The Ndola High Court has sentenced a 41-year-old woman of Luanshya to death for killing her husband with a pounding stick.

Supreme Court Judge Muyinda Wanki sitting as Ndola High Court judge sentenced Jennifer Chipasha, a trader of 141/22 Mpatamato Township to death after he convicted her of murder.

Facts of the case are that Chipasha on June 12 last year in Luanshya murdered her husband of 24 years, Timothy Mwansa.
When delivering judgment, Mr Justice Wanki said according to the evidence in court, Chipasha and the deceased had six children and had conducted business together.

They had two houses, one in which they lived while the other was for storing the merchandise that they were selling.

On May 25 last year, Chipasha gave her husband K20 million to travel to Nakonde and buy beans and groundnuts.

She warned her husband that he should use the money wisely bearing in mind that there were school fees to pay and warned him against using any of it on alcohol.

The day before he died, the children informed Chipasha that their father had returned and when Chipasha went to see the merchandise he had bought from Nakonde, she found that it was only rice and beans worth K1.5 million.
[pullquote]“No one saw the accused beating her husband with a pounding stick but she has been linked to the offence by circumstantial evidence which shows that she was not happy with the way her husband handled the money and that she told numerous people that she was going to kill him with a pounding stick once she found him,” he said.[/pullquote]
That incensed Chipasha who started looking for her husband in bars he patronised and informed a number of people that she was going to kill him with the pounding stick once she got hold of him.

Later in the night, around 23:00 hours, Chipasha finally found her husband at their house where they stored their merchandise.

He was in the bathroom and she pushed the bathroom door open and injured him. They left for their other house and in the morning, he was bleeding and later died.

In his judgment, Mr Justice Wanki said the prosecution had proved that the deceased was beaten by a pounding stick resulting in injuries that killed him.

“No one saw the accused beating her husband with a pounding stick but she has been linked to the offence by circumstantial evidence which shows that she was not happy with the way her husband handled the money and that she told numerous people that she was going to kill him with a pounding stick once she found him,” he said.

Mr Justice Wanki said Chipasha was the last person to be seen with the deceased.

He said it was difficult to believe her story that he fell when she pushed open the bathroom door because injuries he sustained could not result from a fall.

In mitigation, defence counsel Kelvin Msoni said Chipasha was a first offender and that some of her children were young and required parental care.

He said Chipasha loved her husband and regrets having caused his death which was punishment enough.
Mr Msoni urged the court to consider the extenuating circumstances and mete out a lesser punishment than death.

He said Chipasha was a resident of Mapatamato Township where words that insinuated killing were said on a daily basis and never meant to actually kill anyone.

Mr Justice Wanki said he had listened to the mitigation but did not find from the evidence any extenuating circumstances.
[ Times of Zambia ]

THE Committee of Citizens has lashed out at Transparency International Zambia (TIZ) president Reuben Lifuka and SACCORD information officer, Obby Chibuluma for criticising President Rupiah Banda over the acquittal of Regina Chiluba.

Citizens Committee executive director, Gregory Chifire said the committee was saddened by statements attributed to Mr Lifuka and Mr Chibuluma that the acquittal of Mrs Chiluba was because of the good relationship between Dr Chiluba and President Banda.

The TIZ president and Mr Chibuluma were yesterday quoted in some sections of the media as saying the acquittal by the Lusaka High Court of second Republican president’s wife was as a result of the close relationship between the former president and President Banda.

“Their assertions that Mrs Chiluba’s acquittal is because of the warm relations between President Banda and Dr Chiluba are dangerous. The panel of High Court judges looked at the charges, evidence and facts, and made their findings based on these issues,” he said.

Mr Chifire said as interested groups, the TIZ and the SACCORD should help the country by issuing statements that were factual and without undermining public institutions such as the judiciary.

He said his organisation welcomed the decision by the High Court to overturn the judgment of the lower court that had sentenced Mrs Chiluba to three years in prison.

“We wish the nation will finally put behind the issues relating to Dr Chiluba and allow him to enjoy a peaceful retirement,” he said.

