The Watch Zambia

16/08/2023

06/02/2023

MILINGO LUNGU vs ATTORNEY GENERAL AND ADMINISTRATOR GENERAL

By New Dawn Reporter
And here is the verbatim of what transpired in Court on the last sitting of the 31st January, 2023, in a matter in which, former Konkola Copper Mines Provisional Liquidator Milingo Lungu is challenging his rearrest by the Drug Enforcement Commission (DEC) breaching the immunity he enjoys.

Court: Can we have appearances, please?

Jonas Zimba: If it may please you may ladies and my lords. I have been permitted to place State Counsel, Sakwiba Sikota S.C of Central Chambers on record, and I am J. Zimba of Messrs, Makebi Zulu Advocates appearing for the petitioner. Also included on the record will be Mr. M. Zulu for the petitioner. Most obliged.

Robert Simeza: For the 1st respondent, R. M Simeza appearing with Mr. Joe Simachela, Chief State Advocate, N. Mwiya, principle State Advocate both from the Attorney General’s chambers and I also have Mr. M Nkunika from Simenza Sangwa and Associates, most obliged.

Court: This matter is coming up for trial, are the parries ready to proceed? My apologies, 2nd Respondent? There is no 2nd respondent president? In that case are the parties ready to proceed?

Makebi Zulu: Most obliged. My ladies and My lords, we were of the considered view that there being contempt proceedings on record, the said proceedings would take precedence before we can proceed to trial as has been the case in all matters where contempt proceedings are at issue. We also have on record two applications, one to amend the proceedings and another filed by our colleagues to dismiss the petition. We thus seek the guidance of the court as to how we can proceed to address those matters in their rightful order, I am much obliged.

Jonas Zimba: Just to add and in furtherance of the submissions as regards an instance where there are contempt proceedings before court, I do recall this would not be the first time Court would be faced with such an instance, as the Court did consider such an instance in the case of Mutembo Nchito S.C versus Attorney General, 29/2016 wherein an application for contempt proceedings against one Mr. Chanoda Ngwira were issued during the subsistence of the main matter, and the court determined those proceedings before going into the main matter, and to add context, the contempt proceedings were determined in about 2019 and the main matter was determined in about 2020 and the judgement was delivered on the 17th of October, 2020. My ladies and my lords, your guidance will be highly appreciated. Most obliged.

Court: Is there anything from Mr. Simeza?

Simeza S.C: My ladies and my lords, perhaps starting from the question raised by the Court, are the parties ready for trial? From the 1st respondent’s position, yes, we are ready for trial. My colleagues have raised the issue relating to the pending applications, the first being the committal proceedings against the DPP and it has been suggested that where there are contempt proceedings, those proceedings out to take precedence over the main matter. Our reaction to that is that we are not aware of any rule in the Constitutional Court rules or indeed in the Act or perhaps even in the rules of the Supreme Court which are applicable in this court which says committal proceedings out to take precedence. The case of Mutembo Nchito have been cited at authority for the proposition. We must concede that we have not had the opportunity to read that decision. Therefore, we are not able to comment on the circumstances that the court took into account in proceedings in the manner they did. Whether the contempt proceedings had a direct bearing on the issue before the court or not, is a matter which I believe may have been a consideration. Yes, there is an application we have made to dismiss the petition. We are happy to argue that application, which we believe is pretty straightfiward but in our view should not be the basis upon which this matter should be adjourned this morning. The application to amend, made by the petitioner, we are not aware of it, we have not been served, so, we are unable to comment on that application. Most obliged.

Court: Mr. Zulu, do you wish to say anything?

Makebi Zulu: Yes, my ladies and my lords, it appears to us that so far, the applications before you, the applications to dismiss the petition, the application for amendment or the petition as well as the contempt proceedings would not render it appropriate to commence trial. State Counsel alluded to their application to dismiss the petition, it was only filed yesterday although it suggested that it is straightforward, it is procedural that we out to respond to it and an application for amendment having been filed yesterday, we are certain that by the time state counsel returns to his chambers, service would have been affected, hence giving them an opportunity to respond as well. The amendment goes to the very root of the matter or the proposed amendment goes to the very root of the matter in view of the prevailing circumstance so that the petition before you, is not rendered academic. We, thus pray that this court guides in the order that we deal with the application that are before you, before we can go to the trial of the main matter. Much obliged.

