Tribunal to probe Kabimba sworn in
By Francis Lungu
Mon 13 Jan. 2014, 15:20 CAT
ACTING Chief Justice Lombe Chibesakunda this morning urged the tribunal set up to probe justice minister Wynter Kabimba to ensure tenets of democracy are upheld in their investigations.
Justice Chibesakunda said during a swearing-in ceremony for the tribunal at the Supreme Court that Zambia was a budding democracy whose values had to be adhered to.
Those sworn in as part of the tribunal to probe Kabimba are acting Supreme Court judge Evans Hamaundu and High Court judges Gertrude Chawatama and Justine Chashi.
Mathews Zulu, who is acting director of the Supreme Court, was sworn in as secretary of the tribunal.
The tribunal was appointed in line with section 14 (1) of the parliamentary and ministerial code of conduct Act Cap 16 of the Laws of Zambia.
"...distinguished appointees, you have been entrusted with a very noble task of enquiring into matters which are stated on the letters of appointment. We are witnessing in Zambia a growing democracy and the tenets of democracy have to be adhered to. I welcome you to these appointments and I wish you good luck," said justice Chibesakunda.
In this matter, President Michael Sata instructed the setting up of a tribunal to probe Kabimba after former Solwezi Central MMD member of parliament Lucky Mulusa and political activist Brebner Changala petitioned justice Chibesakunda to set up a tribunal to probe the justice minister.
Mulusa, who lost his Solwezi Central seat through Supreme Court nullification owing to corruption, and Changala who was recently released by the court after the State entered a nolle prosequi in his drug trafficking case, demanded that Kabimba explains why he had copied Justice Chibesakunda government's legal opinion offered to him in his capacity as justice minister by Solicitor General Musa Mwenye on the nullification of the Petauke Central, Malambo and Mulobezi parliamentary seats by the Supreme Court.
In a letter dated December 24, 2013 addressed to justice Chibesakunda, Mulusa and Changala applied that the tribunal be established to investigate whether or not Kabimba as justice minister had breached his oath of secrecy when he released a classified government legal opinion for use by the Patriotic Front.
The two also wanted the justice minister to be investigated on whether or not the letter on a PF letterhead he wrote to the lawyers of the Patriotic Front and copied to justice Chibesakunda constituted interference with the independence of the Judiciary as guaranteed by the Constitution.
Labels: COURTS, LOMBE CHIBESAKUNDA, WYNTER KABIMBA
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(HERALD ZW) Wafawarova wants full hearing in Zwambila case
January 4, 2014
Herald Reporter
AUSTRALIA-BASED Zimbabwean journalist Reason Wafawarova wants the courts in that country to set aside a default judgment by a Canberra judge which found him guilty of defaming Zimbabwe’s outgoing ambassador in that country, Ms Jacqueline Zwambila.In a statement yesterday, Wafawarova said he wanted the matter to proceed to a full hearing so that he could justify his claims.
Ms Zwambila sued Wafawarova for defamation after the journalist reported that the envoy stripped in front of embassy staff during a heated argument. But Wafawarova said there was overwhelming evidence against Ms Zwambila.
“The application by the claimant to have my defence struck out on obnoxious technicalities is nothing but a cowardly attempt at escaping a full hearing of the case, a shameful fleeing from glaring and irrefutable evidence,” said Wafawarova.
“That will not be allowed to happen. The Zimbabwe Embassy in Canberra still stands with allegations it raised against Ms Zwambila on November 11 2011 and in its latest media statement the embassy has categorically stated those allegations as fact, and that makes it more compelling for the court case to be heard on its merits.”
Wafawarova said there had been misleading and inaccurate reports by The Canberra Times about the judgment by the judge.
“Firstly, it is absolutely unfounded that it is the ACT Supreme Court’s position that I am ‘an agent of the Mugabe regime’ or that any allegations raised against Zwambila were “false”.
“These words belong entirely to Ms Zwambila and her handlers at Canberra Times. They are not the court’s position.”
“Essentially, the words are a pathetic attempt at smearing my image, and they are part of a larger conspiracy that once led to two court cases in 2007 and 2009, where attempts to have me removed from Australia were thwarted after protracted court hearings.
“It is Ms Zwambila that accepted to serve the Mugabe-led government as its ambassador, and for her to label someone outside that government an agent of the same is plain ridiculous.
“While it is the option of anyone facing destitution to try everything in the book to avoid such a predicament, it is highly preposterous that one would try to hoodwink immigration authorities into granting them a protection visa by publicly pretending that the ACT Supreme Court has discovered ‘an agent’ of Mugabe when the court has not even heard the merits of this case.
“You do not make such ludicrous politicisation of a purely civil matter of this nature without making a complete fool of yourself,” said Wafawarova.
He accused Ms Zwambila and her legal team of avoiding a full hearing of the case because they could not confront the evidence against the latter.
“What the Supreme Court did was to strike out my defence on the technicality that I had refused to submit certain documents demanded by Ms Zwambila’s legal team, which in my opinion have nothing to do with the case.
“No allegation raised against Ms Zwambila was found to be false by the court because the matter did not go for hearing. Any suggestion by the Canberra Times or any other media outlet that allegations against Ms Zwambila were proved to be false are nothing but a pathetic sense of mischievous imagination.
“It does not take a rocket scientist to figure out that The Canberra Times are doing Ms Zwambila’s bidding in the hope that the paper can help her escape a fate of hopelessness back in Zimbabwe where the only thing she needs to be protected from is the awaiting poverty.
“The ongoing court case has nothing to do with Ms Zwambila’s unemployment woes, and trying to buttress her case for access to Australia’s social welfare benefits by using this court case as basis for whatever pretensions is frankly puerile,” he said.
Ms Zwambila claimed the article by Wafawarova injured her reputation and profession adding that the story was motivated by malice.
Ms Zwambila is reported to have reached a confidential settlement with The Australian newspaper which carried a similar story.
Wafawarova’s story was published in November 2010.
Labels: AMBASSADORS, AUSTRALIA, COURTS, JAQUELIN ZWAMBILA, REASON WAFAWAROVA
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(HERALD ZW) Gono, Biti ties stir hornet’s nest
December 18, 2013
GONO BITITakunda Maodza Assistant News Editor
COMMENT - I've never trusted Gideon 'Crazy Eyes' Gono. He was the one at the helm that oversaw the hyperinflation of the Zimbabwe Dollar. He is also against indigenisation, including of the banks. And now he is defending Tendai Biti? You have to wonder why there is such a relationship of trust between them. As Biti's laywer, Gono would be in a perfect position to screw up his defense. And yet Tendai Biti trusts him to represent him? - MrK
Former Reserve Bank of Zimbabwe Governor Dr Gideon Gono has hired MDC-T secretary-general, the lawyer Mr Tendai Biti to fight allegations made by Zanu-PF legislator Dr Munyaradzi Kereke that he was involved in corrupt dealings during his tenure at the apex bank.Zanu-PF Manicaland Province has nominated Dr Gono to fill the vacant Buhera Senate seat, but his cosy relations with senior MDC-T officials is causing unease about where his allegiances lie.
The seat fell vacant following the death of Cde Kumbirai Kangai on August 24.
