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Law Association of Zambia President Stephen Lungu (left) talks to Transparency International Zambia Executive Director Goodwell Lungu (file Picture)
The Law Association of Zambia LAZ has written to the Attorney General following the High Court’s decision to throw out the London court judgment against former President Fredrick Chiluba.
LAZ president Stephen Lungu said the association has written to the Attorney General to seek an audience with him to discuss further the court’s decision to throw out the London judgment.
Mr Lungu said the association is seeking an audience with the Attorney General to further understand the basis of the court’s decision.
Meanwhile Zambia Direct Democracy Movement (ZDDM) national coordinator, Edwin Sakala has described the fight against corruption under the defunct disbanded task force on corruption as fake and malicious.
Mr Sakala has further castigated those that are condemning the decision by the high court to throw out the London high court judgment against Dr Chiluba.
Mr Sakala said that it is not right to have allowed the former president to be tried outside the country and to register the foreign judgment in a Zambian court.
He said such as act has the potential to cause divisions in the country.
He added that that the decision to throw out the London high court judgment does not come as a surprise because Dr Chiluba was unjustly treated from the beginning.
Mr Sakala described those who were pushing for the registration of the judgment as hypocrites whose true intentions he says will be exposed.
On Friday last week High Court Judge Evans Hamaundu threw out the London High Court judgment against Dr Chiluba and his co-accused which found them liable of making the Zambia government lose US$46 million.
The Attorney General was seeking to have the judgment registered in the high court so that it could be effected against the former president and his co-accused.
[ QFM ]
Second republican president Frederick Chiluba and his wife Regina
By Elias Munshya wa Munshya
Zambians were told that the reasons why the Attorney General Hon George Kunda, SC sued Chiluba in London were to reach him where the Zambian courts could not reach. Kunda and Mwanawasa alleged that Chiluba had stashed millions of dollars outside the Zambian court’s jurisdiction. And for the government to confiscate those millions they needed to use a European Court; and England was their natural choice. They told us that once they obtain the judgment in England, it would be enforceable in the whole of Europe and as such, they would bring back Chiluba’s stolen millions from Belgium, France and Switzerland. That sounded like a very good plan.[pullquote] Here is the lesson, if you want to get money from Chiluba, which you tell us he has stolen, please do not go to London. Instead go to him in Kabulonga[/pullquote]
Another reason they went to London, we were told, was that the Zambian government was not confident of getting back the money if they had used the Zambian courts. They had both jurisdictional and competency problems with the Zambian courts. They averred that Chiluba’s matrix of plunder would be too complicated for an average Zambian judge to comprehend or even handle. That was the reason why they had to look to England and not Kitwe or Chipata High Courts.
And indeed they got that judgment. Honourable Mr. Justice Peter Smith of the London High Court gave his famous legal ruling. He crafted it in the most arduous language you can ever find in a legal document. Anxious to put himself in the annals of history, he found Chiluba liable to pay back the government of Zambia millions of dollars that he had stolen. The Honourable Smith in his judgement even mentioned that the suits and the underwear Chiluba had purchased were all acquired from public funds.
The question of how far that judgement actually has helped Zambia to get those millions from its jurisdiction in England and Europe still remains unanswered. How much money has actually been collected in Europe from Chiluba’s fat accounts in Switzerland and Luxembourg?
But the confusing thing is that after the London judgment, the Zambian government altered the story. This was either they could not get the millions in those accounts as they had alleged or there were no such monies in those jurisdictions in the first place. Suddenly, instead of using the London judgment to obtain Chiluba’s stolen millions in Europe, they now felt it was prudent to use the same London judgment to come and get Chiluba’s millions in Kabulonga. But in order to do so, the reverse of why they went to London must be done. They went to London to obtain a judgement to use in Europe, but now they needed a judgement in Lusaka to use against Chiluba in Kabulonga. And in their legal recklessness, they felt that instead of commencing new civil proceedings in Lusaka or Chipata, they advised themselves to use the same judgment from London—only that this time around they would look to direct legislation to enforce it. But in order to do so, for want of jurisdiction, they had to have the Lusaka High Court rubber stamp the London judgement.
But rubber stamping is exactly what the Lusaka High Court has refused to do. Even a grade 4 boy can tell you that what happens in one home cannot be transferred and effected in another house. Courts do not generally like the idea of being trampled over by another court from another jurisdiction. This is so especially in the post-colonial court system where former colonies are trying to assert their judicial, jurisdictional and legal independence from their colonial masters.
