A THIRTY- FOUR year old Kitwe business woman today narrated in the Kitwe High Court how she had received a call from a man allegedly informing her that he had killed his lover Stein Lomuthuzi Mwenso.

Before High Court Judge Catherine Makungu was Barbara Chipasha Whiteman, 34 a businesswoman of Flat one, Club Street in Kitwe’s Nkana West, Zambia

This is in a case in which Malcolm Lwamba 24 is accused of murdering Lomuthuzi Mwenso Stein aged 32, contrary to section 200 of the penal code chapter 87 of the laws of Zambia.

Facts before the court were that Lwamba, on May 9 this year, in Kitwe did murder Stein Lomuthuzi Mwenso.

Ms. Whiteman told the court that around 23:00 hours on the material day, she received a call from Lwamba informing her that he had killed her best friend Lolo (Lomuthuzi).

She said a few minutes later, Lwamba called her again asking her to inform Lolo’s mother that he had killed her precious daughter.

She further told the court that when she asked him why he had murdered her best friend, Lwamba allegedly said he killed her because he was tired of being treated like crap.

Ms. Whiteman also told the court that Lwamba later sent her a text message on her mobile phone saying that he was sorry for murdering Lolo and that he was going to flee to the Congo but if caught by the police, he was going to serve the jail sentence like a man.

She further said around 03:00 hours the same night, Lwamba allegedly phoned again asking her if Lolo had really died.

When asked by the defense lawyer Kelvin Bwalya if she still had the message allegedly sent by Lwamba, Ms. Whiteman said it got deleted.

Earlier, another witness Kaoma Mulongoti 26, of P3-03 Ndeke Changachanga Township, told the court that he heard Lwamba and Lolo quarreling behind the house.

Mulongoti, who was living in the servants quarters at the couples’ house, said he was woken up by Lolo’s daughter, Justina and the guard around 22:00 hours and was informed that Lolo and Lwamba were fighting.

He said when he got outside the house, he heard screams coming from behind the house where Lolo and Lwamba were fighting from.

He said he then went behind the house but could not see anything because it was dark but he could hear the couple arguing on top of their voices.

Mulongoti said he called out for Lwamba who told him to mind his business because the wrangle was purely personal.

He said he again heard Lolo screaming and he decided to check what was happening but he could not see anything because it was dark.

He called for Lwamba who assured him that he was not going to harm Lolo.

Mulongoti said later Lwamba came from behind the house and asked Mulongoti to give him fresh clothes from his bedroom because the ones he was wearing were dirty.

Mulongoti added that he refused and asked him to send his step daughter Justina.

He told the court that Lwamba asked his step daughter to get into the house because he wanted to change his clothes.

He further said when he finished changing his clothes Lolo’s mother and the father drove into the yard and Lwamba decided to ran away.

Mulongoti said when Mrs. Stein came out of the car and asked for her daughter, she was told that she was behind the house.

He said when she checked behind the house, she could not see her daughter because it was very dark adding that at that point, a search for her was conducted.

He said that they found Lolo lying unconscious in a furrow behind the house with blood coming out from her face.

Mulongoti said they tried to lift Lolo but her body was slippery because there was water, which was poured her.

He said they managed to lift her, put her in her mother’s vehicle and rushed her to their Company Clinic where she was pronounced dead.

Trial continues.

ZANIS

Mr. Muchanga says it is gratifying to see Zambians in Ethiopia teaming up to contribute resources towards the holding of important events such as Independence Day celebrations which government can no longer fund due to budgetary constraints.

This is contained in a press statement issued to ZANIS in Lusaka today by First Secretary for Press at the Zambian Embassy in Addis Ababa in Ethiopia Dorcas Chileshe.

He said as a result of such strong team spirit, Zambians living in that country have become a shining example of a community ready to support its government’s programmes willingly.

