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Namibia-Zambia seals copper deal

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The Namibian government says it to add value to Zambian copper concentrates currently being processed at Namibia’s Tsumeb Customs Smelter in the Oshikoto Region.

Revealing this in WINDHOEK , TODAY, Zambian High Commissioner to Namibia, Mavis Muyunda said that to enhance bilateral relations between Namibia and Zambia, the two countries have agreed to look into producing copper products from the Zambian copper concentrates being processed in Tsumeb, as a way of adding value to the mineral.

“Trade on the corridor has been enhanced following the construction of the Katima Mulilo Bridge across the Zambezi River. That’s why the copper concentrate leaves Zambia to be processed into blister copper in Tsumeb in Namibia,” Ms. Muyunda said.

The blister copper will then be transported to the port of Walvis Bay, for export United States of America and Europe, among others.

“We want to add value to our processed copper and we have agreed to do so in future,” she said.

She further said the process of adding value to the Zambian copper concentrate in Namibia is to be determined through a feasibility study that would be undertaken in the near future.

To reduce pressure on roads for the purpose of trade within the Southern African Development Community (SADC), Ms. Muyunda said the two countries have proposed extending the Zambia railway line from Mulobezi in Southern Province into Namibia.

“This would enhance the transport system on the Walvis Bay-Livingstone-Ndola-Lubumbashi Corridor. Since Zambia intends to increase exports to Namibia, the proposed railway connection would improve trade between the two countries,” she said.

The aim of developing the Walvis Bay-Livingstone-Ndola-Lubumbashi Corridor was to give Zambia and the southern part of the Democratic Republic of Congo (DRC) access to the port of Walvis Bay, she further explained.

Muyunda said Zambia is also connected to Namibia by air.

Air Namibia recently launched flights between Windhoek and Lusaka, Zambia via Johannesburg effective 25 October 2009, with traffic rights to uplift passengers between Johannesburg and Lusaka.

These flights are operating five times a week on Mondays, Wednesdays, Fridays, Saturdays and Sundays.

“There is great potential for increased economic growth between our two countries, provided that trade volumes are increased substantially,” she noted.

Meanwhile, Zambian president Rupiah Banda is among the SADC leaders who are gathered in Windhoek for the SADC Jubilee Summit.

The summit would be concluded on Tuesday with official celebrations of SADC’s 30th Jubilee.

Angola, Botswana, the Democratic Republic of Congo, Namibia, Lesotho, South Africa, Tanzania, Zimbabwe, Zambia, Mauritius, Seychelles, Mozambique, Swaziland and Malawi are the current member States of SADC, while the Indian Ocean Island nation of Madagascar remains suspended. Madagascar is experiencing political problems, and was suspended by the regional body in March 2009.

ZANIS

RB expected in Mozambique

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President Rupiah Banda with First Lady Thandiwe (R)

Zambia and Mozambique will tomorrow sign at least four agreements in various areas all aimed at strengthening the already existing bilateral and economic relations between the two countries.

Zambia’s High Commissioner to Mozambique, Agnes Ngoma told ZANIS in Maputo today that among the agreements that will be signed are an agreement on bilateral air services, an agreement on disaster management, agreement on tourism and an agreement on agriculture.

Ms. Ngoma said these agreements will be signed after President Rupiah Banda, who arrives in Maputo at 10:00 hours for a three day state visit tomorrow, holds talks with his Mozambican counterpart, Armando Guebuza.

She said a high level discussion between senior officials from both Zambian and Mozambican governments will be held at the same time as the Presidential private talks in Maputo.

She said President Banda’s visit to Mozambique will further strengthen the existing bilateral relations between the two countries.

“The visit by President Banda signifies those warm and good relations between the countries and will certainly further strengthen the same,” she said.

The talks and signing of agreements will be preceded by President Banda’s visit to the Mozambican Heroes’ Monument where he will among other activities, lay a wreath.

He will also meet Zambians living in Mozambique and attend a state banquet hosted in his honour by President Guebuza.

Other activities lined up for the President in Maputo include calling upon Municipality of Maputo and also paying a courtesy call on the President of parliament of Mozambique

Ms. Ngoma said President Banda will also travel to Sofala province to visit the Port of Beira where he will tour various facilities such as cereals terminal, general cargo terminal and coal terminal among others.

The President will also visit National Agriculture Research Institute which is under the Animal Sciences Directorate of Mozambique.

