THE Lusaka High Court has dismissed Lusaka lawyer Kelvin Hang’andu’s petition over the decision by the Director of Public Prosecutions (DPP) to withdraw an appeal involving former Republican president Frederick Chiluba.

High Court Judge Gregory Phiri said in his ruling that Mr Hang’andu’s petition was improperly taken to court and that its cause was speculative in nature, form and bore an unclear cause of action.
Mr Justice Phiri said the petitioner’s interest was too remote to sustain a challenge under Article 28 of the Constitution of Zambia.

Mr Hang’andu had petitioned the High Court over DPP Chalwe Mchenga’s withdrawal of the notice of appeal filed by dissolved Taskforce prosecutor, Mutembo Nchito against the acquittal of Dr Chiluba.

He said although the DPP had the authority to stop the appeal against Dr Chiluba’s acquittal, he should have consulted the attorney general before doing so.

“As regards the petitioner’s claim that this petition discloses a cause of action, in my view of my finding, the petition’s interest is too remote to sustain a challenge under Article 28, it will be purely academic to exhaustively discuss this claim and that it is improperly before this court and must be dismissed,” he said.

The judge wondered what facts the petitioner intended to prove in order to attach liabilities to the attorney general when seven of his nine proposed witnesses, including the AG were from the respondent’s side.

He said, according to Mr Hang’andu’s list of witnesses filed before the court, only two proposed witnesses were from outside the respondent’s realm like reporters from The Post newspapers George Chellah and Kennedy Phiri from Muvi TV.

Mr Justice Phiri wondered how the AG, who had been sued, could be the petitioner’s key witness, saying this clearly showed that the petitioner’s cause was speculative in nature.

Solicitor General Abyudi Shonga had submitted that the petitioner had failed to exhibit any proof that he had locus in this matter and that he also failed to show that the petitioner’s rights had been personally affected.

Mr Shonga said the petitioner also failed to show any cause of action he was attempting to disclose and therefore the liability, which he hoped to be attached to the respondents, could neither be seen nor identified.
But Mr Hang’andu, in response to Mr Shonga’s submissions, had argued that he had interest in the criminal trial and that he had shown the discontinuance of the said appeal filed by State prosecutor affected him as a citizen of Zambia.

The petitioner had also contended that when the State or prosecutor filed a criminal prosecution, he had no liberty to discontinue it at his will for it was not only his concern but that of every citizen because crimes were an injury against public welfare.

[Times of Zambia]

First Lady Thandiwe Banda has commended the Chinese government for its investment in Zambia. She urged Chinese Ambassador to Zambia Li Qiangmin to woo more investors from his country to Zambia in an effort to develop the country.

Mrs. Banda further commended the Chinese government for identifying Zambia as their preferred destination for investment. The First Lady said this in Lusaka today when she toured Huazhan Manufacturing Company, Huawei Tele-communications and Golden Bridge Hotel to familiarize herself with their operations.

The First Lady was accompanied Vice President George Kunda’s wife, Ireen, ministers’ spouses, Chinese Ambassador to Zambia Li Qiangmin’s wife Zeng Hongyan and senior members of staff from the Chinese Embassy.

She expressed gratitude at the level of investment the firms have injected into the Zambian economy and hoped that the lives of Zambian people would be accelerated to enjoy the benefit of the investments in the country.

“I’m impressed with the level of investment the Chinese government has injected into our economy. If we had more committed investors like Huazhan Company, Huawei Tele-communications and Golden Bridge Hotel, our people can begin to see a brighter side of life. You would not have come to invest in our economy if the investment climate was not conducive and please continue being a true partner of Zambia,” Mrs Banda said.

She further pointed out that China and Zambia both enjoy warm bilateral relations that have continued to flourish from the 1960s.[quote]

“Such investments we have seen today do contribute massively to the improvement of relations between the two countries. Real partnership demands that both parties benefit and please do carry a massage to other investors back in your country that in Southern Africa, Zambia is on the move into the right direction due to the friendly, supportive and genuine investment initiatives,” Mrs Banda said.

She assured that Zambia is on the right track to becoming a middle income country by the year 2030 as exhibited by the fast rate of development due to government’s political will and fiscal policies.

Meanwhile, Huawei Zambia Managing Director Dajiang Xin revealed that his firm has projected a US$30 billion profit this year compared to US$23 billion in 2008. Mr. Xin further said Huawei has created over 2,000 jobs for the local people and assured that Zambia stands to benefit greatly from China.

He said Huawei is geared to transform the corporate market in the country in a competitive manner but most importantly add value to the Zambian products.

And Chinese Ambassador to Zambia Li Qiangmin has disclosed that at least 200 companies from China will come in the country before the end of this year and over 100,000 jobs will be created in Zambia next year.
The Chinese Envoy commended President Rupiah Banda for his good administration and urged the two peoples from both countries to rally behind and support President Banda to finish his vision.

ZANIS

Patriotic Front Leader Michael Sata was last evening on Straight Talk Africa – an international call-in talk show hosted by Shaka Ssali. The show features topics of special interest to Africans, including politics, economic development, press freedom, health, social issues and conflict resolution. Last evening’s topic was :

Can the United States, or any other industrialized nation, compete with China’s growing  influence in Africa?