The Lusaka High Court on Tuesday acquitted Mrs Chiluba on grounds that the lower court erred in law to convict her.

Justice Hamaundu said the lower court should have acquitted her on all counts and the appeal against the sentence would be academic.
[pullquote]“We wish the nation will finally put behind the issues relating to Dr Chiluba and allow him to enjoy a peaceful retirement,” he said.[/pullquote]

Justice Hamaundu said the moment the prosecution adduced evidence pointing to Dr Chiluba as being the source of the other money, which could not be accounted for by the appellant’s business then the suspicion that the appellant had stolen or unlawfully obtained the extra money, was effectively removed.

The judge said this evidence, therefore, destroyed a key ingredient required to establish a prima facie case for the offence of being in possession of property reasonably suspected to have been stolen or unlawfully obtained.

“Had the court below been alive to the effect of that evidence, it would have noted that a key ingredient to establishing a prima facie case was missing. Therefore, at the close of the prosecution’s case, the court below ought not to have called the appellant to explain how and from where she got the money.

“It was open to the court, at that stage, to consider whether or not the evidence adduced did disclose another offence. The court was empowered under Section 213 of the Criminal Procedure Code (CPC) to do so,” he said.

Mr Justice Hamaundu said if that was the position the court would have ordered an amendment of the charge to that offence and taken a fresh plea from the appellant and allowed the appellant to recall any witness.

“In our view, only one other offence could possibly have been disclosed by the evidence before the court below, namely, receiving money from Dr Chiluba knowing or having reason to believe that Dr Chiluba had feloniously stolen or obtained it. However, no attempt was made by the prosecution to show that Dr Chiluba had stolen or unlawfully obtained that money,” said Mr Justice Hamaundu.

On the last count where the appellant is alleged to have received the television set from Dr Chiluba knowing or having reason to believe the same to have been feloniously stolen or obtained.

The judge said the law stated that “Any person who receives or retains any chattel, money valuable security or other property whatsoever, knowing or having reason to believe the same to have been feloniously stolen, is guilty of a felony and liable to imprisonment for seven years, the prosecution had to prove that Dr Chiluba stole or unlawfully obtained the television set.

The court below found that the television set was ordered by State House and that upon its arrival, Dr Chiluba gave it to the appellant and that the court clearly misapprehended the facts relating to the television and did not address the important legal requirement for the prosecution to prove the ingredients of the offence beyond reasonable doubt.

“We have considered the evidence on record and are of the view that there was no proof at all that the television set was feloniously stolen from State House by Dr Chiluba because, in this case, no prior complaint had been lodged by State House or Government that a television set destined for State House had gone missing,” he said.

He said the investigators, stumbled on documents which showed that the television set which was in the appellant’s possession had possibly belonged to State House and that even after the investigators had come across the television set, no one from the Government came forward to file a formal complaint and proved that the television set was ordered and intended for State House.

He said considering that the appellant had given an explanation as to how the television set came to be in her possession, there was need for the prosecution’s evidence to have something more than just those documents.

“Consequently, the findings of the court below were not supported by the weight of the evidence on this charge, as regards the ingredient the appellant knew that the television set was stolen or feloniously obtained, the appellant could not have suspected that the television set might have been stolen because she directly dealt with the supplier of the television set a Mr Tampiyappa and paid the television set with the money given to her by the former president who used to reside at State House.

“Under the circumstances, there was nothing unusual about the television set having been sent to State House. Mrs Chiluba could not have suspected the television set which was not even marked with letters ‘GRZ’ probably belonged to the Government of Zambia, her explanation was not rebutted, the lower court misdirected itself when it rejected the appellant’s explanation as to how she came into possession of the television set when in fact her explanation might have reasonably been true,” said the judge.

This was in a case in which Mrs Chiluba was facing three counts of failing to account for properties involving US$188,000 suspected to have been stolen or unlawfully obtained, one count of failing to account for a motor vehicle in her possession, receiving a Toshiba 61 inch colour television set suspected to have been feloniously stolen or obtained and failing to account for cash amounting to K474 million suspected to have been stolen.

