The Livingstone Magistrates Court has ordered the arrest of Southern Province Minister Joseph Mulyatawho has been charged with corruption, after he failed to appear before court this morning for plea.

Magistrates Edson Shanduba accused the minister of trying to defeat the course of justice by pretending to be attending to national duties and has since revoked his police bond and issued a bench warrant.

“Having listened to both the Defence Counsel and the public Prosecutor, I take it that the accused in this matter is faking to be attending to national duties in order to avoid the court session,” Magistrate Shanduba said.

“Arrest him and put him in prison,” he ordered.

The accused person who is also Southern Province Minister failed to appear before court this morning but asked the court to excuse his inability to appear today.

He said that Mr. Mulyata’s failure to appear before court was not a sign of his lack of respect for the judicial process or the court adding that it was beyond his control.
The Defense Counsel representing Mr Mulyata said the accused has been in Lusaka registering for the National Constitution Conference (NCC).

“My client seeks the court’s indulgency to excuse his inability to appear in compliance with the court condition as he is currently held up in Lusaka for the NCC registration and I therefore ask the court to commit the matter to any date of its choice,” the Defence Counsel submitted.

The counsel said the that the NCC is a state programme and that as minister and legislator it was his duty to be law abiding.

However, the public prosecutor expressed disappointment at the Defense Counsel’s failure to inform the court in good time.

The prosecutor argued that the accused was aware that he was supposed to appear before court this morning.

“The accused person was aware that he was to appear before this honorable court today. In the absence of tangible evidence as to whether he is sick or has a break down, our position as state is that his bond be revoked.” The prosecutor said.

“We are disappointed as state in that we have traveled all the way from Lusaka. Our colleagues should have communicated to us in advance especially that we are using tax payers’ money,” the prosecutor stressed.

He said the term ‘national duties’ is too wide and that there was need to furnish the court with such national duties that were more important than the matter before court.

And speaking in a telephone interview with ZANIS, Mr. Mulyata said it was unfortunate that the court had to revoke his bond despite his earlier attempts to have his case be heard on a later date.

Mr. Mulyata said he could not be in two places at the same time and added that was the reason his two sureties were at hand.

He said his lawyers were working on the matter to ensure that he appears in court on Monday.

“This is a trying moment for me but I will try to get permission from NCC so that I could attend the court session on Monday next week.” He said.

Mr. Mulyata is charged with one count of abuse of authority of office contrary to cap 991 of the Laws of Zambia by allowing an overloaden bus belonging to Lusaka Businessman Geoffrey Bwalya Mwamba hence disadvantaging Government from collecting the road traffic tax.

Opposition Patriotic Front (PF) Kantanshi Member of Parliament (MP) Yamfwa Mukanga has disclosed that he shall not be a delegate to the National Constitutional Conference (NCC) which starts sitting in Lusaka next week.

Mr. Mukanga who is also PF Chairman for Mines and Minerals Development says his decision is based on merit and principle.

The pronouncement by the law maker now means that he was the only MP from Mufulira who will not sit on the NCC.

He told ZANIS in an interview in Mufulira today that as a God fearing person, he did not want to be part of a group of people who were allegedly only interested in sitting on the NCC primarily for money.

Mr. Mukanga noted that the allownaces being paid to NCC delegates was exaggerated and far too much.

He added that such colossal sums would be alternatively channeled to other needy areas such as poverty alleviation, health and education.

Mr. Mukanga added that it was not in order for its delegates to be paid hefty allowances when Government has been adamant to increase salaries and conditions of services for public service workers.

The Kankoyo MP said if Government reduced the per diem for NCC delegates, a number of participants will shun the NCC sittings.

He further proposed that NCC delegates should instead be paid fifty thousand Kwacha lunch allowance per day to see how genuine and patriotic they were.

Two other PF MPs Marjory Masiye for Mufulira central and Percy Chanda for Kankoyo have already registered as members at the NCC secretariat.