Jonas Zimba: Just briefly in addition, State Counsel Mr. Simeza, did ask as regards the circumstances surrounding the contempt application before the court, and the Court will note that the contempt application before this court speaks to the contempt that goes to the root of these proceedings and as such these proceedings cannot proceed without the issue of contempt being addressed. My ladies and my, lords, a litigant appearing before this court cannot be quick to commit contempt slow to deal with it and be quick to be heard in a main matter. As regards the readiness to proceed with the motion indicated by the State Counsel, the motion to dismiss the petition in its current form is not ready for hearing. The court will note, once the motion is filed the court schedules that motion by giving direction to the parties and subsequently directions for filling in the record of motion. There are no such directions before this court and there is no record of motion before this court. It cannot, therefore, be said that the motion to dismiss the petition in State Counsel’s word is straightforward is ready for hearing. I must also add that, with the law the words straightforward does not apply because the law deal with either meting out justice or ensuring that the playing filed is leveled. I submit that this matter is not one that can proceed today as there is likelihood of prejudice on the petitioner given the circumstance that surrounding the matter today, we are therefore, not ready to proceed. Most obliged.

Court: We will stand down the matter for 15minutes.

Matter stood down.

Matter resumes:

Justice Prof. Munalula: We rose to consider the guidance asked for in relation to the issues which have been raised this morning and we took a little longer than we had thought because the court is not of one mind. I shall, therefore, intimate my own views because I am not in agreement with the guidance that the rest of the Court is going to give. I will start with that, and then my brother, Mr. Justice Chisunka will give the directions on the part of the remaining judges who are in the majority.
My position is as follows, I will not stand down the hearing of the main matter, on the basis of the application which have been made in the eleventh hour, I am not swayed by the reference to the contempt proceedings as in my view, those matters can be delt with at any time. The application served to delay the determination of the question which has been pending before this court for close to a year while this court was back and forth on procedural questions, this is not how a constitutional Court is supposed to function by not acting timely to dispose of important questions before it. This Court fails to do its work and it is my hope that this is not the way this court is going to continue to operate. I shall now ask my brother, Justice Chisunka to give directions on the part of the Court.

Justice Chisunka: Before we rose, the parties raised three issues, once relating to the contempt issue, the suggestion that it be heard first and two an application to dismiss the case and three the matter relating to the application to amend the proceedings. We rule as follows, on the contempt issue, as you are all aware, as parties to this case, the motion for contempt is being scheduled, and therefore, not ready for hearing. Two, on the motion to dismiss this must be scheduled before it can be heard.
We therefore, give the following directions, one, the petitioner to respond by filing affidavits and skeleton arguments by 3rd February, 2023, two, the first respondent to file affidavits in reply to any with the record of motion by 7th February, 2023. Three, the motion will be heard on the 9th February, 2023 at 9 hours.
Ad regards the application to amend, we give the following directions, the petitioner to serve the respondent, today. Two, the respondent to file the affidavit in position plus skeleton arguments by 3rd February, 2023. Three, the petitioner to file an affidavit in reply as well as the record of motion by 7th February, 2023, the motion will be heard by 7th February, 2023 at 9 hours.
We make no orders, to costs.

Lawyers from both parties: Most obliged

Court: Will now adjourn.

Jonas Zimba: Before the court could adjourn, I seek clarification, I have looked at the notice of motion to dismiss the petition fore being an academic exercise and I note that there is no affidavit accompanying the same. May the court guide as to whether there should be an affidavit on the part of the first respondent that have made that application?

Court: State Counsel?

Simeza S.C: The rules don’t provide for the filing of an affidavit, they simply provide for the filing of the summons or motions, so an affidavit is not mandatory requirement.

Court: Do you wish to say something Mr. Zimba before the Court responds?

Makebi Zulu: My lady if the applicants are of the opinion that they don’t need an affidavit then we are constrained, we shall make the necessary applications, most obliged.

Court: Lady Justice Sitali will respond to that.

Justice Sitali: Our guidance essentially counsel, is that you have been served or you will be served and we expect that you will respond as you consider appropriate based in the process that will be served before you.
Counsels, Most obliged.

Court: the court is now adjourned.