Mr Biti was Finance Minister from 2009 to earlier this year and worked directly with Dr Gono.
The two were initially sworn enemies, with Mr Biti calling Dr Gono a terrorist who deserved to be shot, but relations have thawed to the point where the MDC-T secretary-general is giving the former RBZ boss legal representation.
Dr Kereke’s graft allegations, involving millions of US dollars, pertain to the time when both Dr Gono and Mr Biti were in Government. Dr Kereke was for a while one of Dr Gono’s most trusted advisors at the RBZ.
Also cited in the court case, which is before the Constitutional Court, is the Zimbabwe Anti-Corruption Commission.
Dr Gono is accused of compromising the independence of the anti-graft body through cash and other inducements, all sourced from Government coffers.
Zanu-PF Manicaland provincial chairman Cde John Mvundura yesterday confirmed they had forwarded Dr Gono’s candidature for the Buhera seat to a “higher office”.
However, there is much unease within the Zanu-PF leadership about Dr Gono’s suitability.
Documents in our possession show Dr Gono hired Mr Tendai Biti on December 16, 2013 and that Mr Biti has already made representations to the Constitutional Court on the ex-RBZ chief’s behalf.
While some Zanu-PF officials say it is Dr Gono’s right to get legal representation from any lawyer, his choice of Mr Biti has made many others nervous about his loyalty to the party.
Last night, Cde Mvundura said: “We have dealt with the Dr Gono issue and forwarded our recommendations to the party hierarchy. It is now up to the leadership.”
The nomination was endorsed by the Zanu-PF Manicaland provincial co-ordination committee which met at Marymount Teachers College on December 7. It is understood that the nomination is now before the Zimbabwe Electoral Commission for confirmation.
A senior Zanu-PF official yesterday told The Herald that they were “disturbed” by Dr Gono’s behaviour.
“Dr Gono on Monday hired Biti to represent him in a fraud case in which he and the Zimbabwe Anti-Corruption Commission will appear before the Constitutional Court. What is disturbing is the fact that this is happening at a time when he (Dr Gono) wants to be Zanu-PF senator for Buhera yet his trust and faith in Biti is so overwhelming,” he said.
Another official said the “party must consider the implications of giving Gono the Buhera seat when he is wining and dining with the enemy”.
“He is determined to undermine the party and its leadership, especially now after his bid to have his term as RBZ Governor extended failed. We ought to be careful with him,” he said.
But party secretary for administration Cde Didymus Mutasa, who is said to be influential in Zanu-PF Manicaland, said there was nothing wrong with Dr Gono’s decision to work with Mr Biti.
“It is his right to look for the best lawyer. If he thinks Biti is the one he wants to pick, it is up to him. Biti practices in Zimbabwe. He practices in Zimbabwean courts and not in South Africa or England. It is up to Gono to choose who he wants to defend him,” Cde Mutasa said.
But a Zanu-PF Politburo member with close ties to the Zimbabwe Defence Forces countered: “We have been told that some people in MDC-T want to besmirch the image of the military and other security servives and they think they can get help from Gono in doing this. We sincerely hope he does not go rogue.”
What is of particular interest is how the Gono-Biti relationship has mellowed. At one point Mr Biti wanted Dr Gono arrested, and today he is helping him avoid jail.
In the early days of the inclusive Government, Mr Biti vigorously on several occasions pestered Sadc to convene an Extraordinary Summit principally to remove Dr Gono and then Attorney-General Mr Johannes Tomana from office.
So bad were their relations that on May 22, 2009 Dr Gono wrote to then Prime Minister Morgan Tsvangirai from MDC-T to intervene.
Read part of the letter: “As you may be aware Hon Prime Minister, the strained relations between the Hon Minister of Finance and myself are a matter of public knowledge and, need I say, concern.
“For more than a year now, the minister has uttered, publicly and privately, words and statements that are not only criminally defamatory but also seriously insulting to my person, family and indeed, to the institution that I work for. His misleading statements are also career limiting in my field of finance and economics.
Dr Gono said Mr Biti “accused me of being at the epicentre of (the) Zanu-PF terror machine, an economic saboteur, terrorist and number one Al-Qaeda who deserves to be shot by a firing squad”.
After a year in the inclusive Government, Mr Biti suddenly went mum about Dr Gono.
In 2012, there were reports that Dr Gono helped Mr Tsvangirai access some US$1,5 million to get an official residence as the Prime Minister. At the same time, it is alleged Mr Biti released another US$1 million from Treasury for the same purpose.
The alleged case of double-dipping from State coffers has never been fully made public with all parties involved denying the allegations.
And last month Mr Biti told a radio station, “Gono has the nation at heart although some people wanted to use him and they indeed used him and just dumped him. We first had challenges, but eventually we had a very good working relationship. He had the nation at heart.”
Labels: COURTS, GIDEON GONO, MDC TREASON, TENDAI BITI
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(HERALD ZW) Gono, Biti ties stir hornet’s nest
December 18, 2013
Takunda Maodza Assistant News Editor
Former Reserve Bank of Zimbabwe Governor Dr Gideon Gono has hired MDC-T secretary-general, the lawyer Mr Tendai Biti to fight allegations made by Zanu-PF legislator Dr Munyaradzi Kereke that he was involved in corrupt dealings during his tenure at the apex bank.Zanu-PF Manicaland Province has nominated Dr Gono to fill the vacant Buhera Senate seat, but his cosy relations with senior MDC-T officials is causing unease about where his allegiances lie.
The seat fell vacant following the death of Cde Kumbirai Kangai on August 24. Mr Biti was Finance Minister from 2009 to earlier this year and worked directly with Dr Gono.
The two were initially sworn enemies, with Mr Biti calling Dr Gono a terrorist who deserved to be shot, but relations have thawed to the point where the MDC-T secretary-general is giving the former RBZ boss legal representation.
Dr Kereke’s graft allegations, involving millions of US dollars, pertain to the time when both Dr Gono and Mr Biti were in Government. Dr Kereke was for a while one of Dr Gono’s most trusted advisors at the RBZ.
Also cited in the court case, which is before the Constitutional Court, is the Zimbabwe Anti-Corruption Commission.
Dr Gono is accused of compromising the independence of the anti-graft body through cash and other inducements, all sourced from Government coffers.
Zanu-PF Manicaland provincial chairman Cde John Mvundura yesterday confirmed they had forwarded Dr Gono’s candidature for the Buhera seat to a “higher office”.
However, there is much unease within the Zanu-PF leadership about Dr Gono’s suitability.
Documents in our possession show Dr Gono hired Mr Tendai Biti on December 16, 2013 and that Mr Biti has already made representations to the Constitutional Court on the ex-RBZ chief’s behalf.
While some Zanu-PF officials say it is Dr Gono’s right to get legal representation from any lawyer, his choice of Mr Biti has made many others nervous about his loyalty to the party.
Last night, Cde Mvundura said: “We have dealt with the Dr Gono issue and forwarded our recommendations to the party hierarchy. It is now up to the leadership.”
The nomination was endorsed by the Zanu-PF Manicaland provincial co-ordination committee which met at Marymount Teachers College on December 7. It is understood that the nomination is now before the Zimbabwe Electoral Commission for confirmation.
