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

A LUSAKA resident has sued former President Kenneth Kaunda over parentage.
Lwimba Kaunda has taken Dr Kaunda to court for Zambia’s first head of State’s failure to recognise him as his son.

Lwimba, of Chazanga township, Lusaka, is also suing Dr Kaunda for reconciliation.
The matter, which was scheduled to be heard yesterday in the Lusaka Boma local court, was adjourned to a later date.

The adjournment follows a letter written by Dr Kaunda in which he has asked to be excused as he is out of the country.

According to the summons, Dr Kaunda, of State Lodge, Lusaka, was commanded in the name of the President to appear before the court yesterday.

And the case in which MMD national secretary Katele Kalumba and six others are charged with corrupt practices over alleged overpayment to Wilban Corporation and Systems Innovations for security installations at strategic Government institutions has been adjourned to January 25, 2010.

Others charged with Kalumba are former Ministry of Finance and National Planning permanent secretary Stella Chibanda, former director of budget Boniface Nonde, former Ministry of Finance chief economist Bede Mpande, former Secretary to the Treasury Benjamin Mweene and former directors of Access Financial Services Limited Aaron Chungu and Faustin Kabwe.

The adjournment follows failure by one of the defence lawyers, John Sangwa, to appear before court.
High Court deputy director of operations Edward Musona, sitting as a magistrate, heard that Mr Sangwa was not well.
[Zambia Daily Mail]

THE Law Association of Zambia (LAZ) has said the judgment involving Lusaka lawyer Rodger Chongwe’s claim for compensation should have first been registered in the Zambian courts before payment is considered.

LAZ president Steven Lungu said in an interview yesterday that the judgment should have first been registered in Zambia for it to have legal efficacy especially that no Zambian Government official represented the country when Dr Chongwe took the matter to United Nations Human Rights Committee (UNHRC) following the 1997 Kabwe shooting incident.

He said since Dr Chongwe did not exhaust all the local channels before taking the matter to the UNHRC, it was prudent that the matter was registered for it to have legal efficacy.

“One of the conditions for one to take the matter that far is to first exhaust all local channels but in this case, nothing like that was done,” Mr Lungu said.

He said the amount awarded to Dr Chongwe as compensation was too much as compared to what the Zambian courts award as compensation.

And Chief Government Spokesperson Ronnie Shikapwasha echoed the LAZ sentiments saying it was only correct to ensure the matter was registered in Zambia, especially that Dr Chongwe had not given reasons he took the case to UNHRC without first exhausting all the local channels.

Lieutenant General Shikapwasha said the LAZ observation was right because the Zambian Government should not be made to pay even for issues of Dr Chongwe’s alleged self imposed exile.

Gen Shikapwasha said issues of where Dr Chongwe took the matter and why he decided to take the matter to Australia were some of the legal aspects that needed to be heard before the compensation could be effected.

“For example, who forced Dr Chongwe into exile, is it not himself? And why should Government be made to pay for that?

These are some of the issues that need to be heard before even thinking of effecting payment,” he said.
He said it was sad that some opposition leaders speak the loudest on issues they did not have facts about but failed to apologise to the nation when Government presented the correct facts.

When contacted for a comment, Justice Deputy Minister Todd Chilembo referred all queries to the acting Attorney General(AG) Abyudi Shonga.
However, Mr Shonga’s mobile phone was not reachable.
On Monday, State House said President Banda in fact had on November 30, 2009 blocked the payment of US$6.7 million to Dr Chongwe because the amount was too excessive and was going to set a bad precedent.
President Banda’s Special Assistant for Press and Public Relations Dickson Jere said Dr Chongwe’s compensation which initially stood at US$2.5 million had accumulated to US$6.7 million as a result of additional amounts in legal costs and loss of earnings.

Mr Jere explained that President Banda blocked the payment of the compensation which was eventually agreed upon after Dr Chongwe’s meeting with Justice Minister George Kunda who is also Republican Vice-President and later the AG, without the knowledge of the president.

[Times of Zambia]