Police in Chililabombwe on the Copperbelt Province have arrested and detained two suspects for sodomising a club DJ at a guest house after a drinking spree.

Copperbelt Police Commanding Officer Sharon Zulu said the two suspects and another who is on the run allegedly sodomised a 23-year old club DJ of Chililabombwe by the name of Cleopas Sukamanga at a Guest House in the early hours of Wednesday morning.

Ms. Zulu identified the suspects as Cephas Mutambo aged 26, Robson Ngambi aged 27, a Pharmacy attendant while another suspect only identified as Kelvin is on the run.

She narrated that Sukamanga was sodomised by the three in a room at a guest house as they slept after a drinking spree.

Ms. Zulu said the victim reported to police in Chililabombwe that he caught one suspects Mutambo in the act in the room – sodomising him as he sustained anal pain after the incident.

Police have since instituted a manhunt for the other suspect only identified as Kelvin and docket of case opened.

“Sodomy, reported at Chililabombwe Police Station on 14/09/22 at 15: hours, occurred on 14/09/22 between 00:00 hours and 03:00 hours at Mukinga Guest House Chililabombwe in which male Cleopas Sukamanga, aged- 23 of House No 5 Crossways Kamenza T/ship Chililabombwe, a Club DJ, reported that he was sodomized by three male persons he knows and can identify. He was caused to sustain a painful anus and general body pains,” Ms. Zulu said.

“Brief facts are that, the complainant who is a DJ at SEAL five bar in Chililabombwe was at work when three guys entered the bar to buy beers at 2000hrs. Among the three he only knew M/ Mutambo Cephas, aged-26, of Mine area Chililabombwe, other details unknown, As they were drinking, around 2200hrs the three told the victim to relocate to another drinking place. They all got into a car and went to Mukinga Guest house which has a bar inside. While there one of the three men booked a room,” she said.

“Immediately after entering the room the victim slept as he was drunk, whilst asleep he experienced terrible anus pains. He immediately woke up and found that he was completely naked and the other colleagues were all naked while one of the men was found in the act, his penis was inserted in his anus. He stopped him, later dressed up and went out of the room heading home and this was around 03:00 hours., Whilst home the pain persisted and the complainant took it upon himself and started looking for the suspects at about 12:40 hours whilst in town searching, he spotted one of the three suspects and alerted the members of the public for help, He was apprehended and taken to police were the matter was reported and the accused person led to the apprehension of another suspect male Robson Ngambi, aged 27, of C_ Section Mine area Chililabombwe a Pharmacy attendant at Medcorp pharmacy Chililabombwe, while the other suspect only known as M/Kelvin is on the run. Police have since instituted a manhunt for him. Docket of case opened, Medical report form issued to the victim and arrest made on the two suspects,” Ms. Zulu concluded.

Cases of sodomy are on the rise in some parts of the country.

This week, Police in Lusaka announced that they are investigating a case in which five pupils of Islamic Education Trust of Zambia are alleged to have been sodomised by three older pupils at the same school.

The five pupils, aged between 11 and 12, are alleged to have been sodomised between February 2020 and September 2022 by the suspects who are all said to be aged 16. In a statement, Wednesday, police spokesperson Rae Hamoonga said the matter was reported on behalf of the five pupils by Kassim Tembo, 40, a Religious teacher at the Islamic School.

Police in Lusaka last Tuesday revealed the arresting of a 42-year-old man of Lilayi area for raping his 31-year-old garden boy.

According to a statement from police spokesperson Rae Hamoonga, Dorras Ricardo broke into Bright Simasiku’s house on September 10 and had carnal knowledge of him against the order of nature.

Ricardo has since been charged with sodomy.

Last June, Police in Kaoma arrested a 31-year-old teacher at Kashokoto Primary School for sodomy.

The development was confirmed by Western Province Acting Commanding Officer, Fwambo Siame to ZANIS who indicated that Mwiya Imebo 31, a teacher of Kashokoto Primary School compound in Kaoma, is alleged to have had carnal knowledge of his male colleague by the name of Alvin Mwanza of Lusaka’s Chawama compound at the time he paid him a visit.

