties.

“As stakeholders LWSC will appeal to relevant authorities to have the works suspended because the issue of public safety has been compromised here,” said Mr Sikalinda, who was at the scene of the accident.

By Press time, fire fighters were still trying to retrieve the men after the fatal accident which occurred around 17:30 hours.

The men were working on private property and LWSC was trying to establish the owner.

{Times of Zambia]

“The earth is suspected to have fallen on them and the fire brigade is here trying to retrieve the people,” Mr Sikalinda said.

Two weeks ago, a similar incident happened in the same area.