DEFUNCT Access Financial Services Limited directors Faustin Kabwe and Aaron Chnugu and their lawyer John Sangwa have sued Task Force on Corruption executive chairman Maxwell Nkole for alleged false imprisonment.

The alleged false imprisonment relates to an incident in which Task Force officers held the trio under siege at the magistrates’ court complex for about four hours when they attempted to arrest Kabwe and Chungu after the duo ignored call-outs to appear before the anti-graft agency last year.

This is contained in a statement of claim filed in the Lusaka High Court by Mr Sangwa.

He says on December 24, 2008 at about 09:30 hours, while he was talking to Kabwe and Chungu, police officers wrongfully and without reasonable cause forcibly detained and prevented them from leaving the complex until 13:00 hours when they were allowed to leave.

This was after Kabwe and Chungu had attended a court session in another case where they are jointly charged with MMD national secretary Katele Kalumba and four others for corrupt practices.

Mr Sangwa states that the officers acted on the premise that they had instructions from Mr Nkole to arrest Kabwe and Chungu.

“The police officers were at all material times under the direction and control of the defendant in the purported performance of his functions.

In the premises, the plaintiffs were wrongfully imprisoned and deprived of their liberty, and Mr Nkole is liable to the plaintiffs in respect of such imprisonment,” Mr Sangwa said.

He says the officers’ conduct was arbitrary, oppressive, illegal and or unconstitutional, and that the plaintiffs were therefore claiming exemplary damages.

Mr Sangwa says the officers failed or refused to listen to the plaintiffs’ explanation or pleas and threatened to use force on them.

“The police officers were armed with AK47 automatic rifles which they threatened to use. The imprisonment of the plaintiffs took place in full view of court officials and private legal practitioners,” he said.

Mr Sangwa says the officers ignored the plaintiffs’ explanation that there was a court order staying the defendants’ decision to arrest Kabwe and Chungu.

He says Kabwe and Chungu were kept without food or access to a lavatory during the said period.

[Zambia Daily Mail]

The Lusaka High Court has rejected an application for bail by Former Ministry of Health permanent secretary Kashiwa Bulaya.

Dr. Bulaya had applied for constitutional bail pending appeal after the High Court upheld a three year jail term slapped on him by a Lusaka Magistrates Court on December 26 last year.

He was found guilty of abuse of authority of office when he irregularly awarded a contract to BUTICO A One of Bulgaria.

The contract was for BUTICO A One to supply Elixir 9 a herbal HIV/AIDS remedy amounting to over K3-billion.

Supreme Court Judge Marvin Mwanamwambwa sitting as High Court judge dismissed the application saying it had no merit.

Justice Mwanamwambwa maintained that Dr. Bulaya’s appeal has no chance of succeeding and that there will be no delay in disposing of the appeal if it goes to the Supreme court as claimed.

He said bail application is a discretionary relief and Dr. Bulaya is not entitled to it as a right.

The Judge said for the court to exercise its discretion to grant bail,the appeal must have three things which include, a chance of succeeding or whether it will take long to be heard because of the delay in preparing the record of appeal.

Justice Mwanamwambwa said the fact that Dr. Bulaya had been attending court trial while on bail is not an important consideration at this stage because during trial he was an innocent person and now he is a convict.

The Judge also said issues of Dr. Bulaya’s personal health and the possibility of contracting a communicable disease in prison are also not considered at this stage because he is a convict.

ZNBC

People whose maize was slashed on hill slopes in Chipata district on Wednesday will be compensated.

Chipata Central Member of Parliament, Lameck Mangani confirmed the development in a telephone interview. Mr. Mangani said that the Chipata District Disaster Management Committee will go to the hills and assess the damage to see how the affected families can be assisted, although he did not disclose the kind of aid to be provided.

The MP, who is also Lusaka Province Minister, however, warned that the move to assist the affected families is not an acknowledgement that people should continue cultivating on the hill slopes.