Mr. Siame said it is alleged that the incident happened between June 11-12, 2022 after Mwiya offered Mwanza a cup of tea shortly before going to bed, believed to have been intoxicated.

Veteran politician and ex-diplomat Vernon Johnson Mwaanga has praised President Hakainde Hichilema’s calm reaction to the Lusaka High Court’s decision to stop the Kabushi and Kwacha Parliamentary by-elections from going ahead as planned on 15th September 2022.

The court on Tuesday granted the request by former Kwacha PF Member of Parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo to suspend the by-elections in the two constituencies pending determination of the matter in which they have contested the Electoral Commission of Zambia’s decision to declare their nomination invalid.

In reaction, President Hichilema said the Lusaka High Court’s decision to stop the Kabushi and Kwacha Parliamentary by-elections from going ahead as planned on 15th September 2022 shows how the New Dawn government has restored Zambia’s democracy.

Judges Mwape Bowa, Sharon Newa and Catherine Phiri ruled that though the High Court does not have the authority to make a determination on constitutional matters, Article 52(4) of the constitution gives it the power to handle challenges relating to nominations in an election.

Speaking to journalists in Ndola on the Copperbelt, President Hichilema said the UPND government has brought orderliness, rule of law, democracy and sanity in the courts.

He said the opposition should thank the UPND administration for restoring fairness and orderliness in court.

“The issue is that in a democracy, in a land of the free, the freedom we fought for. The brutality we took out, the lawlessness we took out, guns, teargas, bullets, we also have brought space, democratic space, rule of law. When a citizen or citizens go to court or the government is involved in that process. There is only one outcome. A decision will be made in favour of one litigant against one another. That is the democracy we fought for. That litigant who has won could be a citizen like you (journalist) over whatever matter. The one who has lost is another citizen or the government or a company. This is normal and I am surprised Zambians are beginning to talk a lot around this issue,” President Hichilema said.

Meanwhile, Dr. Mwaanga described President Hichilema’s reaction to the sudden postponement of elections in the two Parliamentary constituencies as amazingly calm and mature.

The former Information Minister said President Hichilema respected the right of citizens and organizations seeking redress through the courts of law.

Dr. Mwaanga said the High Court ruling on Tuesday 13th September, 2022 left a great majority of citizens confused.

“It was stated a few weeks ago that some independent candidates would be sponsored to withdraw from the race just before voting day, to induce a postponement of the elections. The High Court ruling Tuesday 13th September left a great majority of our citizens confused. The President of the Republic of Republic of Zambia, Mr Hakainde Hichilema spent days campaigning in the two constituencies and he was preceded by the Vice President Mrs Mutale Nalumango. After the refusal of the Electoral Commission of Zambia (ECZ), to accept the eligibility of former Members of Parliament whose election had been annulled, went on to announce that elections in the two constituencies would go ahead as originally scheduled on 15th September. Then came the bombshell ruling of the High Court two days before the voting, which was reported to have stopped the voting on 15th September. This ruling was received with mixed feelings. Money was spent by those candidates and ECZ had spent on preparations and printed ballot papers, deployment and training of officials who would oversee the elections,” Dr. Mwaanga said.

“We are certainly strengthening our democracy, judging from some of the irresponsible and abusive statements being against leaders, including the President. We fought for the reintroduction of democracy, but democracy is not the equivalent of anarchy. President Hichilema’s reaction to the sudden postponement of elections in the two Parliamentary constituencies was amazingly calm and mature. He respected the right of citizens and Organizations to seek redress through our courts of law, when they feel aggrieved. It is their Constitutional right to do so. Democracy does not mean that the laws of our country are no longer applicable. It is the same even in the advanced and older democratic countries. I fear that most of the values which were left by our founding fathers have been thrown out of the window. Intolerance and evil thoughts have now taken centre stage,” he said.

Dr. Mwaanga also called on politicians not to treat each other as enemies.