Essentially then what the government was trying to do was to register a judgment and give it legal effect by using the same courts that they had despised in the first place. Consequently, the Zambian High Court would not tolerate such judicial colonialism because the Lusaka High Court is not and will not be a department of the London or the European Courts, especially in civil matters.
By so asserting, Mr. Justice Hamaundu has demonstrated the fact that we would rather have injustice done by ourselves, than justice served from London. Injustice in Lusaka is rather by far more preferable than justice served from the doorsteps and the gravel of Mr. Justice Peter Smith. The London judgement was alright in so far as it was obtained to take the money that Chiluba had taken to Europe. But beyond that, it had the potential of being a tool of juridical colonization. If the Zambian government was serious about getting Chiluba’s millions in Zambia they should have commenced legal proceedings in the Zambian court system. They should have trusted the Zambian courts to come up with a fair judgment. But if they mistrusted our courts and insulted our courts and poured contempt on our learned judges why should they now turn around to try and get the same courts to recognise an imperial judgement from London? There is one old rule that says that you cannot have your own cake and eat it too. In other words, “Cimbwi afwile intaangalale”.
Someone may argue that the courts are very much influenced by politicians, and this judgment is simply because it is not Mwanawasa in power. Well that explains the very reason why the corruption fight has ended so miserably—it is because it was Mwanawasa’s and his alone. As such, Mwanawasa lost this fight the day he decided to go to London to have justice done on Chiluba who lives in Kabulonga. Here is the lesson, if you want to get money from Chiluba, which you tell us he has stolen, please do not go to London. Instead go to him in Kabulonga and get it, or rather go to the Lusaka High Court or the Chipata High Court and commence proceedings from there. But unless you are sure about the proverbial Swiss Bank Accounts, please do not go to London!
Former Luena Member of Parliament Charles Milupi after launching his new political party in Lusaka.
Alliance for Democracy and Development(ADD) President Charles Milupi has denied media reports insinuating that his party has been approached by the Movement for Multiparty Democracy (MMD) for the position of Vice President .
Mr Milupi was reacting to some unconfirmed information from some section of the media alleging that the ruling party is considering appointing him as Vice President ahead of the 2011 tripartite elections.
Mr Milupi who is also Luena Member of Parliament told ZANIS in an interview in Lusaka today that information circulating in some sections of the media that he was being considered for the position of Vice President in the MMD government was just rumors because nothing of that sort has been discussed with the MMD.
He said his party was currently just working on consolidating itself.
The ADD leader however, said if approached, his party would be able to about the matter with the ruling MMD.
Mr. Milupi said currently, ADD would continue working on its agenda of consolidating and promoting it’s manifesto ahead of next years’ elections.
“Those are just rumors. As far as am concerned, the ADD has not been approached by any political party for the position of Vice President. When approached, the party would then be able to give its’ position over the same matter ” ,Mr Milipi said.
He said as for now, his party would not respond to rumors but would continue working hard to sell and promote itself to the electorates.
Recently, some sections of the media alleged that the ADD president was being considered for the position of Vice President by the ruling MMD ahead of the 2011 elections.
FLASHBACK:Chief Justice Ernest Sakala inspecting a guard of honour during the of High Court session in Lusaka
Chief Justice Ernest Sakala has appealed to judges to continue performing their functions with utmost diligence and dignity, despite being attacked by the public in the course of dispensation of justice.
The Chief Justice was speaking at Livingstone’s Zambezi Sun Hotel during the official opening of a training workshop for Judges of the Supreme Court, High Court and the Industrial Relations Court, organized by the International Association of Women Judges (IAWJ) in conjunction with the Zambia Association of Women Judges (ZAWJ).
Chief Justice Sakala said there was an increase in Public scrutiny, with regard to the quality of work executed by adjudicators and that at times the judiciary has come under scathing attack for making justified decisions.
Chief Justice Sakala said the Zambian public, increasingly expects well skilled and informed adjudicators who are committed to dispensing equal justice, in accordance with the rule of law.
The chief Justice further said, the standards for the adjudicators’ bar have been raised and called for workshops to keep abreast with the latest best practices.
He said the judiciary would always ensure that adjudicators measured up to the expected standards of performance by empowering them with skills to enable them effectively deal with international treaties at domestic level, especially those to which Zambia is a signatory.