Credit: The New Dawn Newspaper

01/11/2022

Antonio Mwanza warns VP Nalumango over ´gang r**e´ threats

…before she becomes a target like Saboi Imboela and Bumba Malambo

01.11.22

Patriotic Front Media Director Antonio Mwanza has urged Vice President Mutale Nalumango to move and curb rising calls by UPND cadres that want to ´gang r**e´ Zambian women leaders they don’t agree with.
Mr Mwanza said although the ominous threat appears far from Government House where Mrs Nalumango currently resides, it won’t be long before the unruly cadres take it to her doorsteps.
“We called on the UPND to condemn cadres when they first threatened to gang r**e our sister our mother Ms. Saboi Imboela, we saw no reaction or condemnation from President Hakainde Sammy Hichilema or bamayo ba Witika (Vice President Witika Nalumango),” said Mr Mwanza.
“The youths threatened to gang r**e bo Saboi now they have said they want gang r**e Kafue councillor Bumba Malambo bamayo ba Witika, tomorrow they will threaten you that’s how they start, first Saboi, now Bumba next they will threaten you bamayo ba Witika.”
Mr Mwanza said Vice President Mrs Nalumango and President Hichilema will only have themselves to blame if anarchy gets out of hand as ruling UPND cadre continue showing a huge appetite for r**e and violence.
Below are some major takeaways from Mr Mwanza´s Radio Live programme aired on 97.3 FM available online:

• President Sammy Hichilema must not boast about recruiting teachers because it was PF´s plan hence the reason it built 14,000 classrooms first
• President Sammy Hichilema should not boast about recruiting medical staff because PF built hospitals and health centre’s first, trained the medical staff with the plan of recruiting them
• President Hichilema must concentrate on stocking hospitals with drugs and re agents, not arresting people
• President Sammy Hichilema must concentrate on distributing fertiliser to farmers, not arresting bo Saboi Imboela
• President Sammy Hichilema must find ways of reducing fuel prices from over K27 to the promised K12 and not remain a puppet of western mining companies and the IMF
• Mr Hichilema Sammy is no longer in charge of running the economy after sub-contracting the job to the IMF
One of the callers to the widely followed programme said, “the greatest mistake Zambians made when we woke up to vote at 2 am was to have a better life but we were conned.”
The caller said the UPND government instead of saving Zambians from poverty, “this stingy failed government, they are here to inflict more pain on Zambian people.”
Mr Mwanza concluded by saying UPND under President Hichilema must now be called, “Abene ba nsala” or, “The Lords of Poverty,” in English.

Source: Live Radio 97.3 FM.

01/11/2022

UPND PROMISED HEAVEN LN BUT THEY HAVE DESTROYED EVERYTHING - GBM

01/11/2022

"WILL WORK TOWARDS MAKING PF STRONG AGAIN" – GBM

By New Dawn Reporter

PF presidential aspirant, Geoffrey Bwalya Mwamba has urged party members to remain steadfast and defend the former ruling party from both external and internal forces aimed at killing the spirit of togetherness.

Dr. Mwamba says the PF has the potential to bounce back into power if its general membership stand up and defend the pro-poor agenda it was founded on.

In an interview, Dr. Mwamba says his desire to take over the PF is to make the former ruling party stronger again and make it attractive and ready to face the future.

He said since the party lost power a year ago attempts to have it deregistered have been made, with the aim of killing its focus to rise again.

Dr. Mwamba popularly known as GBM described such schemes detrimental to the development of the country.

“This is one of the many reasons why I am contesting for the position of PF presidency. We need to save our party from all the negative energies trying to kill the aspiration of a better Zambia, a Zambia that we all love and will do everything possible to support and protect our people by making them viable to the governance of the country.

The PF’s agenda under my leadership will promote the agenda of Zambia for Zambians first, and this is were our people regardless of their background will have a say over our economy and governance,” he said.

Dr. Mwamba said the current economic agenda by the UPND promotes and protects foreigners only at the expense of locals, forcing and pushing Zambians into abject poverty.

“This is why PF members and Zambians in general need to come together and stand up for the peoples agenda under the PF, unlike continuing on the current economic trajectory under the UPND which only supports foreign interests while keeping away Zambians in the terraces. And, the leaders in the UPND know very well that the PF is still stronger and is the only party that can address the many difficulties Zambians are facing,” he said.

Dr. Mwamba said if elected to lead the PF he will ensure that he works with everyone and promotes unity of purpose ahead of the 2026 general election and beyond.

