
LUSAKA Resident Magistrate, Charles Kafunda has up-held the issuance of the warrant of distress on former Zambia Intelligence and Security Services (ZISS) Director General, Xavier Chungu to six months in prison with hard labour following his failure to pay the K500 million he was asked to pay for jumping bail.
Mr Kafunda said the application made to the High Court could have not served as a stay on the issuance of the warrant of distress in the criminal case, thereby making the application incorrect.
“The true position is that the 14 days have since elapsed and the K500 million was not paid, and I see no reason why the application to the High Court should serve as a stay on this criminal case,” Mr Kafunda said.
He said this when making a ruling on an application by defence lawyer Nicholas Chanda to set aside the warrant of distress until the matter was heard by the High Court to consider the revision of the amount involved and also to grant Chungu bail.
During hearing of the application before Mr Kafunda, Mr Chanda said the issuance of the warrant of distress was defective and irregular because the request to grant the accused bail and the revision of the K500 million-bail fee had not been heard by the High Court.
“The impression being created that my client has been jailed for failure to pay the K500 million is not true because we made an application to the High Court seeking the review of the fee and ruling is coming up this afternoon (Tuesday),” Mr Chanda said.
He said the application was made before the 14 days elapsed, meaning there was a stay of execution on the warrant of distress because the application was before the High Court.
But Magistrate Kafunda dismissed the application, saying the issuance of the warrant of distress was not defective and irregular.
“In your application, you stated that the stay is effective before the matter is heard, but there is nothing like that in law and I have no reason why the warrant of distress should not be effective,” Mr Kafunda said.
Later, Lusaka High Court Judge Florence Lengalenga rejected an application to grant Chungu bail and also to revise the K500 million fee slapped against him for jumping bail.
Judge Lengalenga rejected the application by Mr Chanda when she delivered ruling on the request to grant Chungu bail and also to revise the K500 million.
High Court Deputy Registrar Jones Chinyama ordered Chungu to pay K500 million for jumping bail.
“I cannot grant you bail because of the past history when you attempted to flee the country using an aircraft and you actually fled the country later, and that betrayed the trust of the Courts,” Judge Lengalenga said.
On the application to have the K500 million revised, Judge Lengalenga said granting the application could have set a bad precedence in the country’s judicial system.
She said such a ruling could be used as an example by people who might jump bail.
“I cannot revise the K500 million bail fee because the accused signed and bound himself to the amount. Doing so will result in setting a bad precedence because my ruling will be given as an example,” Judge Lengalenga said.
She said if Chungu was not happy with the bail fee, he could have appealed against the amount four years ago and not after jumping the bail.
[Zambia Daily Mail]