Meanwhile, some relatives of Dr Chiluba have said God has redeemed the former head of State and his wife Regina.

Speaking on behalf of Ndola-based relatives, Joshua Mubanga said the relatives and family friends of the former president had for a long time been praying to God to reveal the truth on all the charges which were levelled against Dr Chiluba and his wife.

“We thank God for answering our prayers and for setting free the former first family from a difficult and trying time,” Mr Mubanga, who is Dr Chiluba’s uncle, said.
[ Times of Zambia ]

The president has since assured the nation that the amendment of the Act had ensured that the fight against corruption had been strengthened.

Mr Banda said in a speech read for him by Vice-President George Kunda that section 38 of the ACC Act now covered everyone both from the public and the private sector as opposed to section 37 which only targeted civil servants.

“There are no sacred cows in the fight against corruption and as we fight corruption, we also do soul-searching of ourselves,” he said.

He said if a member of the civil society pays a civil servant to steal a document which is later given to a newspaper then that would be fighting corruption using corruption.

He said what the Government had done was to harmonise the laws and that they were now up to international practice because when amending Section 37 of the ACC Act research was conducted and it was not different from what obtains in Britain and other countries.

President Banda said Zambia was also making arrangements for the pending United Nations Convention Against Corruption (UNCAC) peer review mechanism and that Transparency International Zambia was involved in the process.

He said in line with UNCAC, the country had launched the National Anti-Corruption Policy (NACP) to coordinate the corruption fight and at the same time a national steering committee chaired by the secretary to the Cabinet had been put in place to oversee the implementation.

To achieve the desired results, it would require that all Zambians took interest in anti-corruption work and support various institutions and individuals involved in the implementation of the NACP.

He said the institutionalising of the fight against corruption through integrity committees was a sign of Government’s desire to eliminate corruption through promotion of transparency and accountability leading to improved public service delivery.

Mr Banda said integrity committees had been set up at 17 institutions and were not limited to public institutions but it had been extended to private companies such as Konkola Copper Mines.

He said in 2008, the Government launched the public service code of ethics to instill professionalism in the public service while the Millennium Challenge Corporation report indicated that Zambia had made progress in controlling corruption.

The progress had been assessed as having improved from 71 per cent in 2009 and 74 per cent in 2010 to 77 per cent in 2011 although there was more work to be done.

Because political support was crucial to the fight against corruption the Government would continue to strengthen the ACC and other governance institutions in order to meet the UNCAC demands.

He said the Government had strengthened the Prohibition and Prevention of Money Laundering Act and had also enacted the forfeiture of proceeds of Crime Act to enhance the recovery of stolen public resources.

ACC director general Godfrey Kayukwa said the commission was satisfied there were now sufficient legal provisions to deal with public officials, private individuals and corporate bodies that engaged in corrupt practices.

Colonel Kayukwa said the fight against corruption required the involvement of head of State, senior Government officials and the people including civil society organizations.

United Nations Development Programme country director Viola Morgan said that corruption was a scourge that should be addressed because it affected fundamentals upon which the nation was built.

Meanwhile, ACC Copperbelt regional manager, Trevor Nyoni has called for concerted effort from all stakeholders in the fight against corruption.

Mr Nyoni said following Government’s launch of the implementation plan of the national anti-corruption policy which aims to harmonise strategies in the fight against corruption, there was need for participation of all stakeholders in its implementation in order to realise the desired results.

He was speaking in Kitwe yesterday during the commemoration of the International Anti-Corruption Day activities that were conducted in various localities of the city.
( Times of Zambia ]

President Rupiah Banda has with immediate effect revoked the appointment of Chrispin Musosha as Deputy Minister of Education in a move aimed at instilling discipline in both Government and the ruling party.

The President said he has decided to relieve Musosha of his duties because of indiscipline and causing wrangles in Government and the ruling Movement for Multiparty Democracy (MMD) in Luapula Province.