A senior Zanu-PF official yesterday told The Herald that they were “disturbed” by Dr Gono’s behaviour.
“Dr Gono on Monday hired Biti to represent him in a fraud case in which he and the Zimbabwe Anti-Corruption Commission will appear before the Constitutional Court. What is disturbing is the fact that this is happening at a time when he (Dr Gono) wants to be Zanu-PF senator for Buhera yet his trust and faith in Biti is so overwhelming,” he said.
Another official said the “party must consider the implications of giving Gono the Buhera seat when he is wining and dining with the enemy”.
“He is determined to undermine the party and its leadership, especially now after his bid to have his term as RBZ Governor extended failed. We ought to be careful with him,” he said.
But party secretary for administration Cde Didymus Mutasa, who is said to be influential in Zanu-PF Manicaland, said there was nothing wrong with Dr Gono’s decision to work with Mr Biti.
“It is his right to look for the best lawyer. If he thinks Biti is the one he wants to pick, it is up to him. Biti practices in Zimbabwe. He practices in Zimbabwean courts and not in South Africa or England. It is up to Gono to choose who he wants to defend him,” Cde Mutasa said.
But a Zanu-PF Politburo member with close ties to the Zimbabwe Defence Forces countered: “We have been told that some people in MDC-T want to besmirch the image of the military and other security servives and they think they can get help from Gono in doing this. We sincerely hope he does not go rogue.”
What is of particular interest is how the Gono-Biti relationship has mellowed. At one point Mr Biti wanted Dr Gono arrested, and today he is helping him avoid jail.
In the early days of the inclusive Government, Mr Biti vigorously on several occasions pestered Sadc to convene an Extraordinary Summit principally to remove Dr Gono and then Attorney-General Mr Johannes Tomana from office.
So bad were their relations that on May 22, 2009 Dr Gono wrote to then Prime Minister Morgan Tsvangirai from MDC-T to intervene.
Read part of the letter: “As you may be aware Hon Prime Minister, the strained relations between the Hon Minister of Finance and myself are a matter of public knowledge and, need I say, concern.
“For more than a year now, the minister has uttered, publicly and privately, words and statements that are not only criminally defamatory but also seriously insulting to my person, family and indeed, to the institution that I work for. His misleading statements are also career limiting in my field of finance and economics.
Dr Gono said Mr Biti “accused me of being at the epicentre of (the) Zanu-PF terror machine, an economic saboteur, terrorist and number one Al-Qaeda who deserves to be shot by a firing squad”.
After a year in the inclusive Government, Mr Biti suddenly went mum about Dr Gono.
In 2012, there were reports that Dr Gono helped Mr Tsvangirai access some US$1,5 million to get an official residence as the Prime Minister. At the same time, it is alleged Mr Biti released another US$1 million from Treasury for the same purpose.
The alleged case of double-dipping from State coffers has never been fully made public with all parties involved denying the allegations.
And last month Mr Biti told a radio station, “Gono has the nation at heart although some people wanted to use him and they indeed used him and just dumped him. We first had challenges, but eventually we had a very good working relationship. He had the nation at heart.”
Labels: COURTS, DIDYMUS MUTASA, GIDEON GONO, MDC TREASON, MUNYARADZI KEREKE, TENDAI BITI
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(NEWZIMBABWE) Zanu PF anger as Gono hires MDC-T's Biti
18/12/2013 00:00:00
by Gilbert Nyambabvu
A DECISION by former central bank governor, Gideon Gono, to hire MDC-T’s Tendai Biti for his corruption fight has left a few nickers in a twist among the Zanu PF hierarchy with some top officials questioning his loyalty to the party.
Gono’s former charge at the Reserve Bank of Zimbabwe, Munyaradzi Kekere, who is now an MP, has revived allegations that the ex-governor looted millions of dollars in public funds from the apex bank.
Kereke, last week, filed an application at the Constitutional Court which seeks to force the Zimbabwe Anti-Corruption Commission (ZACC) to investigate the allegations against his former boss.
Among a raft of claims, Kereke alleges that Gono, long considered a confidant and financial adviser of President Robert Mugabe, took more than US$37.5 million, R1,4 million and more than £21,500 pounds in state funds which he converted to his personal use.
According to the Zanu PF-leaning Herald newspaper, Gono has hired former finance minister and MDC-T secretary general, Tendai Biti, to represent him in the case.
Gono, who left the bank in November after being at the helm for ten years, has since been recommended to become Zanu PF’s senator in Manicaland province, replacing the late Kumbirai Kangai.
Senior party officials not named by the paper told the Zanu PF Herald that they were disturbed by Gono’s links with Biti.
“Gono on Monday hired Biti to represent him in a fraud case in which he and the Zimbabwe Anti-Corruption Commission will appear before the Constitutional Court,” said one of the officials.
“What is disturbing is the fact that this is happening at a time when he (Gono) wants to be Zanu PF senator for Buhera yet his trust and faith in Biti is so overwhelming,” he said.
Another top official said Zanu PF “must consider the implications of giving Gono the Buhera seat when he is wining and dining with the enemy”.
“He is determined to undermine the party and its leadership, especially now after his bid to have his term as RBZ Governor extended failed. We ought to be careful with him,” he said.
Equally unimpressed was a politburo member said to have “links to the military”
“We have been told that some people in MDC-T want to besmirch the image of the military and other security servives and they think they can get help from Gono in doing this. We sincerely hope he does not go rogue,” the unnamed official said.
Labels: COURTS, GIDEON GONO, MDC TREASON, MUNYARADZI KEREKE, TENDAI BITI
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Fund sanctions litigation, Govt told
December 17, 2013
Farirai Machivenyika Senior Reporter
THE 14th Zanu-PF Annual National People’s Conference held in Chinhoyi last week urged Government to provide adequate funding for the case in which Zimbabwe is challenging the legality of the sanctions by the European Union at the General Court of the European Court of Justice.
The case was filed by the then Attorney-General Johannes Tomana — who is now the Prosecutor-General — in 2011 and is being led by a team of lawyers comprising Mr David Vaughan, Mr Maya Lester Robin Loof and Zimbabwean lawyers Mr Farai Mutamangira and Mr Gerald Mlotshwa.
“Government should take concrete measures, including making available requisite funding, to support the sanctions litigation instituted by the Attorney-General in Brussels against the EU,” the revolutionary party said in its resolutions. The court challenge is expected to cost at least US$5 million but former Finance Minister Tendai Biti was reluctant to fund the suit.
Yesterday Mr Tomana said they were still waiting for the set down date.
“Nothing has changed from the previous update, we are still waiting for the set down date,” he said.
The matter was brought to the Eighth Chamber (of the General Court of the European Court of Justice) in October where its set down date will be given.
The EU’s illegal sanctions regime was imposed in violation of the Cotonou Agreement which governs relations between the EU and African, Caribbean and Pacific countries.
The Zimbabwe Government also argues that the EU did not communicate its decision to people and companies on the sanctions list as required by its own regulations.
Besides disregarding its own regulations, the bloc also contravened international law when it imposed the illegal sanctions in 2002 and continued to extend them outside UN statutes.
China and Russia vetoed Britain and its Western allies’ bid to have the UN Security Council legalise the sanctions.