“In a democracy, disagreements are normal, but even when we disagree, our disagreements should be civil, temperate, and respectful and not become vulgar. Politics are not about war or violence. They are about service to the people who are our masters. Opposing politicians should not treat each other as enemies, but mere opponents with competing ideas. Our political leaders should tame their tongues. What we urgently need is a postmortem of what has just happened and where we went wrong, to be immediately followed by the appointment of a special committee to tidy up the mess in the Constitution of Zambia, which was left by the PF government. In addition to sealing loopholes and curing lacunas, the committee should also look at outstanding issues such as the need for increasing the representation of women in Parliament and Local Councils,” Dr. Mwaanga said.

President Hakainde Hichilema has with immediate effect suspended Director of Public Prosecutions (DPP) Lillian Siyuni. The President has since appointed Katongo Ian Waluzimba as acting DPP for administrative convenience.

President Hichilema has acted on the recommendations contained in the report presented to him by the Judicial Complaints Commission (JCC).

Presidential spokesperson Anthony Bwalya says in a statement to the media last evening that the suspension of the DPP is an exercise of the powers vested in the President pursuant to Articles 182 (3), 144(2) and 144(3) of the Constitution of Zambia.

Two weeks ago, DPP, Ms Siyunyi applied for judicial review in the High Court with an interim demand for an order to stay the decision by President Hakainde Hichilema refusing to grant her a waiver of the Oath of Office so she defends herself before the Judicial Complaints Commission (JCC).

Ms Siyunyi also sought an order to stay the hearing of complaints lodged by the public with the JCC pending determination of her application and wanted an order quashing the decision of the President.

According to a notice of application for leave to apply for judicial review filed by her lawyers AMC Legal Practitioners in the Lusaka High Court, Ms Siyunyi contended that the decision of Mr Hichilema to refuse to grant her a waiver of the Oath of Office in respect of the matters complained of by the public lodged with JCC is illegal.

The DPP further added that this is ultra vires Section 5(1) and (2) and Section 6 of the Official Oaths Act chapter 5 of the laws of Zambia as read together with article 182 (1) and (3) and article 93(1) of the Constitution (amendment) Act no. 2 of 2016.

“It is contended that the President failed to understand the contents of the oath of office made pursuant to section 11 of the Official Oaths Act and the provisions of article 93(1) of the Constitution. That the applicant can only directly or indirectly receive or transmit any information or matter made known to her by reason of her office except as may be required in the discharge of her duties as such or with the authority of the President and that the decision or instruction of the President shall be in writing under the President’s signature,” she states.

The DPP contended that the waiver she was seeking ought to be in writing and under the hand of the President and not the Attorney General.

Among the reliefs sought is a declaration that the decision of the President refusing to grant her a waiver of the Oath of Office in respect of the matters complained of is unconstitutional and therefore illegal.

She sought a declaration that the decision of the JCC dated August 22, 2022 that decides that Article 93(1) of the Constitution (amendment) Act no.2 of the 2016 falls under Part VII of the constitution and therefore that the President’s decision denial to grant her a waiver of the Oath of Office need not be in writing and under his signature and in additional that the decision that the letter from the Attorney General Mulilo Kabesha dated August 4, 2022 denying her the same was a proper decision, is unconstitutional and thus illegal.

Ms Siyunyi also wants the court to declare illegal the decision of the JCC dated August 22, 2022 that decided that the hearing of the complaints against her proceed is unconstitutional and therefore illegal.

She seeks an order that she is entitled to a waiver of the Oath of Office in respect of the specific complaints lodged by the public with the JCC to defend herself.

If granted leave, Ms Siyunyi wants it to operate as a stay of the decisions or further processes to which the application relates until the determination of the same or until the court orders otherwise pursuant to order 53 rule 3 (10) (a) of the rules of the Supreme Court of England, 1965,1999 edition Vol.1.

She has also requested for an oral application pursuant to rule 3(3) of order 53 of the rules of the Supreme Court of England, 1965, 1999 edition volume 1.

Ms Siyunyi said facts are that after his Presidential inauguration, Mr Hichilema called for Zambians to complain in numbers against her and lodge their complaints with JCC.

