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He said the British and Colonial Judgments Act was repealed by the Foreign Judgements Ordinance 12 of 1959.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 ]

VICE president George Kunda has urged the church in Zambia to use its spiritual mighty in bringing about peace and harmony as the nation approaches the 2011 presidential and general elections.

Speaking at the Anglican Church centenary celebrations at saint Marks high school in Choma today, the vice president said the church in Zambia is expected to promote political reconciliation where tension is imminent among citizens.

The vice president said because politics and religion are intertwined, it is necessary to identify common ground where the church and
politics can work together for the benefit of the people.

He urged church leaders to stop any form of violence during the forthcoming presidential and general elections. Vice president Kunda said the nation cannot have a situation in which people are injuring, maiming and destroying property during elections campaigns.

He said church leaders should be able to stop any form of violence during elections. He however expressed sadness at the conduct of some senior church leaders who are involved in hurling insults, finger pointing and counter-accusations.

The vice president said this conduct is a great departure from Christian principles. Vice president Kunda urged churches in Zambia to choose leaders of their choice in the upcoming polls irrespective of tribal belonging.

He also urged the Media in the country to help promote an environment in which next year’s elections will be held in a peaceful environment.

The vice president commended the Anglican Church for taking a none partisan stance. He said the church has also been complementing government in the provision of educational and health services.

Vice president Kunda said the church has made tremendous contribution to the social-economic development of the nation in the last 100 years of its existence in Zambia.

And the church has said it will continue supporting government in its endeavor to develop the nation. Bishop for Lusaka diocese David Njovu also says the church is extremely happy with the support it is rendering to small scale farmers which has resulted in the country recording a bumper harvest in the 2009/2010 farming season.

“The church acknowledges the support government is giving to small scale farmers. This support has resulted in the country recording a bumper harvest,” he said.

He urged government to ensure the rehabilitation of road infrastructure is completed in time to facilitate marketing of produce.

Bishop Njovu was speaking at Saint Marks High school in Choma today during the church’s centenary celebration.

He said the church will continue supporting the government of the day while heralding ethical values that enrich the nation. Bishop Njovu said the church will continue to be the salt and light that enrich the nation.

ZANIS

The National Constitutional Conference (NCC) yesterday resolved to drop the requirement of a first degree or its equivalent from the qualifications for a presidential candidate and agreed to revert to the status quo as provided in the current Constitution.

Considering submissions from the public on the Draft Constitution, the NCC plenary yesterday resolved unanimously to remove article 108 (e) from the Draft Constitution.

According to article 108 (e) in the Draft Constitution a person shall be qualified to be a candidate for selection as president if that person has obtained, as a minimum academic qualification, a first degree or its equivalent from a recognised university or institution.

However, debating the 182 submissions from the public that rejected the clause, one of the NCC commissioners and Vice-President George Kunda said this was a bad clause.

“Mr chairperson it is a bad clause and it should be removed. It has been well articulated by the petitioners who have opposed the clause and the current status quo should be retained,” he said.

Another commissioner Divo Katete said the education system in Zambia was such that many people end up at diploma level.
He supported the removal of the clause.
Njekwa Anamela said most Zambians were opposed to the inclusion of the degree clause in the new constitution.
“During the recess I listened to many voices and they are against this clause,” he said.

Chieftainess Nkomeshya Mukamambo II also supported the removal of the clause.

Another commissioner Bishop Chileshe said the clause has the potential to divide the country.

On Article 110 for the election of the president which provided that the returning officer shall declare the presidential candidate who receives not less than 50 per cent plus one of the valid votes cast, the conference resolved that the people through the referendum would decide.

The conference adopted article 130 that Cabinet ministers would be appointed from amongst members of the National Assembly.

The conference also agreed to reduce the number of constituencies from the 290 that were approved in Draft Constitution.

Contributing to the debate on the reduction of the number of constituencies commissioner Mkondo Lungu said the reduction should be in accordance with the delimitation process.
[ Times of Zambia ]