Mr. Mangani said that cultivating on hill slopes contributes to land degradation. He said that this is because the hills are left bare resulting in heavy current of water from the hill slopes, damaging property and roads in the townships.

Meanwhile, Mr. Mangani has condemned the move by the residents to stone his building in Nabvutika compound in protest against the council’s action.

The MP said that it was also unfortunate that the residents had intentions to go and slash maize at the republican president, Rupiah Banda’s farm along the Chipata-Mfuwe road.

He strongly condemned the action by the grieved residents, saying people should not take the law into their hands. The residents on Wednesday took to the street stoning the building belonging to Mr. Mangani, a shop for Nabvutika Area Chairman for Zone 3, Dauzen Mwanza and a house belonging to Chipata mayor Sinoya Mwale.

This was in protest against the move by the council to slash their maize planted on the hill slopes. The slashing of maize has also sparked confusion between the mayor and the ruling Movement for Multiparty Democracy, MMD’s leadership, with the mayor facing disciplinary action.

ENDS/HN/PK/ZANIS

The Southern Africa Centre for Constructive Resolution and Disputes( SACCORD) and Forum For Democratic Process( FODEP) has welcomed the collaboration  of  United Party for National Development UPND and Norwegian International Liberal Party.

SACCORD executive director Lee Habsonde said the collaboration of the two political parties is an important development that will help  UPND  learn  from the Rebel International Party on how to manage conflict within their political party.

He said  local political parties need to learn from these parties how to manage internal political affairs within themselves.

Speaking to ZANIS in an interview in Lusaka today Mr.Habasonde added UPND will be a more strengthened party.

Mr. Habasonde however urged other political parties in the country to find such partners who can assist their party to enrich the democratic process in the parties.

FODEP president Stanley Muhango stressed the need for political parties to build capacity such as the  exchanging of  ideas, sharing  of  experiences with other international parties on issues of democratic governance.

Mr Muhango said that it was important for the local political parties to merge with well known international parties that will not bring danger to the country.

He challenged the political parties to strengthen their political parties as a way of knowing how best to run a party and form a good government.

Meanwhile UPND spokesperson Charles Kakoma said the party signed a memorandum of understanding MOU with the Norwegian liberal party yesterday with a high power delegation led by their vice president who visited Zambia.

Mr. Kakoma noted that the UPND has entered into a working relationship with the Norwegian Liberal party to work on areas of capacity building between parties.

UPND is a member of the liberal interaction a group of all liberal parties in the world.

ZANIS/AH/MKM/ENDS

A Zimbabwean firm has expressed interest in investing Kasaba Bay with an initial investment capital of US$ 8 million.

The foreign company Matetsi Wild Life Enterprise has since engaged government into the possibility of investing in the Mpulungu based bay.

Company Director Charles Davy disclosed after the tour of the bay that his company was keen in investing in Zambia because of the country’s enabling investment climate and growing economy.

President Banda said such investment would go a long way in promoting the northern tourism circuit .

Mr. Banda said government will do everything possible to facilitate such meaningful investment.

He said government would work on infrastructure such as roads and airports in a bid to promote a good climate for investment.

Mr. Banda said tourism is key to the country’s economy particularly at a time when the country is trying to diversify its economy.

Meanwhile, speaking before departure for Lusaka, Mr. Banda said his administration would strive to ensure that all provinces got a fair share of development.

Mr. Banda, further, reiterated the support that Northern Province gave his candidature and the MMD party during the October 30 presidential elections.

The President said his administration would work to fulfill its election campaigns.

Mr. Banda was in Northern Province for a three day official visit during which he inspected the abandoned tourism infrastructure at Kasaba Bay in Mpulungu District.

President Banda also paid courtesy call on the paramount chief Chitimukulu in Mungwi district and also officially opened the Provincial Auditor General’s office

ZANIS/AM/MKM/ENDS