In separate interviews with ZANIS today, the two MPs refused to give details on why they have accepted to sit on the NCC.

MP, Chanda, referred all quieries to Bangweulu PF MP Dr. Peter Machungwa.

And Ms. Masiye said she did not want to wash dirty linen in public as the issue of MPS sitting on the NCC was purely an internal matter.

She added that she had her own personal opinions over her involvement with the NCC.

Yesterday,Spokesperson for PF MPs who have decided to participate in the NCC, Dr Peter Machungwa told the media after the swearing in cermony that it was essential that the PF leaders strengthened the position of those with similar views in the NCC.

Over 300 NCC members were yesterday sworn in at the Mulungushi International Conference Centre by Chief Justice Ernest Sakala.

Meanwhile, Defence Minister George Mpombo says the fact that most Patriotic Front Members of Parliament have registered for the National Constitutional Conference shows that the Patriotic Front was at its crossroads.

Mr Mpombo commended the PF MPs for the stance they had taken saying they had not allowed to be ruled by dictatorship.

”The Patriotic Front had called on its people to boycott the NCC process but most people have
registered. This means that the party is at crossroads,” he said.

Mr Mpombo was speaking in Livingstone yesterday when he officially closed the Zambia-Mozambique Joint Permanent Commission on defence and security at Chrismar Hotel.

He said MPs were elected by people adding that they had demonstrated the confidence bestowed on them by their electorates adding that the MPs had also demonstrated the confidence they had in government.

Mr Mpombo also said the NCC process had started on a resounding note adding that a lot of people had registered to take part in the process which was unparalled in the history of the country.

He said the broad based representation that had been captured had restored the confidence the people of Zambia had in the process.

”In any society, there are divergent views but they cant stand for the majority,” he said.

On Wednesday, twenty-seven PF MPs registered for the NCC in defiance of Party President Micheal Sata who warned of their expulsion.

MMD Youths on the Copperbelt have commended government halting corruption cases against Democratic Republic of Congo (DRC) Katanga province Governor Moses Katumbi as a good move that would build strong Diplomatic ties between the two countries.

Provincial Youth Chairman Nicholas Nzunda told ZANIS in kitwe today that the youths were grateful with the stance taken by government to clear Mr Katumbi as it will help build good relationship between Congo DR and the Zambian government for the benefit of its citizens.

He said the decision taken to clear Mr Katumbi of graft charges will help resolve alot of problems that affected businessmen who used the pedicle road to do business.

He challenged Dr Rodger Chongwe to stop accusing government for making peace with Mr. Katumbi.

Mr Nzunda said Mr Chongwe should stop bickering but should instead put national interest first before personalizing matters that involve neighbouring countries.

Mr Nzunda said Mr Katumbi was a very senior person and influential leader in Congo and that Mr. Chongwe should therefore desist from making political mileage over the issue that affected many people.

He appealed to Mr Chongwe to concentrate on his law firm and direct his energy and assist the suspects in remand prisons who have not been tried for a long time.

About 338 registered members of the National Constitutional Conference (NCC) have been successfully sworn in before Chief Justice Ernest Sakala at Mulungushi International Conference Centre (MICC) in Lusaka today.

The 338 members are part of the approximately 500 members expected to participate in the constitution making process.

NCC Secretary, Russell Mulele announced this in a statement made available to the Zambia News and Information Services (ZANIS) in Lusaka today.

Mr Mulele advised members who have not registered yet, to do so quickly adding that the secretariat will remain open up to Monday December 17th, 2007.

He noted that the last swearing in ceremony is scheduled to take place on Tuesday December 18th in readiness for the first sitting on Wednesday December 19th, 20007 at MICC.

Mr Mulele indicated that the secretariat would remain open on Friday and Monday from 09:00 hours to 17:00 hours while on Saturday it will be open from 09:00 to 13:00 hours.