<p>The other guest, in addition to Mr Sata, was Professor Sharon T. Freeman, President and Founder, All American Small Business Exporters Association Author, China, Africa, and the African Diaspora: Perspectives

Below is the audio of the show. Click on the play button to listen to the show. You can also download the show for both audio or video in case you need to fast forward to the relevant bits.

Right click on the links and Save As.. to save the file on your PC

For Low Bandwidth Download  just The Audio Here:

For others Download the Show Video Here

LUSAKA lawyer, Rodger Chongwe has said it was nonsensical and embarrassing for the Law Association of Zambia (LAZ) to suggest that his judgment should be registered locally because Zambia is a signatory to the United Nations Human Rights Treaty.

Speaking in an interview from West Australia, Dr Chongwe said yesterday that since Zambia was signatory to United Nations Human Rights Treaty, there was no need to register judgments passed by the United Nations Human Rights Tribunal with the Zambian courts before executing them.

He said judgments which required to be registered were those obtained in individual countries such as the United Kingdom.

“I did not register to the Zambian courts, the Government is aware why. I have the right to go to the UN Tribunal because my country is a signatory and its judgment is not bound to the Zambian courts. There is a difference. It is better for LAZ to understand issues before commenting because these are national matters,” he said.

He said it was not true that the Zambian Government was not represented during proceedings because after judgment was passed, the Government applied to the UN to have it reviewed but the application was rejected.

But LAZ president, Steven Lungu maintained his earlier stance on the registration of Dr Chongwe’s judgment and wondered how else it could be enforced if not registered locally.

“If Dr Chongwe insists that there is no need for registration, then it’s his opinion. I am not misleading the nation, and what LAZ is not comfortable with is the fact that he is involving the president. This is wrong, we have the Ministry of Justice to deal with such matters,” he said.

Dr Chongwe said it was nonsensical and embarrassing for LAZ to suggest that his judgment should be registered locally because the treaty signed was between the UN and Zambia.[quote]

He said the Government should pay him because he was not the first one who would be awarded damages without having the judgment registered locally, claiming that many Zambian convicts who dragged their cases to the UN Tribunal had been awarded damages or had their capital sentences replaced with life imprisonment.
“In 1998, Chiko Bwalya was awarded damages by the Zambian Government after he won the case under the UN Tribunal. His case was not registered, so why should people raise eye-brows over my case? It’s probably they are not studying the cases, these judgments are different as well as their verdicts,” Dr Chongwe said.
The Government should not claim that it was not represented when it had even written to the UN Tribunal requesting to have the order re-opened but the tribunal rejected the request.

Dr Chongwe said then attorney general, Bonaventure Mutale had written to the Zambian Government to support the decision of the UN Treaty and asked it to pay him and this was copied to the UN in Geneva and the International Bar Association.

He said this did not raise any contentions at that time and it was only that the payment was not effected. He saw no reason why the contention should be raised now because the figure had risen.

Dr Chongwe was claiming for US$2.5 million plus interest of $700 per year since 2000 when the verdict was passed in his favour.

The claim results from a shooting incident which happened in Kabwe in 1997. He advised Mr Lungu and people who wanted to understand international law to consult professional international lawyers.

[Times of Zambia]

ZESCO has bemoaned the continued mushrooming of structures built under its high voltage pylons.

Cooperation Senior Manager for Marketing and Public Relations Lucy Zimba said a team of experts has since been dispatched to Lusaka’s Chawama compound to investigate the escalating levels of the problem.

Ms Zimba said in an interview with ZANIS in Lusaka today that it is illegal for people to build under ZESCO pylons as doing so is a risk to life and infrastructure.

She said ZESCO is partnering with the Lusaka City Council (LCC) to find possible means on how to bring the vise to a stop.

Meanwhile Ms Zimba has disclosed that the transformer that blew up in Choma district causing power outages for one week has been replaced.

She said the transformer was replaced on Monday bringing the situation back to normal.

And speaking in a separate interview LCC Spokesperson Henry Kapata confirmed that they have had meetings with the department of engineering at ZESCO on how they can partner to end building of structures under ZESCO pylons.

ZANIS

Movement for Multiparty Democracy (MMD) Matero Constituency Chairperson Daniel Mwepu has challenged former Defense Minister George Mpombo to tell the nation the real reason that led to his resignation from government.

Daniel Mwepu said instead of issuing immature statements against the MMD and the able leadership of President Rupiah Banda, Mr. Mpombo should be brave and tell the Zambian people why he resigned as Defense Minister.

Mr. Mwepu told ZANIS in a walk in interview in Lusaka today that Mr. Mpombo’s continued careless statements just shows the nation how immature he is.

Mr. Mwepu said no one in government or the ruling MMD forced Mr. Mpombo who is also Kafulafuta Member of Parliament (MP) to resign from his position as Defense Minister.

Meanwhile, Mr. Mwepu noted that Mr. Mpombo was not an asset to the MMD party hence the need for him to be sincere in his utterances.

He has since challenged Mr. Mpombo to go and form his own political party if he is not happy in the MMD.

Mr. Mpombo resigned from government and has since come under fire for using unpalatable language on the MMD and President Rupiah Banda.

Zambia News & Information Services