UNITED Party for National Development (UPND) president Hakainde Hichilema yesterday appeared in the High Court for contempt of court following allegations that he sold plots that had been contested through a court injunction.

Mr Hichilema appeared together with Lusaka lawyer Mubambe Muchende for allegedly selling the plots before the injunction filed by a Lusaka business executive was passed.

This is in a case in which Zlatko Vidmar has sued the two for allegedly selling land against a court injunction that restrained them from doing so until the matter was rested.

When the case came up before Judge Florence Lengalenga for continued cross examination, Mr Vidmar’s lawyer Mambwe Chipanzhya applied to the court to allow the plaintiff produce recently discovered evidence, which he said would have a material effect on the court’s decision.

Mr Mambwe said on November 3, 2010 his client filed in a notice to produce the documents that was duly served and acknowledged by the defendants.

He said no prejudice would be occasioned to Mr Hichilema and Mr Muchende because Mr Vidmar will still be cross-examined on the same documents he intended to produce.

But the defendants’ lawyer Noah Dindi objected to the application and argued that it was not tenable at law for the plaintiff to have a second bite after having given his evidence-in-chief.

He said the best option for the plaintiff was to call a separate witness who would refer to the same documents he had referred to. He implored the court to reject the application and allow cross-examination.

In response, Mr Mambwe insisted that no prejudice would be occasioned to the defendants if the court allowed the plaintiff to produce the documents.

Ms Justice Lengalenga reserved ruling to next week but adjourned the case to January 11 and February 1, 2010 on grounds that she would soon start handling criminal sessions.

[Times of Zambia]

MMD Chitambo Member of Parliament (MP) Solomon Musonda, who allegedly shot a Patriotic Front (PF) cadre, yesterday pleaded not guilty to a charge of causing bodily harm with intent to maim, disfigure or disable.

Appearing for plea before Justice Mugeni Siwale Mulenga at Kabwe High Court yesterday, Musonda, 34, denied causing bodily harm with intent to maim, disfigure or disable Jackson Musaka on June 1, this year.

Justice Mulenga set November 29 as date for commencement of trial after lawyer Mulilo Kabesha said Mr Sunday Nkonde, who is Musonda’s lawyer, was undergoing a medical review and could not travel to Kabwe yesterday.

Musonda’s bail was extended.

And State advocate Chipola Bako had earlier objected for trial to begin on November 29 because the State was ready to proceed with the matter and witnesses were on their way to Kabwe from Serenje.

Meanwhile, the Law Association of Zambia (LAZ) intends to join the case in which Lusaka lawyer John Sangwa and business executive Rajan Mahtani are charged with forgery and uttering a false document.

Defence lawyer Steven Malama told Lusaka chief resident magistrate Charles Kafunda that LAZ had indicated it wanted to be part of the proceedings.

This is in a matter in which former Finance Bank chairperson, Mahtani and Lusaka lawyer Sangwa are facing five counts of forgery, uttering a false document and fabricating evidence.

Mr Malama asked for an adjournment to allow him and his co-defence lawyer Robert Simeza organise a meeting with LAZ on the association’s intention to play a role in the proceedings.

Mahtani and Sangwa are on count one charged with forgery contrary to sections 342 and 347 of the Penal Code Chapter 87 of the Laws of Zambia.

In response, the State reluctantly accepted an adjournment but asked the court for guidance on LAZ’s intention to be part of the proceedings because this was not the first matter Mr Simeza and Mr Malama were handling.

State prosecutor Mwewa Musonda said the other reason was that LAZ was not on record in these proceedings.

But in his ruling, Mr Kafunda said the nature of LAZ’s intended role was not clear and he believed that was the source of concern expressed by the State.

He also found difficulties appreciating the actual purpose of the meetings alluded to but said LAZ president Steven Lungu had earlier applied to be part of the proceedings as amicus curiae.

“If there is need to look at other options open to the association regarding the case, it ought to have been made before the proceeding against the foregoing, I will also reluctantly grant the defence this application to enable them meet with LAZ,” he said.

The matter continues today

[Times of Zambia]

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