[pullquote]Chief Justice Sakala said there was an increase in Public scrutiny, with regard to the quality of work executed by adjudicators and that at times the judiciary has come under scathing attack for making justified decisions.[/pullquote]
The Chief Justice further called upon the adjudicators to uphold the oaths they took at the time of their appointment to the bench, in keeping with the dignity, demands and responsibilities of the judicial office.
Chief Justice Sakala expressed worry that there was a sharp rise in defilement cases, despite the harsh sentences handed out to the perpetrators.
He requested the Zambia Association of Women Judges to consider conducting a study on defilement, as a way of helping to find a lasting solution to the scourge.
While reading something a few days ago, I came across these words, “The Justice Sakala led judiciary and the Banda administration is like two pregnant women trying to nurse each other. In other words, it’s like trying to cut rotten meat with a blunt knife”. Immediately I began to reflect. A few years ago a farmer in Makeni had green houses where he cultivated cannabis illegally; when arrested the courts only demanded that he pays a small fee. Yet from the same courts, a poor man with less that one kilogram of cannabis is imprisoned with hard labor.[pullquote]The Justice Sakala led judiciary and the Banda administration is like two pregnant women trying to nurse each other[/pullquote]
Looking at the cases of Mr. Chiluba, MP Mushili, Mr. Mpombo and Ms Changwe reveals a lot of disparities. Chiluba’s acquittal and now that the London judgment can not be registered in Zambia remains a mystery. Mushili who was going to defraud the government and the people of Zambia out of millions of Kwacha was only told to sweep offices, nothing else. Minister changwe who’s cheque bounced is still a free lady. Yet Mpombo’s bounced check has sent him to prison and a fee. Could these be normal discrepancies?
A question might be asked as to why I am reflecting on these matters from the courts of Law. As a citizen I should. “… The same way that we have duties as citizens, the judiciary also has duties. One of the most important duties that the judiciary has is to ensure that our people retain respect for it and confidence in its ability to apply the law equally without taking irrelevant considerations into account…” The Post.
Some thing must be wrong with our judiciary system. I think! Either the court officials are ill qualified in the matters of law or they are just opinionated and don’t have any regard for the law. Worse enough if they are dancing to the tune of politicians… “The cases involving Chiluba seem to have taken on a mysterious character… We say this because in relation to the now infamous Chiluba acquittal, the magistrate who delivered the Chiluba judgment mysteriously adjourned the matter on the Friday that he should have given the judgment and did not bother to explain to the public why the extra weekend was necessary. That in itself raised all sorts of suspicions and did not help to increase the confidence of the public in the decision that was passed. In the case of the registration of the London High Court judgment, another unnecessary controversy has been created, which will no doubt lead to all sorts of speculation. Judge Evans Hamaundu’s decision was being anxiously awaited by many of our people. It had been announced that judgment would be delivered on Wednesday, August 18, but somehow, this judgment was quietly released five days before the expected date in a way that ambushed our people…” The Post.
If the courts wish to maintain the sacredness of the judiciary and their officers worshiped, judges should make their decisions just; they should not behold plaintiff, defendant, nor pleader, but only the cause itself. Justice is the insurance we all have on our lives and property and politicizing it is creating a catastrophe for the whole nation. Justice is the bread of the nation; it is always hungry for it.
Former Patriotic Front (PF) Southern Province coordinator Opper Hamiyanze has said PF vice-president Guy Scott’s negative comments on United Party for National Development’s (UPND) loss in the Luena by-election is a sign of lack of confidence in the pact.
And Mr Hamiyanze has revealed that UPND youths in Monze were planning to ditch the party to join the ruling MMD because they were disappointed with their leader, Hakainde Hichilema’s insistence to stay in the pact.
Mr Hamiyanze said the confusion in the pact was visible to everyone as confirmed by Dr Scott’s remarks.
Dr Scott had alluded to the fact that his party scooped the Chifubu parliamentary by-election seat single-handedly which Mr Hamiyanze said sent the message that the PF was more popular than the UPND.
Mr Hamiyanze said in an interview in Lusaka that the confusion in the pact was anticipated and justified and that it could not work.
“The comments by Dr Scott shows that there is confusion in the pact and it was highly anticipated from the beginning. Mr Sata cannot work with HH because both are greedy. The best that the two leaders can do now is to agree to break up because they will not be able to work together,” he said.
He said Zambians had lost trust in the pact because of its lack of commitment and focus for the betterment of all Zambians.
“The two leaders don’t offer solutions to the problems of the country but only want to enrich themselves,” he said.
He said the MMD had remained on track in the quest to achieve various developmental targets especially in reducing poverty.
