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Weekend in Pictures
Regina Chiluba’s Acquittal: Kafunda and the Prosecution’s Fiasco
By Elias Munshya wa Munshya
The Lusaka High Court’s ruling when acquitting Regina Chiluba from the charges she was convicted for is a very significant legal opinion. All Zambians both within the legal profession and outside it should read it and deeply reflect on it. What Justice Hamaundu mentioned in his judgment reflects seriously on the prosecution and indeed on the trial magistrate Charles Kafunda himself. One would wonder why the Zambian prosecution could get this matter so wrong considering that since independence the Zambian prosecution has been charging criminals with the offences of “possessing stolen property” and “theft”. The fact that they failed to even follow routine legal procedures is just despicable to say the least.
First, as observed by the High Court’s panel of three judges, Regina Chiluba’s cases were not properly investigated. You wonder what the prosecution was rushing for. It is rather sad that they charged her with possession or failure to account for property suspected to be stolen when no one had reported the said property stolen. The prosecution simply concluded that since the TV had the words state house embossed on it, it then belonged to State House. They also concluded that since it was bought on State House stationery that provided the prima facie case to charge Regina of possession. But in all this they had missed an important element in theft. One can only be guilty of theft if he has dishonestly appropriated property belonging to another with intention to deprive the other permanently of that property. In this case, no body claimed to have been the original owner of that property and most crucially no one from State House reported the television as stolen. On this point the prosecution failed terribly.
Second, the prosecution failed because they expected Regina Chiluba to give them a reasonable explanation about the properties. In accordance with the ground breaking case of Woolmington v DPP [1935], in criminal matters the burden of proof lies with the prosecution to prove their case beyond reasonable doubt. There is no expectation that the accused should proffer reasonable explanation about the offence she is accused of. There is no way that the prosecution should have reversed the burden of proof back to Mrs. Chiluba. She did not owe the prosecution or indeed the investigators any reasonable explanation at all. An accused person in criminal matters is not expected to volunteer information that may further incriminate them. The prosecution will have to provide their evidence beyond reasonable doubt. Rightly, as noted by Judge Hamaundu it is sad that one of the reasons why she was convicted was that she did not give reasonable explanations. She did not need to. The prosecution cannot hide their inefficiency under the cloud of the defendant’s inconsistent testimony.
Third, the High Court also observed that the investigators’ failure to interview Dr. Frederick Chiluba or even summon him as a witness to have been a very weak legal judgment. The prosecution alleged that Regina got stolen money and a television set from Dr. Frederick Chiluba. But they did not interview this Chiluba, and neither did they charge him with stealing those very properties. It is not that, Chiluba was outside their jurisdiction. It is not even that Chiluba refused to cooperate with them. They just decided to ignore him. And seriously, the consequence of that ignoring has come to haunt the prosecution. This was badly prepared case and it failed from the moment that they charged Regina with receiving stolen property. The prosecution should have known better. The offence of theft and possession or handling of stolen goods is perhaps the most common offence before our magistrate courts today. The prosecution has been handling these cases since independence. How did they fail to cover that loophole?
Fourth, Magistrate Charles Kafunda is seriously indicted in the High Court’s opinion as well. The High Court ruled that there was no prima facie case in the first place, against Regina and as such she did not even need to be put on defence. We could have given Kafunda a benefit of doubt if at all the High Court’s acquittal was simply based on a legal technicality. But here there is no legal technicality. The High Court is clear; there was no need to proceed in the first place. Undoubtedly, Kafunda could have saved himself this legal embarrassment. If Kafunda had any doubt in his mind about the prosecution’s case that should have worked to the accused’s favour. But the question still remains, why did Magistrate Kafunda go on to put Regina on defence and in fact go ahead to convict her, when the prosecution’s case was so weak?
On the acquittal there are those who feel that the invisible hands of the State may have played a part in the acquittal of Regina Chiluba. But with a case so blatantly inadequate there can only be one conclusion. Regina Chiluba was acquitted because she was innocent of those charges right from the start. The prosecution failed in all these steps because Regina may have been innocent. But for now the learned judge Magistrate Kafunda will have to do a little bit more growing in his legal skills. For now this case shows that he still needs a little more time!
Mpulungu livestock officials probe suspected animal disease
Livestock officials in Mpulungu have launched investigations into a possible presence of foot-and-mouth disease in the district.
Mpulungu District fisheries officer, Lloyd Hambiya said in an interview that two cattle recently died and after being examined, they were found with symptoms suggesting the presence of foot-and-mouth disease in the area.
Mr. Hambiya said samples from the dead animals had since been sent to Bamora Laboratory in Lusaka for further examination.
“There is also need for resource mobilisation because if investigations prove that we have this disease, stringent measures have to be put in place to fight it,” he said.
He said the disease was highly contagious, dangerous and capable of wiping out all the cattle in the district.