President Banda said discipline in his Government was paramount and that all Ministers, Deputy Ministers, Members of Parliament, and party officials should at all cost adhere to good conduct.
[pullquote]” It does not make political sense for Ministers or Deputy Ministers who live in Lusaka to try and aspire to be in Provincial Executive Committees when they do not ordinarily reside in those areas,” Mr Banda said [/pullquote]
He said it is his wish that power should be shared between Ministers, Deputy Ministers, and ordinary party officials.

The President explained that people holding Ministerial and Deputy Ministerial positions should try and allow ordinary MMD members to aspire and hold senior party positions at various levels during the forthcoming provincial conferences.

” It does not make political sense for Ministers or Deputy Ministers who live in Lusaka to try and aspire to be in Provincial Executive Committees when they do not ordinarily reside in those areas,” Mr Banda said

He said leader in MMD should also allow local people in provinces to run the party.

President Banda has since transferred Luapula Province Minister Boniface Kawimbe, to the Ministry of Education where he would take over from Musosha whose appointment has been revoked.

Mr. Banda has also appointed Bahati Patriotic Front (PF) Member of Parliament, Besa Chimbaka as new Luapula Province Minister replacing Dr. Kawimbe.

This is contained in a statement made available to qfm by State House Assistant for Press and Public Relations Dickson Jere.
[ QFM ]

The toughest job in the world -a new report details role of women farmers. 80 per cent of the food consumed in Zambia is produced by women.

At the same time, women own or control a small percentage of the land and only receive a tenth of all credits. Agricultural extension workers – usually male spend most of their time providing advice to other men. Women are underrepresented in the farmers own organisations. In short, women farmers lack power and influence.

“If the situation for women in agriculture does not improve, we will never achieve the Millennium Development Goal of reducing poverty and hunger by half” , says Anna Tibblin, Regional Director of Swedish Cooperative Centre, based in Zambia.

In order to reduce poverty, investments must be made in women farmers. This includes increased control of arable land and access to legal expertise. Evidence also shows that the use of female extension workers is an effective way to increase women farmers’ knowledge.

The new report The toughest job in the world reveals that 700 million women farmers’ and their daughters’ are living in poverty worldwide. The report has been produced by the Swedish Cooperative Centre (SCC) to highlight the challenges at hand.

Launch of the report:

The toughest job in the world

Date:

Friday, 10 December

Time:

15.00-17.00 hrs

Venue:

Arcades shopping centre, in front of the cinema

The report can be downloaded at:

http://www.sccportal.org/africa

Female farmers will share their experiences, traditional food will be served and participants will discuss how they are working to make the toughest job in the world more reasonable.

Organisers:

Swedish Cooperative Centre, Zambia National Farmers Union, Organic Producers and Processors Association of Zambia, Cotton Association of Zambia,Honey Council of Zambia

A MAN in his seventies has withdrawn his appeal to the Supreme Court against his conviction of defilement and the 15-year-sentence slapped on him by the Lusaka High Court for sexually molesting and impreganting his 14-year-old granddaughter.

James Mwale of Misisi Township in Lusaka on Tuesday withdrew his appeal to the Supreme Court bench consisting of Deputy Chief Justice Ireen Mambilima and Supreme Court justices Lombe Chibesakunda and Muyinda Wanki who sat in Ndola.

Mwale was convicted for defilement and given a 15-year sentence by the Lusaka High Court in 2009.
Facts of the case were that Mwale, between June 1, 2006 and July 31, 2007, in Lusaka had sex with his teenage granddaughter.

He was tried in the Lusaka magistrates’ court and convicted of the offence after which he was referred to the Lusaka High Court for sentencing.

It was on record that Mwale had informed the magistrate court that he had slept with his granddaughter because it was in his tradition, as a Tumbuka of Lundazi to have sex with grandchildren as a way to prepare them for marriage.

His wife, the victim’s grandmother also said it was in their tradition to surrender girls to their elders as a way to prepare them for marriage.

The girl was at the time living with her grandparents after they collected her from Lundazi when her parents died.
She was in Grade six at the time of the defilement and she eventually gave birth to a baby boy.