He challenged Dr Scott to check his party’s performance in the Kaoma and Chadiza ward by-elections where they lost to the MMD.
He said Dr Scott who is Lusaka Central Member of Parliament had failed to deliver in his constituency.
“He is more vulnerable because even with the CDF funds the opposition MP has failed to perform let alone to account for the use of the funds and he will lose his seat next year,” he said.
On the Monze youths, he said the youths want to leave the UPND and had decided to join the MMD because Mr Hichilema has failed them, and that they would seek an audience with Vice-President, George Kunda.
President Rupiah Banda yesterday left Congo Brazaville for Namibia to attend the 30th Jubilee Summit of the Heads of State and Government of the Southern Africa Development Community (SADC).
President Banda, who is expected to take over the position of chairperson of the SADC Organ on Politics, Defence and Security Cooperation at the Windhoek Summit, is expected to champion greater trade and political stability in the region.
Mr Banda left Lusaka International Airport around 07:00 hours and travelled to Namibia via Congo Brazzaville where he had a stopover for few hours to join other African leaders who had been invited to attend the 50th Independence Celebrations of that country.
Special assistant for Press and public relations Dickson Jere said the president was invited to be among the key dignitaries by his counterpart, Dennis Sassou-Nguesso.
President Banda is currently the deputy chairperson of the SADC Organ on Politics, Defence and Security Cooperation.
After attending the celebrations in Brazzaville, President Banda and his delegation proceeded proceed to Namibia for the SADC summit, which is expected to tackle key issues of regional integration, economic development and the enhancement of trade.
He is expected to share his proactive response to the challenges of the global economic downturn that ensured that Zambia emerged in a stronger position than many other African nations, enjoying 6.4 per cent economic growth during 2009.
Mr Jere said the President was a strong supporter of the Free Trade Agreements among SADC members, spearheaded by the launch of the Free Trade Area in 2008, and has championed co-operation as a basis for economic growth.
Zambia’s exports doubled between 2000 and 2005, largely through increased trade with SADC countries.
Mr Banda was accompanied by First Lady Thandiwe Banda and other senior Government officials.
And the Zambia National Broadcasting Corporation (ZBNC) reported on its main news monitored last night that President Banda arrived in Brazaville at 09:28 hours.
While there, the president pledged to revive the Joint Permanent Commission between the two countries.
[ Times of Zambia ]
FLASHBACK: Lawyer Sakwiba Sikota SC (right) with President Rupiah banda.
LUSAKA lawyer Sakwiba Sikota has backed the High Court judgment that dismissed actions by the Attorney General to register and enforce the London High Court ruling that found second president Frederick Chiluba and seven others guilty of corruption involving US$46 million.
Mr Sikota said the judgment was accurate and premised on the proper interpretation of the law regarding reciprocal arrangements with other countries.
He said it was not possible for Zambia to register and enforce any foreign judgment in the absence of the law to support such an action.
Mr Sikota said there was lack of a reciprocal arrangement between Zambia and other countries that allow for legal action against individuals or institutions that were resident in other countries.
The reciprocal agreement between countries allows residents to seek litigation against people in other countries affordably and that one can obtain a judgment and register it in the country where the accused person or firm is based.
Law Association of Zambia (LAZ) president Stephen Lungu said he was still in the process of studying the judgment before he can comment.
On Friday, Lusaka High Court Judge Evans Hamaundu threw out a case that would have forced Dr Chiluba to repay the Government after a British court found him guilty of corruption.
[pullquote]
Mr Sikota said the judgment was accurate and premised on the proper interpretation of the law regarding reciprocal arrangements with other countries.[/pullquote]
Mr Justice Hamaundu ruled that a 2007 civil court ruling in London that Dr Chiluba stole $46 million in public funds during his 1991-2002 presidency could not be registered in Zambia because there was no statute to support the action.
“The question of enforcing the judgment of the courts of the United Kingdom directly by registration under the Act does not arise,” Mr Hamaundu said in his ruling. “I have looked through our laws for such an order and have been unable to find any.”
The Zambian Government has struggled to enforce the London High Court judgment through the Taskforce on Corruption that has since been dissolved.
Dr Chiluba and seven co-accused argued that the ruling could not be enforced in Zambia which was a sovereign state with its own judicial system.
In 2008, the court acquitted Dr Chiluba, who is currently in South Africa for medical reviews of stealing $500,000 in public funds.