Mr. Muchanga was speaking when he addressed Zambians in Ethiopia during a come together end of year event in Addis Ababa organized by the Zambian community.

He urged the Zambians in Ethiopia to reflect on the year 2009 with the view of strengthening their team spirit in the coming year.

He further added that there was need to unite and explore ways in which they can participate in national development.

And Chairman of the Association of Zambians in Ethiopia Cosmas Chanda said he was happy with the unity existing amongst the Zambian community in Ethiopia.

Mr. Chanda has since urged the Zambians living in that country to continue exhibiting unity and peace as that was the identity of Zambians.

ZANIS

Ndola City Council Public Relations Manager Roy Kuseka confirmed the development in an interview with ZANIS in Ndola this morning.

Mr Kuseka said the 12 patrons, who included seven boys and five girls, were picked up from Sosikile bar in Masala, Dolphine and Chez Ntemba night clubs in the town centre while others were from Mutambala, Chipolopolo and High Life nightclubs in Chifubu.

He said the underage patrons have since been surrendered to Ndola central police station. He said would talk to the owners of the named night clubs on the same issue.

Mr. Kuseka has since called on parents to help the local authority by stopping their under age children from leaving their homes at night.

He said the battle which local authorities have embarked on was a serious one and it therefore needed concerted efforts to win.

He further said this was a presidential directive which should be adhered to by all citizens, including the parents of the underage patrons.

And speaking in a separate interview, Ndola District Commissioner Moses Mumba said the problem of children patronizing night clubs should be attributed to their parents.

Mr. Mumba explained that some parents were fond of spoiling their children all in the name of modern life and human rights.

He said there was need for the local authority to counsel both the underage patrons and their parents.

He urged parents to be responsible for their children and not to leave the responsibility of looking after the welfare of their children to government. ZANIS

He said the DPP was supposed to operate independently and that if people had questions about certain decisions, they should be able to state the basis of the wrongs that he had done and later follow the channels that be.
“No one in this country has exclusive powers other than those of the DPP. His decision only matters, others don’t because they don’t have such powers. This is a sad development. This behaviour does not contribute to the strengthening of the law, it is actually lawlessness,” he said.
He said LAZ was not supposed to undermine a legal institution because its obligation was to strengthen it and that those without evidence should learn to accept the outcome of cases.
He said LAZ was well-versed in law and knew that the DPP was the only one in the country with exclusive powers, whose actions on whether to further prosecute a matter or not, should be respected because he does that under constitutional provisions.
He said LAZ was supposed to be operating as a statutory body with specific obligations under the law by providing guidance and not like non-governmental organisations (NGOs).
“LAZ should learn to accept the opinion of the DPP. It is his opinion that matters and not anybody else’s, when the DPP makes a decision unless there is evidence of it being tainted. Otherwise nobody’s decision is as vital as his, who are we to question it? We must respect that. LAZ doesn’t have constitutional powers,” he said.
Mr Sangwa said the only time one could question the DPP’s move was when there was enough evidence that his decision was tainted or influenced.

He said in the current debate, LAZ could only question the DPP’s actions to withdraw second Republican president, Frederick Chiluba’s appeal if it had enough evidence that the DPP’s action was tainted.
“The only time you can question the DPP’s move is when you have evidence that he did not make his decisions independently, if he was bribed or coerced, then his decision was tainted, this can only be challenged in the courts of law and not in the Press,” he said.
He said LAZ was well aware of all legal procedures and wondered why it had decided to speak through the media and yet taking the matter to court was not a difficult thing to do as both parties would be given time to exculpate themselves accordingly.

He said the DPP would be given an opportunity to inform the court if his decision was tainted or coerced as well as LAZ and that the court would be allowed to make a ruling, which ruling should be accepted by both parties.
“If there are grounds for LAZ to impeach the decision of the DPP, the best is to move the court, ask it to quash the decision of the DPP against the appeal of Dr Chiluba and then compel him to appeal.

Times of Zambia