When the appeal came up on Tuesday, his lawyer, principal Legal Aid counsel, Nzovwa Chomba said he had instructions from his client to withdraw the appeal.

Ms Justice Mambilima said it was good for Mwale that he had decided to withdraw the appeal because her bench could have revised the sentence to give him stiffer punishment.

Meanwhile, the Chipata magistrate court has acquitted former acting Chipata Town Clerk Ronald Daka and two other senior council employees of five counts of theft by servant including money laundering charges.

The three senior employees were arrested by the Drug Enforcement Commission in 2003 for allegedly abusing more than K100 million provided by the Zambia Social Investment Funds and the UNICEF.
[ Times of Zambia ]

A Thirty-nine-year-old man of Chingola has died after a sawmill blade snapped and split his head into two parts.
Copperbelt Province police chief, Martin Malama confirmed the incident yesterday and named the deceased as Marvin Chisanga of house number 29 Mwata Road in Kapisha Township.

Dr Malama said before the accident, the deceased, who was a carpenter, was around 17:30 hours working at Kankoko Carpentry Workshop when the incident happened.

He said the blade snapped while he was working and waged towards his head cutting it into two and left him dead instantly.

“The deceased died on the spot and his body was taken to a local hospital
mortuary awaiting burial,” he said.

In another incident, an unidentified man has died after being involved in a
hit-and-run road traffic accident that occurred around Masangano area just after
Fisenge Stream in Ndola rural.
[pullquote]“The deceased died on the spot and his body was taken to a local hospital
mortuary awaiting burial,” he said.[/pullquote]
Dr Malama said the deceased, aged between 25 and 30 years, was hit by an unknown motor vehicle around midnight on Tuesday and his body was found in a mutilated state.
[ Times of Zambia ]

The Government is determined to deliver a people-driven Constitution and will not deviate from the set roadmap to satisfy narrow and selfish interests, chief Government spokesperson Ronnie Shikapwasha has said.

Lieutenant General Shikapwasha said yesterday that the ongoing constitution making process had been transparent, broad-based and participatory.

He said that could be seen in the mandate and composition of the Constitution Review Commission (CRC) chaired by lawyer and economist Willa Mung’omba which had members from all sectors of society such as the Church, trade unions, politicians, youths, traditional rulers, lawyers, the media, farmers, civil society and others.

He said in a statement that during its three-year tenure, the 41 member CRC went to all the 150 parliamentary constituencies throughout the country and received submissions from the people on the Constitution they wanted.

Unlike in previous undertakings, the Government made legal adjustments to provide for the CRC report and the draft Constitution to be released simultaneously to the Government and the public.

The minister said consistent with the recommendation by the Mung’omba commission, the National Constitutional Conference (NCC) was put in place through an Act of Parliament.

He said the NCC comprising more than 500 members representing interests of society spent three years of extensive deliberations on the Mung’omba draft Constitution until August this year when it wound up its work and submitted its report and draft Constitution to the Government.

He said from this background, it was clear that President Banda’s Government had been focused on delivering a durable and people-driven Constitution through a transparent, participatory and democratic process.

He said it was, therefore, misleading for Civil Society for Poverty Reduction to choose to drag President Banda into the 50 per cent plus one issue because it was referred to the referendum after a two-third majority could not be reached during the NCC deliberations.

He said the issue had nothing to do with President Banda as it was a decision taken by the NCC in accordance with its set rules and procedures.
[ Times of Zambia ]

Education Deputy Minister Clement Sinyinda says examination malpractices continue to threaten the quality of education in Zambia.

And Mr Sinyinda has called for strict supervision in schools, to curb examination malpractices by students and teachers.

Mr Sinyinda says teachers who fail to teach their pupils adequately, are tempted to engage in examination malpractices.

Mr Sinyinda was speaking during the Education Sector Research Symposium in LUSAKA.

The symposium aims at examining how research can contribute to improving quality education.

And Examinations Council of Zambia Assistant Director for Research Joe Kanyika said examination malpractices have continued to be a challenge in the delivery of quality education.
[ ZNBC ]