He was accused of theft and corruption alongside former ministry of Finance permament secretary Stella Chibanda, former Zambian Ambassador to the United States Attan Shansonga, former Access Financial Services directors Aaron Chungu and Faustin Kabwe. Others were Francis Kaunda and Ireen Kabwe.
[pullquote]“The question of enforcing the judgment of the courts of the United Kingdom directly by registration under the Act does not arise,” Mr Hamaundu said in his ruling. “I have looked through our laws for such an order and have been unable to find any.”[/pullquote]
The State, through the attorney general had contested that the matter be registered in Zambia under the Foreign Judgments Reciprocal Enforcement Act, cap 76 of the Laws of Zambia and the order was granted on July 9, 2007.
Late High Court Judge Japhet Banda had granted the order but Dr Chiluba contested the action on grounds that Zambia was a sovereign nation and that only the Zambian court had the jurisdiction to hear cases involving its citizens.
He also challenged the action because legal costs would be cheaper in Zambia than in the United Kingdom and that since he and his co-accused were alleged to have breached the Zambian laws, the Zambian judicial system was best suited to interpret the laws.
Dr Chiluba argued that witnesses in both criminal and civil trials were based in Zambia. He said Zambia was a country with the most real and substantial claim because that is where the alleged frauds and conspiracies originated from.
President Banda receives a plaque bearing the portraits of Zambia's former and current Presidents from Northmead Assemblies of God preacher Joshua Banda during a fund raising dinner in Lusaka
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Zambia's Foreign Affairs Minister Kabinga Pande (l), talks to Botswana Minister of Trade Makgato Malesu at the SADC Council of Ministers summit in Windhoek in Namibia
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Some Mazabuka residents being tested for diabetes
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Some Ministers in prayer during the funeral of late Mpulungu MP Lameck Chibombamilimo in Lusaka
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Science Minister Brian Chituwo during body viewing of the late Mpulungu MP Lameck Chibombamilimo during a requiem mass
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Police separating political party cadres who clashed at Mpulungu MP Lameck Chibombamilimo's requiem mass in Lusaka.
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Police in riot gear keep vigil after restoring order at the requiem mass for the late Mpulungu MP Lameck Chibombamilimo in Lusaka
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Police having a tough time to separate political party cadres who clashed at Mpulungu MP Lameck Chibombamilimo's requiem mass
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Police having a tough time to separate political party cadres who clashed at Mpulungu MP Lameck Chibombamilimo's requiem mass
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Pallbearers carry the coffin of the late Mpulungu MP Lameck Chibombamilimo during the requiem mass
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Nigerian High Commissioner to Zambia Folake Marcus Bello presents her credentials to COMESA Secretary General Sindiso Ngwenya in Lusaka
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Foreign Affairs Minister Kabinga Pande leads the Zambian delegation at the ongoing SADC summit in Namibia.
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First Lady Thandiwe Banda receives a donation of books from Ghanaian school teacher Samuel Peprah at State House
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First Lady Thandiwe Banda with Ghanaian High Commissioner William Barndful after receiving a donation of books from a Ghanaian school teacher Samuel Peprah at State House
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Deputy Chief Justice Ireen Mambilima and Chibamba Kanyama after officiating at the Teen Trust Zambia annual conference in Lusaka
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Ostriches feeding at one of the Galaunia Farms in Lusaka
KAPENTA, a type of fish also known as small fresh water sardine, has several chemical compositions that help reduce the risk of various diseases including prostate cancer.
Kapenta is a small fresh water sardine that originated from Lake Tanganyika.
Two species are known to exist; the Limnothrissa miodon and the Stolothrisssa Tanganicae. Both these species are planktivorous and pelagic. It has several other names in countries where it is found.
A recent chemical composition analysis of kapenta by the National Food and Nutrition Commission (NFNC) shows a great variation in the nutrient composition for the dry and fresh fish.
NFNC principal nutritionist Mr Musonda Mofu says dry kapenta contains 209 calories of food energy compared with 85 calories of food energy in fresh Kapenta.
In addition, dry Kapenta contains 63 grammes of protein and only 16 grammes in fresh Kapenta.
Overall this shows that, per portion, there are more benefits in dry kapenta than in fresh Kapenta.
The nutrition problems of iron deficiency and vitamin A deficiency can also be addressed by consuming kapenta as it has a high content of these minerals.
Overall, 8.5 miligrammes (mg) of iron can be derived from dry Kapenta and 2.1 mg from fresh Kapenta.
In general, Kapenta is a healthy food and very rich in protein. It also has low levels of saturated fat and is a rich source for omega 3 and omega 6 fatty acids.