President Banda will be accompanied by First Lady Thandiwe Banda and Minister of Communications and Transport, Geoffrey Lungwangwa and other senior government officials.

He will be welcomed on arrival at the airport by his Mozambique counterpart, Armando Guebuza and the First Lady of Mozambique.

While at the airport, President Banda will inspect a guard of honour that will be mounted by the Mozambique army.

A twenty one gun salute will be accorded to President Banda at the airport before departing for Hotel Avenida, in Maputo, where he will be staying during his three day state visit.

President Banda returns to Lusaka on Friday, August 20th.

ZANIS

Improve ‘Tujilijili” packaging, LCC tells manufacturers

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A youth in business cashing in on Tujilijili (brandy or gin packed in small sachets)
A youth in business cashing in on Tujilijili (brandy or gin packed in small sachets)

Lusaka City Council (LCC) has called on the manufacturers of alcohol popularly known as ‘tujilijili,’ beer packaged in sachets, to improve on the packaging of their products to avoid abuse by young people and discourage people from selling the beer at bus stops.

LCC Assistance Public Relations Manager Mulunda Habeenzu told ZANIS in an interview that the current packaging of tujilijili beer encourages people to carry them in the pockets, especially school going

Mr. Habeenzu said the manufacturers should also ensure that their products should not be sold in bus stops adding that packaging in bottles would be a good solution as the bottle can not be hidden in the pockets.

He said the portability and low pricing of tujilijili has made it easy for school children to buy and conceal beer in their pockets which he said the manufacturing company should avoid.

He said the council will not allow people to sell beer on the streets or on the bus stops adding that all alcoholic drinks should be sold in established places.

He urged the manufacturers of the beer to educate their agents not to sell either on the streets, bus stops or to underage persons.

Commenting on drinking places that close beyond the stipulated operating hours, Mr. Habeenzu said the council would soon ensure that such places are closed and owners prosecuted for floating the law.

He noted that it was sad that some people have taken advantage of the council police’s absence in their areas to operate overnight when they were not night clubs.

He said those that were operating overnight without being licensed as night clubs were doing that at their own risk as the council would at any time pounce on them and have their premises closed.

He said the council did not even allow drinking places that play, loud music in the communities adding that those who did that should be reported to the council for prosecution.

Drinking places and night clubs in residential areas have mushroomed resulting in school going children not having a quiet environment to do their studying.

ZANIS

ZAMTEL privatization, an African first

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Last month’s successful privatization of Zamtel by President Rupiah Banda’s Government is great news for Zambians, delivering the promise of improved telecom industry competitiveness, cheaper phone calls, high-speed broadband internet, and ultimately, a real growth catalyst for Zambian businesses. We asked Director General of the Zambia Development Agency, Andrew Chipwende, for the facts behind one of Zambia’s most successful privatizations – and what consumers can look forward to from the new Zamtel:

Why did you privatize Zamtel?

AC: As Zambia’s only fixed line operator, and one of just three mobile operators, Zamtel is central to our country’s communications infrastructure. As such, it has served Zambian consumers and businesses for many years. However, as competitors have entered the market its old business model and aging infrastructure have struggled to keep up. We needed to identify a way to modernize Zamtel’s service and invest in the development of more advanced telephone networks, for all Zambians. In short, we wanted to reposition Zamtel so that it can realize its true potential.

Is this good news for Zambia?

AC: Definitely! President Banda has made Zambia the first African country to deliver a telecoms privatization of this nature. At US$257 million it is the most single successful privatization in Zambia’s history. This value when looked at in terms of enterprise value per subscriber, we have achieved a price of US$1,770 per subscriber, well above recently completed African telecom transactions such as Burkina Faso, Mali, Ghana and Niger telecoms. We have pioneered a new approach to make this work and are setting an example for other countries to follow. Zambia has always led the way in privatization but we are now setting new standards for ourselves. We have shown that we can make a deal like this work – to the benefit of all Zambians while at the same time making it attractive for investors to pay a premium. This is a boost for those who want to work and create jobs here.

Will Zambians get a better service?

AC: Absolutely. This is at the very heart of this privatization. This transaction was done as a component of far broader telecom sector reform measures by Government. You will already have seen the advertising from Zain and MTN offering cheaper international calls. The sector reforms introduced in parallel with Zamtel’s privatization have already contributed to reducing international calling costs by 70%, and we expect local interconnect rates to also follow suit. And that’s just the start. We have also helped to support a quicker roll out of the fibre-optic network across Zambia so that most urban and rural areas will have access to high speed broadband within the next few months.