Mr Hambiya said the department of livestock had stopped the movement of animals and meat products from the district to other areas to stop the possible spread of the suspected disease.
The other animals at risk of attack from foot and mouth disease, apart from cattle, are goats and sheep.
[ ZANIS ]
School leaver in court over truck driver’s murder
A nineteen- year-old school leaver of Ndola yesterday appeared in the Ndola High Court for the murder of a truck driver.
Mwenda Kalala appeared before Ndola High Court Judge Petronella Ngulube for plea in a case in which he has been charged with the murder of Donald Saizi.
Particulars of the offence are that between April 6 and April 7 this year in Ndola, Kalala murdered Donald Saizi.
He pleaded not guilty to the charge.
Ms Justice Ngulube said she had recorded a plea of not guilty and adjourned the case to December 22 for trial.
In the same court, a 32-year-old technician of Ndola pleaded not guilty to a charge of murder.
Charles Kabembo of 3001, New Mushili Township, was charged with the murder of Miriam Kasuka.
Particulars of the offence are that Kabembo on September 30 this year murdered Miriam Kasuka.
Ms. Justice Ngulube adjourned the matter to December 17 for commencement of trial.
Earlier, Ndola Remand Prison officer-in-charge Joseph Masengo told the court in his jail delivery that the situation in all Copperbelt prisons in terms of security and food was normal.
He said all the jails in the Copperbelt had 3,517 inmates.
Meanwhile, a Luanshya-based police officer has appealed to the Supreme Court against his High Court conviction of aiding a prisoner to escape.
Peter Chongo, 37, a police officer in Luanshya, appealed to the Supreme Court bench consisting of Chief Justice Ernest Sakala and Supreme Court justices Marvin Mwanamwambwa and Elizabeth Muyovwe against his conviction of helping a prisoner to escape.
Particulars of the offence are that on May 5 in 2005 in Luanshya, Chongo aided Julius Silungwe, a prisoner who was facing a charge of forgery, to escape from Luanshya Central police cells.
Chongo was initially charged with two other police officers who were acquitted.
He was given a two-year suspended sentence.
In his appeal, Chongo said, through principal legal aid counsel Nzovwa Chomba, that the trial judge convicted his client based on circumstantial evidence.
Mr Chomba said Chongo was not present at the time Silungwe escaped at about 16:50 hours.
He said Silungwe escaped after Chongo had done his hand-over of the prisoners at 16:00 hours.
Mr Justice Sakala said judgment was reserved to a date to be communicated.
[ Times of Zambia ]
World Bank Chief to visit Zambia
World Bank Group president Robert Zoellick is expected in the country this Thursday on a two day visit.
Mr. Zoellick’s visit to Zambia will focus on ways of enhancing Zambia’s competitiveness in sustaining economic growth through the strengthening of sectors such as Agriculture, infrastructure, mining and health.
During his visit Mr. Zoellick’s is also expected to sign an agreement for additional financial support to Zambia Malaria Booster Programme.
Mr. Zoellick’s is expected to meet President RUPIAH BANDA, Members of Parliament, the Private Sector and the Civil Society.
This is according to a statement released to ZNBC News by World Bank Country Manager Kapil Kapoor
Mr. Kapoor said Mr. Zoellick’s visit comes at a time when Zambia has achieved significant political and economic progress.
Mr. Zoellick’s would be accompanied to Zambia by World Bank African Region Vice President Obiagel Ezekwesili and other senior officials.
This will be the first visit to Zambia by a President of the World Bank
The Wold Bank Chief would travel to Mali for the second leg of his trip.
Illegal mining of natural resources worrying
Vice President George Kunda says illegal exploitation of natural resources has contributed to prolonged wars in the Great Lakes region.
Mr. Kunda said the International Conference on the Great Lakes Region -ICGLR- has observed the illegal development hence the need to take urgent action.
The Vice President said dialogue and consultations for harmonization of police and strategies among member’s countries in the region are welcome.
Mr. Kunda was speaking when he officially opened the regional inter-ministerial meeting of the ICGLR in Lusaka.
He said that the ICGLR protocol against illegal exploitation of natural resources forms part of the pact which was signed by the eleven Heads of state on 15th December 2006.
And German Ambassador to Zambia Frank Meyake said German has allocated Seven Million Euros to the ICGLR, which will cover capacity building as well as hardware in the field of certification and traceability.
Meanwhile ICGLR Executive Secretary Ambassador Liberata Mulamula urged the Ministers to ensure that the aims of member states are achieved.
The ICGLR Heads of States summit will take place in Lusaka on Wednesday December 15th.
About Eleven Heads of States are expected to attend the summit.