As a result of this chemical composition, Kapenta, like other fishes, may reduce the risk of disease including prostate cancer, depending on the frequency of consumption.
Kapenta is also rich in Vitamin B12, which is important in the promotion of cardiovascular well being since it is intricately tied to keeping levels of homocysteine in balance.
Homocysteine can damage artery walls and elevated levels could be a risk for atherosclerosis.
Allergic reactions can occur from virtually any food. A number of allergic reactions to kapenta have been reported.
Oral allergies in which the mouth itches or tingles after eating kapenta are common in some individuals.
Other reactions have been linked to anaphylaxis which is a severe systemic reaction in which the body releases large amounts of histamine.
When allergies are observed, it is recommended to see a doctor for assessment and advice.
Kapenta is key on the menus of many Zambians. It can be used to promote protein consumption especially among the poor.
Consumption of whole kapenta is also helpful as the intestines of kapenta provide a rich source of micronutrients.
WORKS and Supply Minister Mike Mulongoti has announced a cut financial support to all lodges under his ministry because they have the capacity to generate their own income.
“This is the last time that you will be supported by my ministry. I have seen individuals with only one lodge and they are surviving but you have 10 lodges. I warned the Hotels Board the last time we were budgeting that I am cutting their budget because they have the capacity to generate their own income. This is a timely warning that this is the last year,” he said
Mr Mulongoti said the lodges must generate money so that Government receives dividends form them and that these should be declared at the start of the next financial year (2011).
Government has spent K2.7 billion in the rehabilitation and construction of facilities at the Livingstone Lodge which comprises a conference room, deluxe executive suite and 11 executive rooms.
The second phase the project will involve the building of a one storey building that will have 20 rooms.
Mr Mulongoti said this yesterday when he commissioned the new Livingstone Lodge.
The Minister was accompanied by his deputy Dr Christopher Kalila and permanent secretary Watson Ng’ambi.
He said time the Hostels Board should no longer depend on government for financial support.
He challenged the National Hostels Board to venture into constructing a five-star hotel instead of being comfortable with lodges.
Mr Mulongoti encouraged the Hostels Board to go into partnerships with other investors.
He said that since its inception in 1957, the board has had only seven hostels that were left by the colonial government, and three that have been constructed since.
“I want one day, either President Rupiah Banda or myself be able to commission a five-star hotel before we continue quarreling with our competitive sector we are in. You know we have too many vuvuzelas (critics) who are always refusing to acknowledge what are doing. This is one of the developments,” he said.
He urged the staff and management to work hard in their lodges throughout the country in order to win consumer confidence and attract clients.
Mr Mulongoti said the challenge for the Hostels Board is not only to uphold high standards but to also market the lodge and ensure that it competes favourably with other such facilities in Livingstone.
And Livingstone District Commissioner Francis Chika said tourism has proved to be the main foreign exchange earner in many countries and that Zambia should strive to do so too.
“We have as a nation not approached tourism with the aggression it deserves. Investing in this sector is not easily accessed especially for Zambians hence the need for a total review of requirements and procedures for one to venture into tourism,” he said.
Mr. Chika commended Government for supporting the tourism sector and the agricultural sector through the fertilizer support programme.
VICE-PRESIDENT George Kunda has said the pact between the Patriotic Front and the United Party for Development (UPND) has been dealt a deathblow by sustained attacks by the PF leadership on the UPND.
Mr Kunda said PF president Michael Sata has adversely affected the UPND, which is now facing popularity problems in Southern Province.
He has called on UPND members in Southern Province to join the MMD as their party was on the brink of collapse following the spate of attacks on the UPND president Hakainde Hichilema and his party.
Mr Kunda said UPND members were former members of the MMD and that the ruling party is willing to take them back.
Mr Kunda said this soon after he arrived at the Choma airstrip yesterday to attend centenary celebrations at the Anglican Church in Mapanza area.
Minister of Labour Austin Liato, Deputy Minister of Information and Broadcasting Angela Cifire, deputy minister of agriculture Allan Mbewe, MMD deputy national secretary Chembe Nyangu and Southern Province minister Daniel Munkombwe accompanied Mr Kunda.
Mr Kunda said he is in Southern Province to attend centenary celebrations of the Anglican Church in Mapanza and to inspect developmental projects as well as re-organise the MMD.
He said the Mr Hichilema should have heeded the advice of traditional leaders in the province against getting into a marriage of convenience with Mr Sata.