What would have happened if you hadn’t privatized Zamtel?

AC: Zamtel was insolvent and owed a significant amount of money to foreign suppliers and banks. By June 2010, it would have defaulted on some of its interest and principal repayments which have triggered massive cross defaults.. This would have resulted in lenders calling in their loans, suspension of vital network programmes, reclaiming of vital equipment and eventually the company’s effective collapse through receivership, then liquidation. Workers would have lost their jobs, most likely without any compensation, and customers would have lost their service. If Zamtel had failed, the impact on telephone and internet services would have been extremely negative – it could have set the country back several years. But still investors would have been able to buy the residual assets of the company at rock bottom, break-up values.

Will the Zambian people have to pay for Zamtel’s debt?

AC: No. Under the terms of the privatisation deal we have ensured that all debt is repaid from the proceeds of the sale, that all Zamtel workers receive generous payouts and that money is made available to upgrade and improve Zamtel’s service for customers.

What is happening to Zamtel’s workforce?

AC: Under the terms of the agreement Zamtel’s whole workforce will receive redundancy packages, but many will be re-employed, as around 800 jobs will be re-created in Zamtel. Everybody employed in Zamtel will receive 3 months’ payment for each year they worked at Zamtel, plus other gratuity payments. This money will go straight into employees’ bank accounts. The net effect is an injection of nearly US $100 million into the Zambian economy. We have worked closely with the National Union of Communications Workers, who have been very supportive of our approach, and of the package provided to Zamtel’s workers. With all the skills available in Zamtel, many opportunities are available to be seized in outsourcing of services not just in zamtel, but other telecom and ICT companies. Our Micro, Small Enterprise Division at ZDA is at hand to mentor those that want to venture into business.

Where has all the money gone?

AC: Some of the US $257 million released through this privatization has gone to pay off Zamtel’s debt. Close to US$ 100 million will be paid directly to Zamtel’s workers as their redundancy packages, within 60 days of the completion of the privatization. US$ 64 million will be channeled back into Zamtel to contribute to the recapitalization of the company. Further amounts will go towards resolving Zamtel’s unfunded pension deficit. In short, the Government has used the vast majority of the proceeds from the transaction to contribute to the future of the company and its employees, rather than just pocketing the money and walking away – as has been the case in many other cases across Africa.

Who owns the new Zamtel?

AC: LAP GreenN won the bid to take a 75% stake in Zamtel, after a competitive and transparent bidding process. LAP GreenN is headquartered in Uganda, and is owned by Libya Africa Portfolio which has investments in banking, tourism, property development, oil and gas. It has a strong track record of delivering successful turnarounds of state-owned telecoms businesses, in Rwanda, Uganda and Ivory Coast among others. GRZ will also own 25% shareholding and by virtue of this, exercise veto rights on key strategic matters through the shareholders agreement. Ultimately, once the company is turned around, it is GRZ’s intention to offer its shares to the general public through a public flotation. At that point Zamtel will become a publicly listed company.

How can you be sure that LAP GreenN will invest in improving Zamtel?

AC: President Banda’s Government has retained a 25% stake in Zamtel, and has seats on the board of Zamtel. Moreover, as part of the shareholders’ agreement between LAP GreenN and the Government, Zamtel is required to meet business plan targets, so we can be sure that it is well run and offers customers a good service. But it’s also important to remember that it’s in LAP GreenN’s interests to turn Zamtel into a strong, sustainable and successful business. The Government has an excellent relationship with LAP GreenN, and we’re confident that Zamtel’s future, with their contributions, is a bright one.

So what is the future for Zamtel?

AC: In short, growth and development. There are exciting plans in place to upgrade Zamtel’s services and improve its infrastructure so that all customers can enjoy lower call costs, more reliable service, and faster mobile and fixed Internet connections. Thanks to President Banda’s commitment to saving Zamtel we are confident that it will go from strength to strength, and be held up as a shining example of how a telecoms operator, and an important national asset, can be turned around to the benefit of the whole population. The positive results, which are already beginning to show, will speak for themselves.