The EU imposed illegal sanctions on Zimbabwe as a direct response to the fast track land reform meant to correct ownership imbalances caused by colonialism.
Labels: COURTS, JOHANNES TOMANA, SANCTIONS, ZDERA
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KK appeals against High Court judgment
By Namatama Mundia
Fri 29 Nov. 2013, 14:01 CAT
DR Kenneth Kaunda has appealed to the Supreme Court against the Lusaka High Court's refusal to set aside a judgment in default that ordered him to pay over US $1.2 million (about K6 million) to five Lusaka law firms who represented him in civil and criminal cases.
This is in a matter in which Sakwiba Sikota's Central Chambers, Lukona Chambers, Patrick Mvunga and Associates, Lighthouse Chambers and Dove Chambers, the plaintiffs in the matter, sued Dr Kaunda and Sebastian Zulu as representatives of UNIP, claiming payment of US$1,208,026.25 plus interest and costs.
This related to the misprision of treason case, citizenship case, Black Mamba case, Kabwe assassination attempt and a presidential petition in which Dr Kaunda retained them.
The plaintiffs stated that Dr Kaunda failed to pay the money despite numerous reminders.
However, Dr Kaunda in his affidavit in opposition had stated that the plaintiffs volunteered their services and at no time during their conduct of the matters did they disclose that they were going to charge him legal fees.
But the Lusaka High Court deputy registrar on December 8, 1998 entered a judgment in default of appearance in favour of the plaintiffs in the sum of US1,208,026.25 with interests and costs.
Soon after the judgment, Dr Kaunda and Zulu applied that the default judgment be set aside.
The defendant appealed to the High Court and judge Dominic Sichinga on November 18, ruled that after considering the grounds of appeal, he found that Dr Kaunda's evidence that he thought the lawyers who sued him were retained on pro bono basis flew in the teeth of the averments he made in his affidavit that he instructed them to represent him personally and Zulu.
But judge Sichinga stated that Dr Kenneth had admitted in his affidavit that he instructed the plaintiffs to defend him but that he was now denying it.
"Further, it has been 15 years since the default judgment was made. I have considered the prejudice which would be occasioned as against the plaintiff. I am of the view that that prejudice is quite real," judge Sichinga ruled.
"In view of the fore stated, this appeal fails. I decline to set aside the default judgment entered on 18th day of December, 1998 as it lacks merit and I find that there has been inordinate delay. Leave to appeal to the Supreme Court is granted. Each party to bear their own costs."
According to a grounds of appeal filed in the Supreme Court, Dr Kaunda and Zulu have filed five grounds against the whole judgment of judge Sichinga.
The duo stated that judge Sichinga erred in law and in fact when he refused to set aside the default judgment and held that the application lacked merit without adjudicating on the evidence adduced before him that the basis of filing the action in issue was meant to help them raise money from well-wishers and that the amounts indicated in the action were based on estimates.
The appellants further stated that the judge erred in law and fact in not appreciating the fact that the alleged admission by Dr Kaunda to have instructed the respondents was contextualised and had to be read with other affidavits explaining the background and issues surrounding the matter in their entirety.
The appellants also stated that the admission was not an admission as to the amounts claimed.
Dr Kaunda and Zulu stated that the judge also erred when he refused to set aside the ruling without adjudicating on whether the action by the respondents was in compliance with the legal practitioners Act Chapter 30 of the Laws of Zambia.
In ground four, the appellants stated that the evaluation of the evidence by the court below was not balanced because only evidence against the appellants was analysed and relied on while evidence in favour of them was not analysed in the ruling such as the fact that the filing of the action was not used as a fundraising venture.
The appellants added that judge Sichinga erred in law by finding that there was inordinate delay.
Labels: COURTS, KENNETH KAUNDA, SAKWIBA SIKOTA
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Out of jail fighting
By Joseph Mwenda and Francis Lungu
Thu 21 Nov. 2013, 14:00 CAT
CONVICTED sports deputy minister Stephen Masumba has wondered why MMD leader Nevers Mumba as a pastor can celebrate his misery. And Masumba says everyone is a potential prisoner bound to go through his situation. Masumba yesterday came out of jail on a K10,000 bail, pending appeal to the High Court.
Lusaka principal resident magistrate Wilfred Muma on Monday convicted Masumba of obtaining pecuniary advantage by false pretence after he obtained employment for himself from Lusaka Business and Technical College as an accounting officer using an accounting technician diploma erroneously awarded to him at the National Institute of Public Administration (NIPA), but Masumba had denied committing the offence.
In an interview after magistrate Muma sentenced him to 12 months imprisonment with hard labour, Masumba wondered why Mumba celebrated his being arrested.
"What kind of pastor is he who celebrates over someone's misery? Doesn't the Bible teach us to visit those in prison? I expected him to pray for me and even visit me in prison. The loss that MMD succumbed in the Mufumbwe by-election should not hurt them forever. He should not claim that he knew I had a forged certificate, firstly because that is not the offence. Secondly, he shouldn't have waited for me to join PF for him to make the claim that I had no morals," he said.
He said no one should celebrate his misfortune because everybody was a potential prisoner.
He said politicians should work hard and contribute towards lifting the living standards of inmates because there was a possibility of going to prison at any time.
"We are all potential prisoners and we can be found in this same situation anytime. Especially us politicians, you never know what comes before you tomorrow; we must endeavour to improve the conditions in our prisons.
"We need to ensure that the standards in there are conducive for habitation so that when that time comes, you can even enjoy a cup of tea and say, 'this is the infrastructure we made for ourselves'," Masumba said.
He said prisons must not be seen as places for the condemned because there were many innocent people who unfortunately found themselves in prison.
"There are many stories in there about how people found themselves there. These are not prisons for the condemned only, they are for all of us," Masumba said.
Masumba said inmates at Kamwala Remand Prison pleaded with him to teach them martial arts.
He said although the inmates offered him a 'VIP' stay while at Kamwala Remand Prison, he opted to interact with them and hear their views about society.
"They were very excited to see me. Many of them pleaded that I start teaching them martial arts whilst I was there. They even wished that I stayed there longer so that I could be entertaining them with my martial arts skills.
"In fact, there is what they call 'VIP cells' in there, but I did not agree to stay there because I felt I was an ordinary person like them under similar circumstances," Masumba said.
And Masumba restrained his relatives who attempted to hide him from cameras as he emerged from the holding cell at the magistrates court.
Some relatives prevented journalists from taking pictures and filming Masumba, attempting to cover him in chitenge materials, but the deputy minister called for order and said the reporters had a duty to report his predicament to the nation.
"What is there to hide? Have I not been found guilty? I am not coming from prison? So why are you fighting with the journalists? Who doesn't know me? Leave them to do their job and inform the nation," he told his relatives shortly before walking over to shake hands with some reporters.
Scores of youths turned up to catch a glimpse of Masumba who had been remanded at Kamwala prison since Monday.
Some youths travelled in groups from Copperbelt while others said they were coming from Solwezi to give solidarity to Masumba.
Meanwhile, sports minister Chishimba Kambwili wished Masumba a successful appeal, saying, "it is unfortunate that my brother has been found in a sad situation."