(File picture Socialist Party president and PF Presidential aspiring candidate GBM)

Credit: New Dawn Newspaper

17/07/2022

Malanji addresses church in kitwe's Ipusukilo

13/06/2022

EP PRESIDENT WYNTER KABIMBA SPEAKS ON NATIONAL MATTERS

09/06/2022

VICE PRESIDENT MUTALE NALUMANGO ON FRANK TALK WITH FRANK MUTUBILA

23/05/2022

TAYALI EXPECTED IN THE LUKULU COURT TODAY

AFTER spending four cold nights in the Police Cells in Lukulu District of Western Province, Economic and Equity Party (EEP) president Chilufya Tayali is this morning expected to appear in Court for the offence of Defamation of the President.

Tayali was last week Thursday picked and bundled in a police van to Lukulu, where UPND cadres reported him for what they say insulting the President.

This happened when Tayali went to the Lusaka Central Police to report two union leaders for giving force information to a public officer in connection with the Director of Public Prosecutions (DPP).

However, Tayali was manhandled and bundled into a police van to a holding cell in Chilenje before being driven in the night to Lukulu to face his accusers.

The UPND cadres in a video that went viral on social media demanded that Tayali be taken to Lukulu for insulting President Hakainde Hichilema.

This is what seems to be a norm now, as another critic of President Hichilema, Raphael Nakachinda was apprehended in Lusaka and driven to Solwezi in the North Western Province were the matter was reported by another UPND cadre.

On Friday, Police denied Tayali bond saying only Government workers who resides in Lukulu District should be presented as surities, a condition which became unattainable to meet.

Credit The New Dawn Newspaper

22/05/2022

Fred M’membe writes

What type of ba pungwe
are we dealing with?

Today telling the President of this country that he is "chimbwi without a plan" as they did when they were in opposition will get you arrested and sent to some remote corner of Zambia for detention, charging and prosecution. It reminds us of the colonial cruelty where Simon Kapwepwe from Chinsali would be detained in Mongu, Sikota Wina from Mongu would be incarcerated in Luwingu, Kenneth Kaunda from Chinsali would be imprisoned in Kabompo and so on and so forth!

What has happened to the Golden Maxim: 'Do onto others as you would want them to do unto you'?

What type of ba pungwe are we dealing with? Truly, ubucenjeshi bwa ababufi tatulingile ukusakamana - bwabanga ubucenjeshi bwa nkoko!

They seem to have very selective short memories for ba pungwe.

Calling leaders this and that are common practices in a democratic society. Even in our traditional society chiefs were subjects of satirical oration and ribaldry. Surely, the egos and intolerance of our so called modern leaders would look very primitive in the eyes of our ancestors.

But in today's Zambia such utterances can lead to criminal charges and land you in police cells far away from your home, even if what you say is true.

Today criminal defamation laws remain potent weapons to be used by those in power to silence non-violent criticism and opposition.

We have enough civil remedies to protect the reputations of individuals, including the President. Defamation laws exist to protect individuals from having their reputations intentionally and falsely tarnished by others. Civil defamation laws allow an injured party to sue and seek remedies ranging from monetary compensation to an apology or retraction and exist in all or virtually all countries.

International human rights law allows for some restrictions on freedom of expression to protect the reputations of others, but such restrictions must be necessary and narrowly drawn. An increasing number of governments and international authorities believes that criminal penalties are always disproportionate punishments for reputational harm and should be abolished. As repeal of criminal defamation laws in an increasing number of countries shows, such laws are not necessary: civil defamation and criminal incitement laws are sufficient for the purpose of protecting people’s reputations and maintaining public order and can be written and implemented in ways that provide appropriate protections for freedom of expression.

Criminal defamation laws are open to manipulation by individuals with political or financial power, who can influence the behaviour of investigators, prosecutors and adjudicators. The application of criminal defamation laws in Zambia gives rise to a damaging, chilling effect on speech central to the effective functioning of a democratic society. It can seriously undermine the work of political and civil society activists.

Criminal defamation laws are also impermissible because they are more open to abuse than civil defamation provisions, and when such abuse occurs, victims can experience very harsh consequences, including detention and imprisonment. Although civil defamation laws can also be abused, their impact is not as devastating as criminal defamation laws can be.

And our criminal defamation laws contain extremely vague language. As a result, whether by design or as a result of poor drafting, those in power can use defamation laws to criminalise not only the intentional spreading of malicious lies but also citizen complaints or reports of corruption and other misconduct by public officials and critical reporting by the media.