“Mr Hakainde Hichilema and the UPND are having serious problems. We were advising Mr Hichilema against entering into a pact with Michael Sata,” he said.
He said Mr Hichilema is now politically stressed and that even some newspapers, which had seemingly favoured him, had abandoned him and are now building the PF and Mr Sata’s political image.
Mr Kunda said the MMD will take advantage of the imminent collapse of the UPND to strengthen its structures across the country.
“For us in MMD, it is now our time to appeal to the UPND members that they come back to the MMD, a party which has a future. I know you just left but now it is time for you to come back and join hands and work with the MMD,” he said
He said the MMD would not just focus on its political strength in Southern Province but also dwell on development.
“The MMD has performed very well, and while others are just politicking, we are focusing on development. Hospitals, roads and other economic infrastructure have been put up in Southern Province by the MMD government,” Mr Kunda said.
Mr Munkombwe said the people of the province are grateful because of the interest the MMD government has in developing the region.
Later, Mr Kunda paid a courtesy call on Chief Mapanza, who expressed gratitude to the government for constructing the Choma-Namwala road, saying the decision will help enhance development.
Chief Mapanza said the people of Choma and Namwala are grateful that the politically controversial Choma-Chitongo road has finally been tarred.
Chief Mapanza said the tarring of the Choma-Chitongo will enhance the economic development of the area.
The traditional leader paid tribute to Government for ensuring that the Choma-Chitongo road is completed to ease communication problems.
Mr Kunda commended the chief for recognising Government’s efforts in developing Southern Province and Zambia as a whole.
President Banda shakes hands with Northmead Assemblies of God preacher Joshua Banda during a fund-raising dinner in Lusaka.
PRESIDENT Banda has advised parents, especially fathers, to spend more quality time with their children to help curb moral decay.
Mr Banda said if parents spend more time with their children and instill discipline in them, Zambia would be assured of responsible citizens.
“All societies are founded on sound fatherhood and sonship or daughtership. Fatherhood stands for responsibility and mentorship while sonship stands for obedience. That is why fatherhood and sonship is centre in every society.
“When children do not turn out right, we blame them and parents do not look at themselves as the possible cause. Let us find time to spend with our children because this will make a difference to our society,” he said.
The president said this at the first national Father and Son dinner hosted by Northmead Assemblies of God Church at Lusaka’s Intercontinental Hotel on Friday night under the ‘authentic fatherhood and sonship’.
He said the behaviour of a grown-up child depends on counsel from the parents and fatherhood should be beyond biological children because it is a gift from God.
Mr Banda said the mistake many parents make is to provide financial and material support without considering the needs of children.
He said children want the presence of a parent to provide friendship, mentorship and leadership in their lives.
Mr Banda said it is from the home that every citizen is told to respect others and that is why it is cardinal for parents not to insult because children look up to parents for direction in life, to be kind to others and generous.
“I am very proud to be the President of Zambia because whenever I go out people say Zambians are great, kind people, full of smiles which shows that our fathers brought us all up in a good way. Even in our first President, Dr [Kenneth] Kaunda, we had a good father,” Mr Banda said.
He said, as a father of the nation, he takes criticism in positive way because he carries problems of 11 million people.
Mr Banda said he has accepted that as a father of the nation he does not have to take to heart criticism but take it as checks and balances in building a better Zambia.
He urged all fathers in the country to develop good and reaffirming relationships with their wives and children, especially sons.
Mr Banda said, however, that when the children become adults they too should look after their parents.
Northmead Assemblies of God Bishop Joshua Banda said the church has realised that fatherhood plays an important role in bringing up children into responsible citizens.
He said many children are on the streets because fathers have abandoned their important role in the family and left everything to mothers.
Bishop Banda said the church was also concerned about a culture of insults that is creeping into Zambian society.
“Fathers need to rise up and stop the insults. As a church and Christian nation, we will not accept insults. Our obligation is to respect the current leadership,” he said.
Visiting South African pastor Johan Cronje urged Zambians to pray for the President as the father of the nation.
He said a head of state has many issues to attend to and needs God’s guidance.
Meanwhile, Mr Banda has said Zambians should work together in exploring natural resources that will pave way for economic and national development.
Mr Banda said Zambia is a great nation that has been blessed by God with abundant natural resources that are yet to be explored.
“We need to calm down, plan together and explore the natural resources. All things we are quarrelling about are not necessary,” he said.