[IT News Africa]

London Judgement not a UK case-British High Commission

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The British High Commission has said that the London Judgement involving second Republican President Federick Chiluba was not a United Kingdom (UK) case.

A brief press statement from the Press and Public Affairs Section of the British High Commission today said that the London judgement was brought and pursued by the government of Zambia and not the British government.

The statement said recent reports suggest that there may be a misunderstanding with regards to the London judgment.

This was in an apparent reference to Chiluba’s UK judgement whose registration in Zambia has since been overturned by the Lusaka High Court.

The statement said that the civil trial was brought by the Attorney General of Zambia in the UK in order to recover funds which were transferred to the UK, mainly to an account held at Zambia National Commercial Bank Limited (ZANACO) in London, by the Zambia Ministry of Finance between 1995 and 2001.

ZANIS

Removal of street vendors a challenge- LCC

Lusaka street vendors

The Lusaka City Council (LCC) says the removal of street vendors from streets in the city of Lusaka has continued to remain a challenge.

Council Public Relations Manager Chanda Makanta said there has not been any corporation from the vendors who have continued to return and trade from the streets.

Ms Makanta explained to ZANIS in an interview in Lusaka today that members of the public were also encouraging the venders to trade on the streets by buying from them.

She said if the general public was not encouraging them, street vendors would not see the reason of trading from the streets but would instead utilize markets that the council has built for them.

Ms Makanta also wondered why despite the local authority sensitizing members of the public not to buy from street vendors, most of them continue to do so.

She said this has made people think that the LCC has failed to remove the vendors from the streets when the fact was the opposite.

Ms Makanta further said the council was committed to removing street vendors and to make the city look clean and beautiful.

She said this was why the council has built markets for traders to operate from instead of doing business on streets.

Ms Makanta added that traders needed to understand that the building of markets by the council was done for them.

The Lusaka City Council has in the past been struggling to remove street vendors as most of them have continued to go back to trade on streets.

[ZANIS]

Lusaka street vendors

Father nabbed for defiling his 15 year old daughter

Kalomo Police have arrested a villager of Mulamfu Village in Chief Simwatachela’s area in Kalomo District has been arrested and charged with incest for defiling his 15 year old daughter and impregnating her.

Onest Simakuni is alleged to have been defiling his biological daughter since 2006 and consequently made her pregnant.

Southern Province Police Commanding Officer Lemmy Kajoba confirmed the development to ZANIS in Livingstone yesterday and disclosed that the 15 year old minor has a three months old baby alleged to have been fathered by Simakuni.

Mr Kajoba said Simakuni was expected to appear in court soon.

[ ZANIS ]

UPND Southern Province members to vote for RB if PACT floats Sata

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The United Party for National Development (UPND) provincial leadership in Southern Province has vowed to support President Rupiah Banda during next year’s elections if the UPND- PF pact decided to float Patriotic Front President Michael Sata in next years elections.

Speaking to ZANIS in an interview in Lusaka yesterday some UPND provincial leaders who refused to be named said they were not happy with what was going on in the pact.

They advised UPND leader Hakainde Hichilema not to deceive himself by thinking that UPND members would vote for Mr. Sata if Mr. Hichilema was not picked as pact president.

And Southern Province Minister Daniel Munkombwe has disclosed that UPND members are resigning from the party in massive numbers due to the fire that has engulfed their party.

Mr Munkombwe said the people of Southern province have now realized that the PF/UPND pact was a burning house and that members were scampering to other parties for fear of being burnt.

He said the MMD in the province was encouraging their former members to rejoin the party they once belonged to before the formation of UPND.

“No one can stay in a burning house. The UPND-PF pact is burning and some Members from the UPND are resigning in massive numbers rejoining the ruling Party. This can be evidenced from the large number of people who attended the Vice President George Kunda’s rallies in the province over the weekend” Mr Munkombwe said.

The provincial minister said all those UPND members who were still pondering to leave their party should just resign and join the working MMD government and support President Banda during the forthcoming general elections.

He said before the end of the year, the Pact would crumble and called on the UPND leader Hakainde Hichilema to leave the pact and work with MMD government for the benefit of the Zambian people.

Due to the reported wrangles that have besieged the pact, UPND has since formed a committee which is going to look into the issues regarding the pact impasse with their partner Patriotic Front (PF)

The party’s National Management Committee recently held an urgent meeting where some party members allegedly asked the party leadership to abandon the pact.