"All I can say is that 'umulandu mume bakumpulafye' (offences are like dew, you just wipe). Anybody can be found in that situation. The only thing to say is that it is unfortunate that our brother has been found in this situation and we feel sorry for him because he is a family man like you heard in mitigation. We can only hope that the appeal succeeds," he said.
Chishimba, who was in the company of his permanent secretary Agness Musunga in witnessing Masumba's sentencing, said the sports deputy minister was a good fellow.
"We came here because we work with him, he is our friend and he is a good colleague. That does not mean to say we have come here to represent government. I have come here in my individual capacity as Chishimba Kambwili, a friend to Masumba," said Kambwili.
New Revolution Party president Cosmo Mumba who also offered his solidarity joked that he was worried Masumba's popularity among youths would cause him to become president before him.
Earlier, Masumba, through his lawyer Mutekela Lisimba, told the court in mitigation that he was a first offender, married with children and that he was a breadwinner.
Lisimba said his client was of fixed abode, a member of parliament and a government deputy minister.
He submitted that throughout the course of trial, his client had diligently and faithfully attended court and had followed each instruction by the court.
"We pray that the court exercises utmost leniency in meting sentence, as your convict is a breadwinner in the family and the effects of a lengthy sentence will cause untold misery to his family, his children and to the community which he represents in Parliament. He is the law-abiding citizen hence his appointment to public office…the convict is very sorry," Lisimba submitted.
He however, noted that the offence attracted a five-year custodial sentence, but that the defence was alive to the fact that with the good conscience of the court, a suspended sentenced would still deliver the same message.
Passing sentence, magistrate Muma said he had carefully considered the mitigation and that the court knew that the offender committed a misdemeanor. He said nevertheless, the conduct of the convict was devastating.
He wondered as to how many students at the Lusaka Business and Technical College had passed through Masumba's hands as a lecturer when he was not qualified.
Magistrate Muma said Masumba's conduct was selfish and intrinsic but that in any case, it was retrievable.
"However, it is the duty of the court to protect the integrity of the nation and I feel the convict has to be sentenced accordingly so that it serves as a lesson to would-be offenders. I therefore sentence him to 12 months imprisonment with hard labour with effect from November 18, 2013. I must emphasise that I am not the last court; the accused may appeal to the High Court," he said.
Masumba's lawyers applied for bail which the State did not object to.
And magistrate Muma granted Masumba K10,000 cash bail with two working sureties who should be from government or quasi-government institutions.
The court ordered that the two sureties would not pay the K10,000 to the court as the bail was granted in their own recognisance.
Labels: COURTS, NEVERS MUMBA, STEPHEN MASUMBA
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Zim court invalidates law that criminalises insulting president
By BBC
Sun 03 Nov. 2013, 14:00 CAT
COMMENT - So much for the corrupt BBC mantra that Zimbabwe is 'a dictatorship'. So it is no longer illegal to insult the head of state in Zimbabwe? Great Britain to follow, some day, because lese majeste is still a crime in the United Kingdom itself. - MrK
ZIMBABWE'S highest court has declared unconstitutional a law which makes it a crime to insult the president.
Prosecutors should not be overzealous about charging people who comment about President Robert Mugabe "in drinking halls and other social places", the Constitutional Court said. At least 80 cases have reportedly been filed in recent years under the law.
In May, opposition activist Solomon Madzore was arrested for allegedly calling President Mugabe a "limping donkey". He denied a charge of insulting the president.
Under Section 33 of Zimbabwe's Criminal Codification and Reform Act, a person could be jailed for up to a year or fined US $100 (£64) for insulting the president's office.
The law was challenged by several Zimbabweans, including a resident of the southern city of Bulawayo, Tendai Danga, who was arrested two years ago for allegedly insulting President Mugabe during a row with a policeman in a bar.
The court's nine judges were unanimous in ruling that the law undermined freedom of expression, making it unlikely that the government will appeal against it, reports the BBC's Brian Hungwe from the capital, Harare.
However, the court gave justice minister Emmerson Mnangagwa until November 20 to file an appeal.
In August, a court acquitted a 26-year old man, Takura Mufumisi, charged with intending to use a poster of President Mugabe as toilet paper in a bar.
Zimbabwe approved a new constitution which expands civil liberties in a referendum in March.
Many Zimbabweans have welcomed the court's ruling, believing the law had insulated the president from criticism, a BBC correspondent says.
President Mugabe, 89, extended his 33-year rule in elections in July.
His rival Morgan Tsvangirai rejected the result, alleging it was marred by widespread fraud.
The court also declared unconstitutional a law curtailing media freedom, following a challenge by a privately owned financial publication, Zimbabwe Independent.
The state should not "penalise people who make false statements in good faith about a matter of public concern", deputy Chief Justice Luke Malala said.
Zimbabwean law currently states that a person can be sentenced to 20 years in prison for publishing falsehoods. - BBC
Labels: COURTS
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(NEWZIMBABWE) White SA supremacists jailed 35 years each
29/10/2013 00:00:00
by Agencies
FIVE white supremacists in South Africa who plotted to assassinate Nelson Mandela and push all non-white people out of the country received 35-year sentences in prison, after a trial that lasted more than 10 years.
According to local reports, a High Court in Pretoria gave shorter sentences than expected to a handful of 21 members of the "Boeremag" - a group of apartheid loyalists who reportedly attempted a 2002 coup that ultimately failed, and let to their arrest. Nine of the accused were released with no charge, after being jailed for 11 years.
During the extensive trial, witnesses told the jury that the Boeremag planned to kill Mandela, who was South Africa's first black president, and arguably the most prominent figure of the anti-apartheid movement.
Members of the group planted a bomb on the road that Mandela was scheduled to travel along 11 years ago. But the assassination plot fell through when Mandela traveled by helicopter rather than on the ground.
Some of the members of the Boeremag were named responsible for nine explosions at a few sites in October 2002. Most of the bombs were detonated in the southern city Soweto. One woman died as a result of the blasts.
The prosecution testified that the Boeremag members met at barbeques and fast food outlets to talk about their plans to kill Mandela.
During these covert meetings, some members submitted ideas to get rid of South Africa's black majority by putting food parcels on the line that divides it from Zimbabwe.
Some also reportedly planned to send the nation's 1.2 million Indians back to their country of origin by boat.
Mike du Toit, the alleged leader of the assassination plan, was convicted first in 2012 for high treason. The former university lecturer received 35 years in prison for his crime. Tensions between races in South Africa have been strong since the end of apartheid rule in 1994.
Labels: BOEREMAG, COURTS, MIKE DU TOIT, NELSON MANDELA, RACISM, SOUTH AFRICA
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Police rearrest Liato
By Agness Changala
Wed 02 Oct. 2013, 14:01 CAT
AUSTIN Liato was yesterday discharged and re-arrested at Woodlands Police Station for abuse of office after the state entered a nolle prosequi in a matter where he was in court on the same charges.
Liato, the former labour minister in the MMD government, was appearing before principal resident magistrate David Sumusamba on two counts of abuse of office.
It was alleged that Liato on or about June 8, 2011 in Lusaka, being a public officer, namely Minister of Labour and Social Security and member of parliament for Kaoma Central Constituency, abused the authority of his office by facilitating the sinking of two boreholes at his farm in Mwembeshi.