We never expected the key leadership of the UPND to cling to criminal defamation or libel laws in the way they are today doing. We thought they would be a little bit more progressive on this score than their predecessors given how much they had suffered due to the abuse of such backward legislation. We are very disappointed.

Fred M'membe
President of the Socialist Party

(Image credit: National Geographic Kids)

15/03/2022

11/03/2022

PRESIDENT HICHILEMA SONA UPDATE RECEIVES BACKLASH

President Hakainde Hichilema writes:

We have made much progress in the past few months. Inflation is down, education is free, and we are sowing the seeds of prosperity for the future.

But we share an impatience at the pace of change with many of our citizens and today we will address parliament to share our priorities and our thoughts on the state of our nation.

Above all else we must unite to rebuild our country, recover our economy, and retake control of our future.

It is time to deliver.

Hakainde Hichilema,
President of the Republic of Zambia.

10/03/2022

OP OFFICERS TRAIL LAWYERS FOR MUMBI PHIRI, SHEBBY CHILEKWA

15/02/2022

CHIFUNGULA SENDS ENTIRE ZAMMSA MANAGEMENT ON FORCED OVER HONEYBEE SCANDAL

NEWLY appointed Zambia Medicines and Medical Supplies Agency (ZAMMSA) Board chairperson Anna Chifungula has with immediate effect placed the entire management at the institution on forced leave.

Chifungula, the former Auditor General says her decision is to pave way for investigation and audit into the supply and distribution of honeybee drugs.

She announced the development at a briefing.

(Credit: The New Dawn Newspaper)

15/02/2022

PRESIDENT HICHILEMA APPOINTS MUMBA AS CHAIRPERSON CIVIL SERVICE COMMISSION

Civil Service Commission Chief Sworn-In

"Today we swore in Mr. Peter Mumba as Chairman of the Civil Service commission.

Mr Mumba comes in with a wealth of experience including many years of impeccable service as Permanent Secretary at Ministries of Home Affairs, Energy as well as Tourism and Arts.

We advised Mr Mumba to use the practical experience he earned in his exemplary tour of duty as a senior civil servant, to uplift the standards and ethics of the civil service, so that our nation is steered in the right direction.

We further urged him to apply equality and fairness while ensuring that highest levels of discipline are upheld in the civil service."

Hakainde Hichilema ,
President of the Republic of Zambia.

15/02/2022

POLICE GUN DOWN TWO SUSPECTS IN CONNECTION WITH THE MURDER OF
OF BUSINESSMAN BIT BY BIT

ARMED police officers have killed two suspects in Kitwe's Bulangililo Township in connection with the murder of a Choma businessman Bit by Bit.

Police officers also recovered AK47 assault riffles.

Southern Province Acting Police Commanding Officer, Alfred Nawa has confirmed the killing of the two.

Credit: The New Dawn Newspaper

15/02/2022

ZAMBIA DEPLOYS A ZAF AIRCRAFT TO SUPPORT SADC MISSION IN MOZAMBIQUE

The President of the Republic of Zambia and Commander-In-Chief of the Defence Force, Mr Hakainde Hichilema made a commitment to provide resources towards stabilizing the security situation in Cabo Delgado, Mozambique, following the SADC Extraordinary Meeting of Heads of State held in January 2022 in Malawi. President Hichilema said maintaining peace in neighboring countries is key for social and economic development of the region.

"During the liberation struggle, Zambia was in a situation to assist other countries and played a pivotal role in the liberation of the region. Zambia hosted a number of liberation movement organisations like the Africa National Congress (ANC) whose Headquarters was in Zambia. We are in a position were we can assist, you cannot enjoy freedom if there is instability in your region, for instability anywhere is instability everywhere," President Hichilema said.

On 28th January 2022 the Zambia Air Force deployed the C-27J aircraft into PEMBA, Mozambique under the SADC Mission in Mozambique (SAMIM), in support of the peace keeping operation.

Since deployment ZAF has provided logistical support to other SADC Member States under SAMIM. The C-27J ZAF aircraft is scheduled to airlift over 50,000 Kgs of cargo for the South African Defence Force from Waterkloof Air Force Base in Pretoria to Mozambique, among other SAMIM assigned tasks.

Credit: Zambia Air Force page