She stated that the sentiments by the President were also echoed by the Justice Minister Mulambo Haimbe.

She said the first complaint to be lodged was on November 20, 2021, a complaint by directors of Ultimate Insurance Firm Tobias Milambo, Nachi Musonda and Richard Lubemba who alleged that she had abused her authority in the case of The people vs the trial, 25PP/172/2019.

On December 22, 2021, the MMD filed a complaint involving motor vehicles that were impounded in 2011 by the PF government administration and released to the claimants pursuant to the judgement of the High Court dated May 23, 2016, in the case of Robinson Mukuka Blonde vs ACC 2013/HP/0654.

Musician and activist Fumba Chama, alias Pilato, also lodged a grievance alleging incompetence and gross misconduct that she interferes with the Drug Enforcement Commission when they laid fresh charges in the case of The People vs Milingo Lungu (former Konkola Copper Mines provisional liquidator).

Other complaints were lodged by DEC and other members of the public.

Ms Siyunyi contends that at the times the complaints were lodged with JCC, the commission could not sit to hear the complaints as it could not form a quorum.

She said that when commissioners required under the Judicial (code of conduct) Act no. 13 of 2013 were appointed, the Commission did on April 25 , 2022 in writing inform her of the complaints lodged with the JCC requesting that she responds to the said complaints within 14 days.

“On April 25, the applicant responded to JCC informing them that she was constrained to respond to the complaints as her responses would hinge on information or matters that she received or came across in the course of her duties as DPP.”

“The applicant further informed the commission that she had also written to the President to seek clearance as she was constrained by the Oath of Office that she swore and that she shall only be able to respond once she received the clearance,” she said.

She states that she also wrote advising the commission that there was an active matter before ConCourt under cause 2022/CCZ/007 invoking the jurisdiction of that court on whether the DPP is a judicial officer amenable to JCC.

She states as she waited on the response from JCC, she received a letter dated May 3, 2022 from Mr Christopher Mundia Junior, the special assistant to the President – Legal stating that:

“Kindly be advised that your request is untenable at law as the constitutional process under article 182(3) of the Constitution of the Republic of Zambia does not require the President to waive the Oath of Office of an office bearer. Precedent exists to this effect. Further, no provision under our laws permit the President to waive the Oath of Secrecy of a public servant bound by that oath as you suggest”.

The DPP states that through her lawyers she wrote to the Attorney General disputing the response from Mr Mundia not being within his mandate and explaining that the waiver she sought was pursuant to the provisions of the Official Oaths Act, chapter 5 of the laws of Zambia.

She said that the Attorney General responded to the letter saying he had not had sight of the letters by her to the President and the response thereto by Mr Mundia.

Ms Siyunyi also contends that the commission proceeded to schedule the hearing of the complaints on July 18, 2022 despite the President not granting her the waiver.

“In its ruling dated July 19, 2022, the JCC recognising the severity of the punishment on conviction for disclosure of information or matter that came under her consideration as provided for under the State securities Act , chapter 111 of the laws of Zambia, which is a term of imprisonment of not less than 15 years but not exceeding 25 years . The commission ruled: “ …it seems to us that the gist of the matter is that if she is not granted a waiver she would incriminate herself and be amenable to sanctions as provided for in section 4 Chapter 111 of the laws of Zambia,”

The said sections states: “Shall be guilty of an offence and liable on conviction for imprisonment for a term of not less than 15 years but not exceeding 25 years,”

She states that the JCC decided to adjourn the hearing to July 25, 2022 and insisted that the Attorney General respond to the letter.

Ms Siyunyi states that at the next hearing, she raised a preliminary issue stating that the purported denial for the grant of the waiver was from the Attorney General and not from the President, the appointing authority.

She said that the JCC ruled that the response from Mr Kabesha dated August 4, 2022 indicating the denial of the waiver of the Oath of Office was authoritative enough and allowed the Commission to proceed with the hearing.

President Hakainde Hichilema is today expected to fly into Angola to witness the inauguration of President-elect, Jao Laurenco.

The inauguration of the Angola President Laurence is for the second term of office.