In count two, it is alleged that Liato on dates unknown but between May 14 and 19, 2011 in Lusaka, being a public officer, namely Minister of Labour and Social Security and member of parliament for Kaoma Central constituency, abused the authority of his office by facilitating the diversion of two hammer mills meant for the people of Kaoma to himself, thereby obtaining property advantage or profit, an act prejudicial to the interest of government and the people of Kaoma Central Constituency.
When the matter came up for continued trial yesterday, the arresting officer took her position in the witness dock in readiness to testify.
However, the state told the court that it had an application to make.
Anti Corruption Commission (ACC) prosecutor James Mataliro said he had received instructions from the Director of Public Prosecutions (DPPs) office to enter a nolle prosequi in the matter.
"In this regard, I am making an application to enter a nolle prosequi," said Mataliro much to the surprise of Liato's lawyers, who were assured that the matter would proceed on trial today.
Ruling on the application, magistrate Simusamba discharged Liato and released the witness.
But immediately, Liato and his lawyers walked out of court, five police officers, who waited outside, led Liato to a vehicle registration number TRK 509ZM, which was parked within the court premises.
Liato, who was asked to accompany police, complied and was taken to Woodlands Police Station, where he was re-arrested for abuse of office and was released on police bond.
Earlier, his lawyers complained at the forceful manner in which police conducted themselves when they asked Liato to accompany them to Woodlands Police Station.
Defence lawyer Moses Chitambala said Liato was a law-abiding citizen and would go with them as required.
Chitambala accused the police of being sensational in the manner they were handling his client's matter.
"This is the same kind of excitement we talk about. He will come to Woodlands because he is a law-abiding citizen," said Chitambala.
And according to a statement released by the Government Joint Investigations team (GJIT) public relations officer Namukolo Kasumpa, the DPP instructed that Liato be re-arrested on the same charge and two separate counts of abuse of authority of office contrary to the Laws of Zambia.
Labels: AUSTIN LIATO, COURTS, MMD
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(NEWZIMBABWE) Bredenkamp acquitted in $4.2m fraud trial
12/09/2013 00:00:00
by Staff Reporter
MILLIONAIRE businessman John Arnold Bredenkamp has been cleared over an alleged swindle involving US$4.2 million.
Justice Felistus Chatukuta on Thursday granted an application by Bredenkamp’s lawyers for discharge made at the close of the prosecution case on Tuesday.
During his two-day trial which opened on Monday, Bredenkamp had denied defrauding former Sahawi International director, Yaqub Ibrahim Mohammed, in a 2002 loan deal.
Justice Chatukuta said the evidence presented by prosecutors had “no relationship to the fraud charge”. The state had also failed to clearly distinguish the borrower and lender, she added.
Prosecutors had alleged that Bredenkamp misrepresented to Mohammed that he would pay back the money once he sold his mine, Kababankola Mining Company (KMC), in the Democratic Republic of Congo (DRC).
The court heard that Bredenkamp sold his DRC mine in 2006, but would not repay the loan and became evasive prompting Mohammed to report the matter to the police.
The judge said prosecutors had failed to prove that Bredenkamp, who owned a substantial stake in KMC, had borrowed the money in a personal capacity.
The judge criticised prosecutors for succumbing to pressure by Mohammed to use the criminal court to recover his debt over what she said was a purely civil matter.
On a second charge of violating the exchange control regulations, Justice Chatukuta said the new constitution adopted earlier this year – taking note of dollarisation – had decriminalised the crime presented.
Labels: COURTS, FELISTUS CHATUKUTA, JOHN ARNOLD BREDENKAMP
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Chirwa in court for abuse of office
By Moses Kuwema
Wed 11 Sep. 2013, 14:01 CAT
THE Anti-Corruption Commission has arrested former Zambia Railways Limited chief executive officer Professor Clive Chirwa for alleged corrupt practices involving over K280,000.00. In a statement, ACC corporate affairs officer Christopher Chibanku stated that Prof Chirwa was arrested yesterday and charged with two counts.
"In the first count, Prof Chirwa is charged with failure to disclose interest contrary to section 28 (1) of the Anti-Corruption Act No. 3 of 2012. Details are that Prof Chirwa, 59, between November 1, 2012 and December 31, 2012, as CEO of Zambia Railways Limited, recommended at the Zambia Railways Board meeting that Clavel Incorporated Limited, a company in which he is a shareholder be given a contract to train Zambia Railways employees without disclosing interest contrary to section 28 (1) of the Anti-Corruption Act No. 3 of 2012," Chibanku stated.
Chibanku stated that in the second count, Prof Chirwa was jointly charged with Regina Mwale, 50, a finance director of Zambia Railways Limited for abuse of authority of office contrary to section 99 (1) of the Penal Code Chapter 87 of the Laws of Zambia.
He stated that details were that between November 1, 2012 and April 30, 2013, Prof Chirwa and Mwale, whilst acting together, abused the authority of their office by authorising a total payment of K289,128.84 to Fallsway Apartments of Lusaka for accommodation for the benefit of Prof Chirwa without following laid down procedures.
Chibanku stated that Prof Chirwa and his co-accused, who have since appeared in the Kabwe Magistrates' Court, have pleaded not guilty to the charges.
And in a similar development, the commission has arrested and charged two public officers for Choma Municipal Council for abuse of authority of office and uttering a false document involving K91,000.00.
Chibanku stated that the two officers, namely Killian Chibbunu, 49, a chief community development officer and Gabriel Malata, 47, a draftsman are alleged to have acquired eight pieces of land in Choma without following laid down procedures, which land they sold to unsuspecting members of the public.
He stated that the two are facing eight counts of abuse of authority of office each.
Chibanku stated that the accused persons appeared for mention in the Choma Magistrates' court yesterday.
Labels: CHRISTOPHER CHIBANKU, CLIVE CHIRWA, CORRUPTION, COURTS, ZAMBIA RAILWAYS
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Konga testifies against Rupiah
By Mwala Kalaluka
Thu 15 Aug. 2013, 14:00 CAT
KENNETH Konga yesterday testified against Rupiah Banda in a case where the former president is facing abuse of authority of office charges related to a government-to-government Nigerian crude oil deal.
This is a matter where Banda, 76 of Plot No. 2758, off Leopards Hill Road, Lusaka is facing abuse of authority of office charges in relation to the alleged illegal procurement of oil from Nigeria to the tune of US$2.5 million whose proceeds allegedly went into an offshore account.
Konga, who is former energy minister and MMD member of parliament for Chavuma, testified before a packed courtroom presided over by Lusaka chief resident magistrate Joshua Banda that they were in dire need of the Nigerian oil and as such did everything to ensure that the deal worked out.
"I accompanied RB when he went to Nigeria on a state visit," he said.
Konga said Banda, Zambia's president between 2008 and 2011, during the state visit met with his Nigerian counterpart where they discussed issues of Zambia getting crude oil from Nigeria.
"After this meeting, I was authorised by RB that I should follow up the issue," Konga said. "I was instructed to follow up formally with a letter to the Minister of Petroleum."