Meanwhile, About 27 opposition Patriotic Front Members of Parliament have said their decision to participate in
the National Constitution Conference (NCC) is to strengthen debates and contribute to the outcome of the new constitution.

Luapula MP, Peter Machungwa, who spoke on behalf of other members, said the NCC was an important conference that would lead to the final constitution, hence the need for the party MPs to use it to contribute to the supreme law of the land.

Over 20 PF MPs today took oath before Chief Justice Ernest Sakala at Mulungushi International Conference Centre to participate in the NCC, which starts sitting in Lusaka next week, defying party president, Michael Sata’s directive for them to boycott the conference.

Yesterday Mr. Sata issued a warning that those who have accepted to participate in the NCC would be disciplined by the party if they did not rescind their decision or resign from the party.

This prompted the PF MPs to hold a brief meeting after they were sworn in as NCC members today

Dr. Machungwa said the participation of PF MPs in the NCC would allow them to represent their electorates in the constituencies since not everyone could be appointed to the conference.

“We would like to put it on record that the MMD refused to include amendments to the NCC act so that it is all inclusive, for this reason, we have decided to go and join other people in the NCC to bring about change to the constitution,” he explained.

He explained that boycotting the NCC sittings would only give an opportunity to some people to manipulate the contents of the next constitution.

On disciplinary threats from Mr. Sata, Dr. Machungwa hoped the party leadership would realise the importance of the MPs’ contribution to the NCC and what they have done before towards the constitution making process.

He however said the problem that would arise from their decision would be resolved as an internal matter within the PF.

Dr. Machungwa said it was strange to learn that the PF counsellors that decided to participate in the NCC would be disciplined despite them being nominated by their councils.

Meanwhile, Chief Government Spokesperson Mike Mulongoti has said MPs that have decided to participate in the NCC should not be intimidated by their parties but that they should do so for the interest of their electorates.

Mr. Mulongoti, who is also Minister of Information and Broadcasting, said today that the NCC members have a duty to come up with a national constitution that should stand a test of time.

Earlier, PF Ndola Central MP, Mark Mushili withdrew his participation to the NCC citing personal reasons.

Mr. Mushili has since returned the money he got for his upkeep during the registration and brief sittings in Lusaka.

23 members of parliament from the opposition Patriotic Front have defied a directive from the party leadership to boycott the National Constitutional Conference (NCC). The Members of parliament have registered to be part of the NCC.The PF MP’s turned up at parliament building Wednesday morning to register their names to take part in the constitution making process.

Government has defended its decision to discontinue and close all corruption cases against Democratic Republic of Congo-DRC Katanga Province Governor Moses Katumbi due to diplomatic ties that exist between Zambia and that country.

Chief Government Spokesperson Mike Mulongoti said the move was purely for economic interests and peace between the two countries, saying the choice was for Zambia to either paralyse its economy by having conflicts with the DRC or to resolve all standing matters amicably

Mr. Mulongoti who was speaking in an interview with Journalists in Lusaka today explained that Mr. Katumbi ceased to be an ordinary citizen when he won the elections as Governor saying it was not good to pursue one of the country’s neighbour’s Government figure.

Mr. Mulongoti who is also Minister of Information said Government weighed the situation, of either maintaining friendliness with DRC or to be at loggerheads.

Government’s move to discontinue Katumbi’s case has triggered public outcry with some sections of society contending that this will dent its corruption crusade.

And Mr. Mulongoti has said it is good to see that the citizens of Zambia have decided to forge ahead with the constitution making process by participating in the National Constitution Conference-NCC.

Mr. Mulongoti said delegates to sit on NCC will articulate what they feel is right for the country and to carry the mandate of the people they represent.

He pointed out that it is not good for some people to say they were going there to fight someone saying they should simply admit that they were wrong in the first place to snub the NCC.

Delegates to the NCC yesterday commenced registration at Mulungushi International Conference.

Government has invited various stakeholders to take part in the NCC sittings although some organisations have rejected the offer.
The NCC sittings will commence next week on 19 December