Mr Banda said conflict has never enhanced development as can be seen in countries that are mineral-rich but embroiled in fights.
Second Republican president Frederick Chiluba and his wife Regina
HIGH Court judge Evans Hamaundu has set aside an order that was granted to the Attorney General in July 2007 to register a London High Court judgement against second President Frederick Chiluba and seven others because there is no such provision under the Zambian laws.
This is in a matter in which Dr Chiluba and seven others asked the court to set aside the order made in the High Court granting the Attorney-General leave to register in the Zambian High Court, the London High Court judgement against them by Judge Peter Smith.
High Court judge Japhet Banda, now deceased, had granted leave to the Attorney-General to register the London court judgement in the Zambian High Court under provisions of the Foreign Judgements (Reciprocal Enforcement) Act of the laws of Zambia.
The late Justice also allowed Dr Chiluba and co-defendants, Xavier Chungu, Attan Shansonga, Stella Chibanda, Aaron Chungu, Faustin Kabwe, Ireen Kabwe and Francis Kaunda seven days within which to appeal.
The defendants challenged the registration of Judge Smith’s judgement in which they were found guilty of allegedly stealing US$46 million in a civil case.
The application to set aside the order made in the High Court, allowing the Attorney-General to register the London court ruling was filed by Dr Chiluba, Mr Kabwe and Mr Chungu.
In a judgment delivered on Friday, Judge Hamaundu, who took over the case after the death of Justice Banda said he had searched in the Zambian law provisions that allow direct registration pf judgements obtained in the United Kingdom but found none.
He said the British and Colonial Judgments Act was repealed by the Foreign Judgements Ordinance 12 of 1959. And that at that time, no alternative legal provision had been made for the registration of judgements obtained in the superior courts of the United Kingdom.
“Therefore, after the repeal of the British and Colonial Judgements Act, judgements obtained in superior courts of the United Kingdom would only become registrable under the Foreign Judgements Act if and when the Governor (subsequently President) issued an order extending Part II of the Act to the United Kingdom.
Mr Justice Hamaundu said he had looked through the Zambian law for such an order, but did not find any.
“This means that the Foreign Judgements (Reciprocal Enforcement) Act does not apply to the United Kingdom at present,’ part of the judgment reads.
Judge Hamaundu said he has searched in all the laws, including the “Applied Laws” for any other statutory provision by which judgements obtained in the courts of United Kingdom could be enforced by direct registration.
He said in the circumstances, the Attorney-General should have sought to enforce the London High Court judgement by recourse to the common law, under the principles of “private International law” or Conflicts of Law,’ as the principles are alternatively known.
“For the foregoing reasons, the judgements debtors’ (Dr Chiluba and others) application to set aside the order granting the judgement creditor (Attorney-General) leave to register the judgement of the London High Court of Justice succeeds. I hereby set aside the order that was granted to the judgement creditor on 10th July, 2007,” the judgment reads in part.
Nkana fans have seemingly warmed up to Linos Makwaza and they showed it on Saturday when they mobbed him at Woodlands stadium following a 1-0 away win over City of Lusaka.
Makwaza was a shock appointment considering that he played for Nkana’s archrivals for over a decade and a half and was a key protagonist in some of their fiercest derby clashes over the years.
On Saturday against City, he led Nkana to its first away victory since returning to the top flight this season.
Makwaza got off to bad start with two successive defeats losing his first games two games against Konkola Blades at home and away to Forest Rangers but has now three successive wins under his belt and Nkana are 10 off the pace in sixth place on 28 points.
He said he will dedicate all his victories during his tenure to all the fallen Nkana icons as a way of honoring them.
“It feels great (being accepted at Nkana ) and most of the old timers have passed on so winning is a way for me to honor them with winning,” Makwaza said before he was mobbed outside the dressing room after the win.
Meanwhile, Nchanga Rangers drew 1-1 away to Nkwazi on Sunday to maintain top spot on 37 points, two more than second placed Zesco United who crashed National Assembly 2-0 on Saturday in Ndola.
FAZ Super Division
14/08/2010
Week 21
Konkola Blades 1(Robert Tembo 14″)-Kabwe Warriors 1(Ricahrd Kasonde 37″)
Roan United 0-Forest Rangers 0
Zesco United 2(Maybin Mwaba ?” ?”)-National Assembly 0
City of Lusaka 0- Nkana 1(William Chinse 52″)
Power Dynamos 1(Simon Bwalya 49″)-Green Buffaloes 2(John Musukwa 2″, Brian Chilando 43″)