The ceremony comes in the wake of the country’s most closely fought election held on 24th August 2022.

Zambia’s ambassador to Angola, Lawrence Chalungumana, confirmed President Hichilema’s participation in the Presidential inauguration in Luanda this evening.

Ambassador Chalungumana said Angola as a strategic partner in Zambia’s quest to enhance access to cheap petroleum products and other ventures of economic value.

He said President Hichilema, as Zambia’s Chief Marketing Officer, is interested in ensuring that Zambia and Angola deepen relations for the meaningful economic benefit of the two countries.

As the world mourns Queen Elizabeth, Anglican Priest Fr. John Emmanuel Kapambwe has been explaining the relationship between the Anglican Church and the British monarchy.

Queen Elizabeth II, the United Kingdom’s longest-serving monarch died last Thursday at Balmoral aged 96, after reigning for 70 years. She died peacefully on Thursday afternoon at her Scottish estate, where she had spent much of the summer. The Queen came to the throne in 1952 and witnessed enormous social change.

In a lengthy comment, Fr. Kapambwe said the Queen or King of England is the figurehead of the Anglican Church while the Archbishop of Canterbury is the Spiritual Head of the Anglican Church.

The Mkushi-based Anglican Priest said the British monarch is considered the supreme governor of the Anglican Church.

“The Church of England, or Anglican Church, is the primary state church in England, where the concepts of church and state are linked. The Church of England is considered the original church of the Anglican Communion, which represents over 85 million people in more than 165 countries. While the Church upholds many of the customs of Roman Catholicism, it also embraces fundamental ideas adopted during the Protestant Reformation. The British monarch is considered the supreme governor of the Church. Among other privileges, he or she has the authority to approve the appointment of archbishops and other church leaders. In fact one to be the King or Queen of England must be an Anglican. The Church of England contends that the Bible is the principle foundation of all Christian faith and thought. Followers embrace the sacraments of baptism and holy communion,” Fr. Kapambwe said.

“The Church claims to be both Catholic and Reformed. It upholds teachings found in early Christian doctrines, such as the Apostles Creed and the Nicene Creed. The Church also reveres 16th century Protestant Reformation ideas outlined in texts, such as the Thirty-Nine Articles and the Book of Common Prayer. The Church of England sustains a traditional Catholic order system that includes ordained bishops, priests and deacons. The Church follows an Episcopal form of government. It’s divided into two provinces: Canterbury and York. Provinces are separated into dioceses, which are headed by bishops and include parishes. The Archbishop of Canterbury is thought to be the most senior cleric in the Church. The Church’s bishops play a lawmaking role in Britain. Twenty-six bishops sit in the House of Lords and are referred to as the “Lords Spiritual.”Generally, the Church embraces a way of thinking that includes scripture, tradition and reason,” he said.

Fr. Kapambwe continued:”The Church of England is sometimes referred to as the Anglican Church and is part of the Anglican Communion, which contains sects such as the Protestant Episcopal Church. Each year, about 9.4 million people visit a Church of England cathedral. The Church of England’s earliest origins date back to the Roman Catholic Church’s influence in Europe during the 2nd century. However, the church’s official formation and identity are typically thought to have started during the Reformation in England of the 16th century. King Henry VIII (famous for his many wives) is considered the founder of the Church of England. The British monarch is considered the supreme governor of the Church. Among other privileges, he or she has the authority to approve the appointment of archbishops and other church leaders.”

“In conclusion, suppose one argues that the Head of the Anglican Church is the Archbishop of Canterbury, what can be the response to help that person? The explanation I can give is; anyone who the Archbishop of Canterbury is the Head of the Anglican Church is right in some way and the one who says the Queen or the King of England is the Head is right in some-ways. Why do I respond in this way? My understanding is that the Queen or King of England is the Figurehead of the Anglican Church while the Archbishop of Canterbury is the Spiritual Head of the Anglican Church. May the Lord grant peaceful rest to the Queen,” Fr. Kapambwe said.

Queen Elizabeth is now lying in state in Westminster Hall – hundreds of thousands of people are expected to file past her coffin in the coming days.