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.

[Times of Zambia]

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.

[Zambia Daily Mail]

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.

[Times of Zambia]

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.

[Zambia Daily mail]

TODAY’S SCRIPTURE

“But as for me, I shall sing of Your strength; Yes, I shall joyfully sing of Your loving kindness in the morning, For You have been my stronghold and a refuge in the day of my distress”
(Psalm 59:16, NAS).

TODAY’S WORD from Joel and Victoria

Everyone goes through situations and circumstances in life that can cause distress, worry or anxiety. The key to overcoming these situations is exactly what David did in today’s verse. Even though David’s very life was at stake, He knew that His source of strength and victory was in His worship. He knew that He would find refuge during the day of distress as He sang praises to the Most High God.

No matter what you’re facing in life today, realize that there’s no better place for you to be than in the presence of Almighty God. Everything you need is found in Him. When you begin to worship Him, when you call upon His name, He promises to be near you. And when God shows up on the scene, the enemy must flee! Today, if you’ve been fighting discouragement, worry or anxiety, cast those cares on the Lord. Come into His presence with singing and enter His courts with praise. Let Him be a refuge for you and give you the strength you need to overcome every obstacle in Jesus’ name!

A PRAYER FOR TODAY

Heavenly Father, I humbly come before You today. I declare that You are good and faithful. I will sing of Your love and mercy. Fill me with Your strength and joy as I worship You. In Jesus’ Name. Amen.

– Joel & Victoria Osteen

United Party for National Development (UPND) president Hakainde Hichilema says has refused to be dragged into the debate that the Patriotic Front (PF) won the Chifubu by-elections single handedly.

Mr Hichilema said he would use right channels to resolve squabbles affecting the UPND/PF pact.

UPND on the Copperbelt has accused PF of not being sincere in view of recent utterances byPF vice-president Guy Scott.

The UPND said it was disappointed with Dr Scott who portrayed the PF as being more popular than the UPND.

But Mr. Hichilema said that such debates should not be allowed in the public.

He said that it is pure immaturity to allow such debates to occur in the media as they are right channels to discuss such matters.
[ QFM ]