Residents find naked ‘wizard’ in the compound
The Police discharged a man who was arrested on suspicion of witchcraft when he was found naked in a backyard at one of the houses in Livingstone’s Dambwa Central Compound last week. Eyewitnesses said the man who happened to be a stranger was discovered nude in the early hours of the morning at a certain House in the DB Section of the compound. Some Dambwa residents eventually started beating up the man while others demanded that he gets burnt with a tyre around his neck.
The residents claimed that the man was coming from Mulobezi using superstitious powers to fly all the way and consequently crash-landed. The uncompromising residents where positive that the man has been flying using a ‘juju’ Plane and eventually ran out of fuel commonly understood to be human blood. The elderly man, in his early sixties, was briefly manhandled by a multitude of residents before he was rushed to Dambwa Police Station.
A crew of scribes that rushed to the Police Post only found a crowd of people gathered outside the station mumbling among themselves as to why the Police released the man believed to be a wizard. Dambwa Central Police Officer-In-Charge, Gregory Sibajene could not comment whether the man was still in custody as his office was locked and his Phone was off but a source close to the Police Station confirmed that the man was detained for almost an hour and released later.
The source further disclosed that when questioned by Police, the man could not utter sensible words except that he stays in Mulobezi. The Police failed to figure out what his mission was in Livingstone as he said incoherent. Southern Province Commanding Officer, Lemmy Kajoba said the man was released on grounds of mental illness. Mr.Kajoba said many details could not be extracted from him since he was ill and had no case to answer.
Weekend Scorecard
Zambia may have been long gone and ejected from the Cecafa Senior Challenge Cup last week at the quarterfinal stage but there was at least something for one player to smile about on Sunday.
Felix Sunzu was awarded the top scorers award in absentia after his five goal feat at this year’s tournament that came to an end in Tanzania on Sunday that the hosts won 1-0 after beating Cote d’Ivoire in the final in Dar-es-Salaam.
Sunzu scored four goals alone in Zambia’s 6-0 demolition of Somalia in their final Group A match on December 3 before getting Chipolopolo’s consolation goal in the teams 2-1 quarterfinal loss to Ethiopia on December 7.
The award however does not carry any cash prize.
Meanwhile in other news, former Zambia coach Herve Renard is reported to have finally secured a deal in Egypt but not with Al Ahly.
According to Ahram Online, Renard is set to have signed a six-month with Egyptian mid-table side Masry starting January 1.
Faz Super Division
12/12/2010
Week 29
Choma Eagles 1(Fabrice Kanda 23″ og)- Zanaco 0
Power Dynamos 4(Kennedy Mudenda 30″ 70″, Simon Bwalya 56″, Luka Lungu 74″)- Nkwazi 0
10/12/2010
Week 21
Zanaco 1(Mathews Macha 74″)- Red Arrows 0
08/12/2010
Week 19
Zanaco 1 (Mathew Macha goal 72″)- Green Buffaloes 0
Germany satisfied with Zambia’s progress towards the MDG
Germany Government has expressed satisfaction on Zambia’s progress towards the attainment of the Millennium Development Goals (MDGs) in the water development and tourism sector by 2015.
Germany Minister of Economic Cooperation and Development, Dirk Niebel said his Government looks forward to enhance its bilateral relationship with the Zambian Government to foster development in the country.
Mr.Niebel, who visited some of the water development and wildlife conservation projects that are funded by Germany disclosed this in Livingstone over the weekend before departure back home.
Currently Germany has helped to finance the Water Kiosk in Ngwenya Compound at the cost of 80 Euros (K42Million).
Mr.Niebel has officially commissioned the Ngwenya Water kiosk, which is in operation and is servicing 200 households within the compound.
Germany’s grant to the water sector so far amounts to 30million Euros(K180million).
Through the Germany Development Cooperation (GDC), the Deutsch Government aided the construction of a new water treatment plant at Southern Water And Sewerage Company (SWASCO) Southern Regional Office in Livingstone and aided the baseline finance of the Kasavango-Zambezi Trans frontier Conservation Area (KAZA-TFCA) project site.
The KAZA-TFCA project is an initiative aimed at reducing barriers on the movement of tourists across the borders and removing the animal boundary in wildlife conservation areas among the five member countries (Zambia, Angola, Namibia, Zimbabwe, and Botswana) commonly those lying between the Kavango and Zambezi rivers.
Shortly after the tour, Minister Niebel, who was accompanied by 40 delegates consisting of Parliamentarians and Business people said his team is happy with the progress done on the projects and said the country has shown positive strides in the MDGs on water.
He said Zambia is a growing giant that has gained recognition from super powers because of its notably growing economy.
And SWASCO Board Chairperson, Solomon Muzyamba said Germany has helped the water utility company to improve its performance.
He said SWASCO was in a state of dilapidation before the Germany Government decided to salvage the situation.
Mr.Muzyamba said recently National Water and Sanitation Council (NWASCO) ranked SWASCO best performing water utility company for 2010.