Konga said he took the request letter to the Nigerian petroleum minister as Banda had directed.
He said the Nigerian petroleum minister pledged that he would respond to the letter but that he waited for three days in that country without any response reaching him.
"I wrote another letter. I requested to leave Nigeria…and so I suggested that Maj Kachingwe follows up the oil deal," he said.
Konga said further that at the time he was in Nigeria, he did not have his office stationery with him and he asked for a soft copy of the ministerial letter-head to be sent to him via email from Lusaka.
He said the officers he was with used the emailed letter-head to write the letters in question.
"This is the letter I wrote because my signature is there. I think this is the letter I wrote requesting for oil," Konga said after Director of Public Prosecutions Mutembo Nchito asked him to identify a document.
"Yes, also this is the letter I did write to the Minister of Petroleum, that Maj Kachingwe be the person they should deal with after I have left."
Konga said nothing happened around the oil deal for sometime but that the following year when he was intent on travelling to Nigeria on a private visit, Banda asked him to follow up on the issue when he went to seek permission from him.
He said it became apparent that getting through to the Nigerian decision-makers would be difficult and that Maj Kachingwe informed him that there were some Nigerian gentlemen who could facilitate the resolution of the oil for Zambia.
"Maj Kachingwe introduced them to me as Mr Akpan," Konga said. "I recall Mr Akpan who was introduced by Maj Kachingwe said that they could help our country to fast-track the request which Zambia had made."
Konga said he first met Akpan Ekpene during Banda's state visit to Nigeria.
"Maj Kachingwe indicated that although I had designated him to be the person to follow up on Zambia's request for oil, Mr Akpan would help fast-track the resolution of the request," he said.
Konga said he came back to Zambia but that he had to go back to Nigeria on a private visit and that as usual he went to seek authority from Banda.
"During the seeking of authority, he requested that I should find out the progress of Zambia's request for oil from Nigeria," Konga said.
"When I got to Nigeria, I contacted Mr Akpan again because, you recall, I said he was the person who could fast-track for Zambia. I contacted him to find out what the progress was."
Konga said there was no positive response that he could bring to Banda.
"If I recall, it was during the MMD Convention that was in Kabwe when again Maj Kachingwe came to tell me that he had heard that Zambia's request for fuel from Nigeria was granted," he said. "I was actually thrilled. I felt thrilled."
Konga said he was thrilled because Maj Kachingwe was somebody reliable.
"I informed His Excellency about it," he said.
Konga said he gave Ekpene the authority to act as an agent on behalf of Zambia over the Nigerian oil deal after he sought authority from Banda.
"Genuinely we wanted to get fuel that could help the country.
Therefore, when we made this request from the Nigerian authorities, there was need to follow up," Konga said.
"I had to seek His Excellency's authority because this man Akpan…he needed to have an authority with the Zambian government, which is what I discussed with His Excellency to see that he is given."
Konga said a document was raised and signed for Ekpene but that he has since forgotten what it was called.
"We were in dire need of fuel, so we had to do everything to make sure that this oil deal with Nigeria works so that the country benefits. So I consulted the president and said, 'Akpan wants authority…the president told me that 'okay, you can go ahead and give him the authority.'"
Konga also identified a letter that Banda wrote to his Nigerian counterpart requesting 45,000 barrels of crude oil per day, which he said could have been one of the documents that were seized from his residence by law enforcement officers.
"I am here because of the search by the government agencies in December 2011," he said. "Very few people have experienced a search. It is very traumatising, to say the least."
Nchito then concluded leading Konga in evidence-in-chief and the matter was adjourned to October 21 for continuation of trial after Banda's lawyers indicated that they needed some time before they could cross-examine Konga.
After Konga finished his testimony, he followed Banda as he left the accused dock, greeted him and they walked out of the courtroom together.
Labels: CORRUPTION, COURTS, KENNETH KONGA, MMD, RUPIAH BANDA
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Bredenkamp faces US$4m swindle charges
08/07/2013 00:00:00
by Staff Reporter
LOCAL tycoon John Bredenkamp has appeared in court facing fraud charges after allegedly failing to repay a US$4 million loan secured from a fellow businessman.
Bredenkamp, who is said to enjoy close ties with the Zanu PF hierarchy, appeared in court last Friday accused of swindling former Sahawi International director Yaqub Ibrahim Mohammed.
The Mazowe-based tycoon was not formally charged when he appeared before Harare magistrate Donald Ndirowei and was remanded out of custody to September 9 on US$2,000 bail.
He is also charged with borrowing foreign currency from an unauthorised dealer without the approval of the Reserve Bank of Zimbabwe (RBZ).
Prosecutor,Tungamirai Chakurira, said some time in 2002, Bredenkamp secured a US$4,212,123 loan from Mohammed who raised the money through cigarette manufacturing firm, Sahawi International, which was based in South Africa.
Chakumira said Bredenkamp misrepresented to Mohammed that he would pay back the money once he sold his mine, Kababankola Mining Company, in the Democratic Republic of Congo (DRC).
Mohammed advanced him the cash at 6% interest per annum, capitalised monthly.
The court heard that Bredenkamp sold his DRC mine in 2006, but would not repay the loan and became evasive prompting Mohammed to report the matter to the police.
The prosecutor also said by borrowing the cash without securing authority from RBZ Bredenkamp – who resides at resides at Thetford Farm in Mazowe - contravened sections of the country’s exchange control regulations.
Labels: COURTS, JOHN ARNOLD BREDENKAMP
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(NEWZIMBABWE, SAPA) Zimbabwe loses SA court appeal
27/06/2013 00:00:00
by SAPA
THE government lost a Constitutional Court appeal on Thursday against a SADC Tribunal costs order awarded to a group of farmers who challenged the loss of their land. The court dismissed the government's appeal against a decision of the Supreme Court of Appeal in the matter.
The farmers' land was expropriated in terms of the country's land reform policy but the farmers approached the Southern African Development Community (SADC) Tribunal for relief and the tribunal decided in their favour.
Zimbabwe refused to comply with its decision and the farmers again approached the tribunal for relief. The tribunal found in their favour and granted a costs order against the government. Again Zimbabwe failed to comply.
The farmers approached the High Court in Pretoria for the registration and enforcement of the costs order in South Africa.
The court ordered the registration and execution of the costs order against the Zimbabwe government's property in South Africa, in Cape Town and Johannesburg.
A high court application for the rescission of the order was dismissed.
Zimbabwe appealed unsuccessfully to the SCA and approached the Constitutional Court, which also dismissed its application.
The majority of judges held that the Constitution enjoined South Africa's courts to develop the common law to facilitate the enjoyment of the rights provided for in the Bill of Rights.
The court said Zimbabwe’s agreement to be bound by the Tribunal Protocol, including article 32, constituted an express waiver in terms of section 3(1) of the Immunities Against States Act.
Labels: COURTS, LAND REFORM, SADC, ZIMBABWE
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Zimbabwe to ignore SA court rulings
01/03/2013 00:00:00
by Staff Reporter I SAPA
ZIMBABWE will ignore the rulings of South African courts hearing challenges to the country’s reforms by some white former commercial farmers, President Robert Mugabe has said.
