LUSAKA lawyer Patrick Mvunga yesterday argued that Section 37 of the Anti-Corruption Commission (ACC) Act should be removed because it gives unrestrained power to the court to convict an accused person who has chosen to remain silent in a corruption case.

Maintaining his position that the section was unconstitutional, Professor Mvunga said the decision to amend it was long overdue and the country must seek solace in the Penal Code which had not been severed from the statutes.

In a statement released in Lusaka yesterday, Prof Mvunga, who chaired the 1990 constitutional review commission, said the wording in the Act made the accused person guilty unless he gave a satisfactory explanation to the court.

He said the law was against the general values of delivering fair justice where people were found guilty for them to explain their side of the story.

Prof Mvunga said he objected to the provision because it required the accused to give an explanation on oath and if the accused person remained silent, he would have failed to give the satisfactory explanation.

“In the instance of keeping silent, the effect of the provision is for the court to find the person guilty. This is contrary to Article (18) 7 of the Constitution which states that a person shall not be compelled to give evidence at his trial,” he said.

Prof Mvunga contested that his decision was consistent with the ruling by High Court Judge Dennis Chirwa in a corruption case in 1984 in which he ruled that a person could not be compelled to give evidence on oath if he elected to make an unsworn statement.

Judge Chirwa ruled that an accused person had the choice of remaining silent or saying something and if he chose to say something, he did so on oath or say something by way of an unsworn statement.

[pullquote]“In the instance of keeping silent, the effect of the provision is for the court to find the person guilty. This is contrary to Article (18) 7 of the Constitution which states that a person shall not be compelled to give evidence at his trial,” he said.[/pullquote]

He said to argue its case, the State had stated that article 53 (1) which was now ACC Act (37) was in direct conflict with the Constitution.

Prof Mvunga said Judge Chirwa described the Act as null and void and should be severed from the Act.

This is in a matter involving Thomas Mumba versus the People in the 1984 case when the judge ruled that an accused person should not be compelled to give evidence on oath if he elects to make an unsworn statement.

“This is why I take the position that Section 99 of the Penal Code, Cap 87 on the offence of abuse of authority of office as a better formulation and that in fact, this offence has not been abolished,” Prof Mvunga said.

The Government’s position is that the State should not find innocent people guilty but the prosecution should provide evidence indicating that the accused is guilty as provided for in the Penal Code section 99.

[Times of Zambia]

The Zambian High Commissioner to Swaziland Agness Ngoma has commended Zambians resident in Swaziland for upholding high standards of integrity and their contributions towards the consolidation of bilateral relations between Zambia and Swaziland.

Ms. Ngoma expressed her appreciation that relations between Zambia and Swaziland have continued to grow adding that the Zambian community in that monarch nation has continued to play a critical role in the social and economic development of Swaziland.

This is contained in a press statement made available tho ZANIS by First Secretary Political Zambian High Commissioner to Mozambique Siyambango Siyamba in Lusaka today.

The High Commissioner said Zambians in Swaziland have contributed to that country’s key sectors such as in Health, Education, Agriculture and Sports where a number of them are employed or have invested.

She said this when she officiated at a ceremony marking Zambia’s 46th Independence anniversary held on October 31st at Manzini social club in Swaziland.

The function which was jointly organized by the Zambia High Commissioner and the Association of Zambian Nationals in Swaziland (AZANIS) was attended by more than 200 hundred Zambian nationals who came from various parts of the country.

The function was characterized by various artists from Zambia’s current crop of popular musicians and traditional dancers.

Ms Ngoma noted that the Commission has continued to receive favourable reports about the Zambian community in Swaziland.

The High Commissioner has since appealed to the Zambians to look after their hard earned incomes and in vest wisely both in Swaziland and zambia.

He warned them to guard against people that would want to lure them into ‘quick money making ventures’ that could be illegal and ultimately ruin their lives and tarnish Zambia’s image.

Mr. Siyamba briefed the community on the current economic and political developments in Zambia which he described as stable and favourable and further encouraged them to take keen interest in the electoral process in Zambia so that they participate in the 2011 elections by voting for a government that would meet their aspirations.

He also outlined Zambia’s economic strides particularly in the Agriculture sector where the country has recorded unprecedented maize and wheat surplus.

Mr. Siyamba has since urged the leaders of AZANIS to help market Zambia abroad so as to attract further investment in Agriculture in order to make this year’s independence them ‘consolidating our independence through food security’ a reality.

ZANIS

Government says it attaches great importance to the role church continues to play in the provision of social services to the country..

Information and Broadcasting Services Deputy Minister Angela Cifire said government looks upon the church as a partner in most developmental projects and tackling of social problems affecting the people.

Ms Cifire, who is also Luangeni area MP, said the church has often made tangible efforts in offsetting the many challenges affecting people especially in sectors such as health and education.

She said government requires supplementary efforts from entities like the church, as it cannot on its own manage to provide social services to all its people due to demands from other equally important sectors.

Ms Cifire said there is need therefore for the church to continue working together with President Rupiah Banda’s administration to foster social and economic development for the country.

The Deputy Minister was speaking when she graced the induction ceremony of Rev Benny Mvula as the new Katawa Reformed Church in Zambia (RCZ) congregation pastor in Luangeni constituency of Chipata district yesterday.

Rev Mvula becomes the first permanent pastor to be ordained as pastor for Katawa RCZ congregation for over a decade.

Ms Chifire said government was proud of the RCZ and commended the church for supplementing government’s efforts in the provision of social services especially in the health and education sectors.

And Rev. Mvula said the RCZ church was ready and willing to work with the ruling government in uplifting the living conditions of people across the country.

Rev Mvula said it was the mandate of the church to support the government of the day in fostering social and economic development in communities across the country.

He pledged to support the ruling MMD in the 2011 elections because they were delivering on their promises as seen by the number of developmental projects the government has achieved.

ZANIS

By Lusaka Times Reporter

Zambia National Marketeers Association(ZANAMA) has dismissed claims that it is a hub of cadres and shrives on political inclination. ZANAMA has for sometime been criticized and labeled an unprofessional.

ZANAMA Livingstone Chairperson Joseph Musole said his association will not condone anyone trying to destroy the image of the traders’ union. He said ZANAMA deserves respect from the public especially that it is the biggest employer in the country.

“We are the biggest employer and in our midst are professionals for example I am a chartered accountant myself I have worked for many companies so if I’m in the market it is not a green light for someone to defame me,”he said.

Mr.Musole said ZANAMA is a non-partisan organisation that seeks to support the government of the day.

“Of course we all belong to different political parties and I can tell you that parties are simply groupings but when we come here, this is work and we abide by that,” he said in an agitated voice.

[pullquote]”We are the biggest employer and in our midst are professionals for example I am a chartered accountant myself  I  have worked for many companies so if I’m in the market it is not a green light for someone to defame me,”he said.[/pullquote]

The chairperson was speaking in an interview with a Lusaka Times reporter at Livingstone weigh bridge on Friday.

And ZANAMA Vice Chairperson Steven Mukandawire warned some of the members of his association, who are fond of causing political confusions , of stern action.

Mr.Mukandawire said ZANAMA is a duly registered and professional body that is governed by rules of incorporation.

And during his visit to Southern Province on Friday, President Banda noted that ZANAMA was always there for him. He said he could count on their support and thanked them for the commitment.