ZANIS

I have been vindicated- FTJ

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Former Republican President Dr Fredrick Chiluba

The office of the second republican president Dr. Frederick Chiluba said that it feels vindicated over the London court Judgment.

Dr. Chiluba’s spokesperson Emmanuel Mwamba has also said that it is not right for the people of Zambia to start blaming the Zambian judiciary for the country.

Mr. Mwamba stated that the judiciary should be respected as they have operated in a dignified manner. He also said that it is not right to call the second Republican President a thief when he has been proved otherwise by the Zambian courts of law.

Featuring on Monday Nite Live Last evening. Mr. Mwamba stated that Dr. Chiluba should be respected as a Former Head of State.

And Mr. Mwamba has blamed the Zambian media for failing to explain to the Zambian people on the true account that led to Dr. Chiluba to be tried by the London court.

A Zambian High Court on Friday ruled that the London Judgment involving former president Fredrick Chiluba cannot be registered and therefore enforced in Zambia.

A London High Court judgment delivered by Judge Peter Smith in 2007 froze Chiluba’s pension and two properties in Ndola and also found him and others liable of defrauding the Zambian government of about US$46 million.

Zambia’s Attorney General commenced civil proceedings in the London High Court against Chiluba and others to recover monies that were allegedly stolen using bank accounts hosted in London.

QFM

Weekend Scorecard

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Here are the results from both the Super Division and Division 1 games played this past weekend.

FAZ Super Division

Week 21

15/08/2010

Nkwazi 1 (Keegan Phiri 2″)-Nchanga Rangers 1(Moses Mwape 65″ pen)

14/08/2010

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″)

Choma- Eagles 3(Aubrey Zulu 17″ 87″, Tresford Mhango 69″)-Lusaka Dynamos 0

Postponed
Zanaco-Red Arrows

2010 TOP SCORERS

15/08/2010

Dube Phiri (Red Arrows): 11

Chileshe Kabwe (Nchanga Rangers): 7
Keegan Phiri (Nkwazi): 6
Luka Lungu (Power Dynamos): 6
Kennedy Chola (Green Buffaloes): 6
Chipulu Chileya (Konkola Blades): 6

Aubrey Zulu (Choma Eagles): 5
Patson Kaimana (Lusaka Dynamos): 5
Jackson Mwanza (Zesco United):5
Enock Sakala (Zesco United): 5
Vanecious Mapande (Zanaco): 5
Reuben Tembo (Green Buffaloes): 5
Douglas Chiwaya (Nkana):5
Lineker Mwikisa (Green Buffaloes): 5
Mathews Macha (Zanaco): 5
Winston Kalengo: 5

Simon Bwalya (Power Dynamos): 4
John Musukwa (Green Buffaloes): 4
Kameta Mutambo (Forest Rangers): 4
Graven Chitalu (Konkola Blades): 4
Makundika Sakala (Zanaco): 4

FAZ Division One

15/08/2010
Week 24

North
Mining Rangers 2- Konkola Mine Police 3
Ndola United 0- Kitwe United 0
Mufulira Blackpool 0- Indeni 2
Lime Hotspurs 1- Mufulira Wanderers 0
Mufulira Police 1- Kalewa 4
Medical Stars 2- Chambishi 1
Chingola Leopards 1- Kalulushi Modern Stars 0
Prison Leopards 1- Mansa Health Stars 0
Zamtel- Chindwin Sentries*

*Not played, Zamtel failed to pay match officials and raise a team.

South
Nakambala Leopards 6- Zesco Shockers 1
Green Eagles 2- Mazabuka United 0
Young Green Eagles 1- Riflemen 0
Paramilitary 2- Kafue Celtic 2
Luena Buffaloes 2- Lusaka City Council 2
Lusaka Tigers 0- Nampundwe 1
Kalomo Jetters 3-TP Rangers 1

Profund Warriors-Communite*
Livingstone Pirates-Kummawa*
*Not played

LAZ writes Attorney General over London judgment

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 ]

Judicial Colonialism: Why the London Judgment was Doomed Right from the Start

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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!

Milupi Refutes Media allegations of MMD apointment

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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.

ZANIS

Judges urged to uphold the integrity of their calling

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Chief Justice Ernest Sakala inspect a guard of honour during the of High Court session in Lusaka
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.

ZANIS

Politics and Justice in Zambia

47

By Gerald Nkisu Katayi

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.