More than 4,000 white commercial farmers have lost their farms since 2000 when Zimbabwe launched a land reform programme Mugabe said was needed to address historic imbalances in land distribution as well as economically empower the country’s black majority.
But 78 of the ex-farmers are challenging the process in South Africa’s courts.
However, Mugabe told state media Friday that Zimbabwe would not be bound by the decisions of the courts.
“In South Africa they have certain elements outside the ANC and cannot be controlled by the ANC and these are elements that once upon a time where here and were unseated by us and have realised that in South Africa you can go to court and get judgements,” he said
“But let them have those judgments, we will simply ignore them, South African courts have no jurisdiction over us so we will simply ignore them.”
South Africa's constitutional court reserved judgment on Thursday on whether local courts could enforce rulings made by the Southern African Development Community (SADC) tribunal against Zimbabwe.
The case involves 78 Zimbabwean farmers who lost their farms during the land reforms and successfully petitioned the SADC Tribunal in 2007 for compensation.
Zimbabwean officials ignored two of the tribunal's orders resulting in the farmers approaching the North Gauteng High Court in Pretoria to have the orders enforced in South Africa.
The High Court ordered the seizure of several Cape Town properties which were owned by the Zimbabwean government.
Zimbabwe approached the North Gauteng High Court in Pretoria to have the ruling revoked. The application was denied. The country then asked the Supreme Court of Appeal to intervene. Their application was again dismissed.
But, in its application to the Constitutional Court, Zimbabwe argued that protocol did not allow for a judgment obtained against Zimbabwe to be enforced in South Africa.
Meanwhile, AfriForum lawyer Willie Spies expressed his satisfaction with the course of the trial.
"If the appeal by Zimbabwe is dismissed, international legal history will be made, as the planned sale will be the first sale in execution of property belonging to a state that had been found guilty of gross human rights violations," he said.
Labels: AFRIFORUM, COURTS, LAND REFORM, ROBERT MUGABE
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Media barred in MDC-T activists trial
Tuesday, 12 February 2013 00:00
Court Reporter
A STATE witness in the trial of the 21 MDC-T activists accused of murdering a police officer in Glen View in 2011 yesterday testified in camera at the Harare magistrates’ courts after indicating that she was not comfortable giving evidence in an open court because of the threats she received.
The media was barred from covering the case, with Chief Superintendent Charles Ngirishi ordering journalists out in the presence of riot police.
The case had been moved from the High Court to the Victim Friendly Court (VFC) at the request of the Attorney General’s Office. The State witness, Edinah Chihota, was expected to give evidence on a closed circuit television screened from a separate room.
Justice Chinembiri Bhunu recently granted the prosecution’s application for Ms Chihota to testify at the VFC at the Harare magistrates’ court. Mr Edmore Nyazamba from the Attorney-General’s Office confirmed the media was barred because of the High Court application for Chihota to testify in the absence of the media.
“It is a result of the application we made at the High Court such that her (Chihota) evidence will not be published,” he said.
The MDC-T activists are accused of murdering Inspector Petros Mutedza, who was stationed at Borrowdale Police Station and attached to the police reaction group.
He died after being allegedly attacked by the MDC-T youths on May 29 in 2011 while investigating an illegal meeting they were holding at Glen View 3 Shopping Centre. His colleague sustained injuries during the alleged attack.
Labels: COURTS, MDC
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Sondashi urges govt to register London judgment
By Allan Mulenga
Tue 05 Feb. 2013, 15:20 CAT
DR Ludwig Sondashi says the government should not sidetrack on the registration of the London judgment. "Our party would ensure that the judgment is registered so that we can get what was stolen from Zambians by the late president Frederick Chiluba. There is no beating about the bush," he said.
Dr Sondashi was commenting on justice minister Wynter Kabimba's statement that the 2007 London High Court judgment was not a dead issue.
Dr Sondashi, who is president of the Forum for Democratic Alternative (FDA), said there was no turning back by the government as the judgment was exhaustive.
"The Minister of Justice, Wynter Kabimba, is saying that 'they are still studying the London judgment'. The London judgment happened a long time ago. The country up to now cannot be studying the London judgment. Everybody knows what was written in the London judgment and the judgment was very exhaustive," he said.
Dr Sondashi said the government should be seen to be serious by registering the London judgment because it was one of the campaign promises.
"It is now over 90 days in which they said they will register the judgment. The London judgment must be registered urgently," he said.
"They must not sidetrack on the registration of the London judgment. They should fulfil what they promised the nation," said Dr Sondashi.
Recently, veteran politician Simon Zukas said Zambians should not ignore the registration of the London High Court judgment against Chiluba which the Rupiah Banda regime blocked.
He said although the main culprit in the matter was deceased, Zambians should not allow the assets that were acquired in the process to continually be enjoyed by the culprit's associates.
In May 2007, the London High Court found Chiluba liable to defrauding Zambians of over US$49 million mostly spent on personal items such as designer clothes.
The evidence in that case included more than 100 pairs of size six shoes, many of them monogrammed, and scores of designer suits bought from Boutique Basile in Geneva, where Chiluba spent more than £300,000, sometimes paid in suitcases full of banknotes.
British judge Smith ordered Chiluba to repay £23 million to the Zambian government.
But the Banda regime frustrated the registration of the judgment in Zambia.
Labels: COURTS, FREDERICK CHILUBA, LUDWIG SONDASHI, WYNTER KABIMBA
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Nawakwi wins rape threat case
By Abigail Chaponda in Ndola
Sat 02 Feb. 2013, 12:30 CAT
CHIEF resident magistrate Collins Lundah yesterday convicted former UPND national youth chairman Joe Kalusa and fined him KR10,000 for threatening to organise cadres to gang rape FDD leader Edith Nawakwi.
And in an interview after Kalusa's conviction, Nawakwi said it was sad that women in Zambia were regarded as weaker vessels.
Kalusa was charged with one count of threatening violence.
Matters before court were that Kalusa, 40 on September 14, 2012, allegedly issued the threat in Ndola to the effect that he would organise cadres to "gang rape" the opposition leader.
Kalusa had vowed to organise UPND youths on the Copperbelt to 'gang rape' Nawakwi in order to teach her to respect married men like UPND leader Hakainde Hichilema.
His threats were issued after due to Nawakwi's criticism of Hichilema in the media.
In passing judgment, magistrate Lundah said out of the KR10,000, five thousand should be given to Nawakwi as compensation.
He said the KR10,000 should be paid within three days in default nine months imprisonment.
Lundah said he regarded every woman as his mother, sister and daughter, and that women should be respected.
He said that insulting a woman was as good as insulting one's mother.
"Politicians should always remember to talk about issues and not insult each other. Talk about issues that are affecting people and not who has children with who and who is having sex with who. Use civil language to each other and not insults," he said.
And Nawakwi said many children, women and grandmothers were being abused and threatened with permanent injuries where they live or at their work of places.
"I wish to commend the magistrate, he has set precedence. He has written the law that shall be followed from on onwards. Up until this point, our menfolk did not realise that verbal violence is a criminal offence under the Penal Code," she said.
Labels: CADRES, COURTS, EDITH NAWAKWI, JOE KALUSA, POLITICAL VIOLENCE, RAPE, UPND
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