He thanked the Government of Germany for its continued cooperation to the sector.
Zambia requires about 90million Euros (K4.5Bn) to be pumped into the water sector annually in order to attain the MDGs on water in which 80
per cent of people are targeted to have access to clean water.
Government to align academic programes
Science and Technology Minister, Peter Daka says government is finalising a document that will align and interlink academic programmes under his ministry to the University of Zambia.
This will enable applicants from colleges under the Ministry of Science and Technology to be exempted from taking on some courses at the University of Zambia.
Speaking to ZNBC in an interview in Petauke, Mr Daka said his ministry has been working closely with the Ministry of Education in drafting the document, dubbed Zero Entropy.
And Mr. Daka has disclosed that plans are underway to convert the Evelyn Hone College in Lusaka into a public university.
He said a number of diploma programmes at Evelyn Hone College college need to be upgraded to degree level.
ZNBC
Lusaka Residents in flood prone areas urged to evacuate
The Disaster Management and Mitigation Unit (DMMU) has called on Lusaka residents living in flood prone areas such as Misisi, Chawama and Kuku compounds to consider evacuating to safe places before the rains become tense.
DMMU National Coordinator Domiciano Mulenga said although mitigation measures have been put in place by his office, people should not feel comfortable to live in such places as they cannot fully determine the amount of rainfall expected this rainy season.
Mr. Mulenga said DMMU and other stakeholders such as political players have played their role in disaster mitigation and called on people to heed to their advice of evacuating to places that are not prone to floods.
He explained that government has inadequate resources to embark on a repatriation exercise hence the need for residents to help government by moving to safer places before the rains become torrential.
Mr. Mulenga told ZANIS in an interview in Lusaka that government is aware that most houses in flood prone areas are rented houses adding that people can rent elsewhere than sticking in the same places.
Mr. Mulenga has meanwhile thanked the Road Development Agency (RDA), Rural Road Unit (RRU) the Zambia Army and the Lusaka Water and Sewerage Company among other stakeholders for their corporation and support to calamities.
He said it is only through concerted efforts by various players that issues to do with calamities can be won in the country.
Last week the DMMU disclosed that they have put in place various mitigation measures to curb floods not only in Lusaka but the country as a whole.
Last year government evacuated about 177 flood affected families to the independence stadium following torrential rains that hit the country.
ZANIS
‘Zambians are tired of unrealistic pronouncements’ – CDP
The Citizens Democratic Party (CDP) has charged that Zambians are tired of academic pronouncements that don’t relate with poverty reduction.
CDP interim chairperson Robert Mwanza said government has continued to state economic figures that don’t relate with the poverty reduction levels.
He added that the Zambian government has continued to boast of the economy growth and yet little is being done to alleviate poverty in the country.
Mr. Mwanza has since called on government to invest more in the agriculture sector to increase the agro sector.
He said that once that has been done, poverty in levels in the country would reduce further.
Mr. Mwanza stated in an interview that it is high time that the local industries in the country are empowered economically.
[ QFM ]
The Last week in Pictures
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Power Dynamos Beat Nkwazi
Power Dynamos returned to league action for the first time since the three-week boycott ended on December with a resounding home win over Nkwazi at Arthur Davies Stadium in Kitwe.
Power thumped Nkwazi 4-0 in their week 29 match sanctioned by the Andrew Kamanga executive to defy Football House’s warning that the fixtures were illegal.
A Kennedy Mudenda brace and a goal each by Simon Bwalya and Luka Lungu handed Power their win.
Meanwhile in Maamba, Zanaco suffered their first defeat in two matches since the league resumed on Wednesday.
Zanaco went down 1-0 away to Choma Eagles thanks to a Fabrice Kanda own-goal in the 35th minute.
Zanaco came into the match on the back of similar 1-0 wins over Green Buffaloes and Red Arrows on Wednesday and Friday respectively.
The two games were the only Week 29 games that were played this weekend.
Not Played:
Konkola Blades-Red Arrows
Green Buffaloes-Nkana
Kabwe Warriors- Roan United
National Assembly- Forest Rangers
Zesco United-City of Lusaka
Choma Eagles -Zanaco
Zambia Retain Cosafa U20 Title
Zambia bet Namibia 4-1 today to retain their Cosafa Youth Championship crown in Gaborone.
A brace from Chakwa Lungu in the first half set the tone for Zambia in the final match played at the University of Botswana stadium in Gaborone today.
Lungu opened scores in the 11th minute and completed his brace three minutes later while team mate Rodrick Kabwe in the 44th minute.
Lewis Macha made it 4-0 after finishing off rebounding free-kick in the 63 minute.
Namibia’s consolation goal came in the 84th minute through Ikwaterua Tjozongoro.
Meanwhile, Zimbabwe took bronze after defeating Madagascar 3-1 in the curtain-raiser played at the same venue.