Judge Chisanga personal - Zulu
By Kombe Chimpinde and Mwala Kalaluka
Sat 26 May 2012, 12:45 CAT
JUSTICE minister Sebastian Zulu has accused High Court judge Fulgence Chisanga of being personal in her judgment delivered against the state in which she decided to sustain a stay of proceedings of a tribunal appointed by President Michael Sata to probe the alleged misconduct of three suspended judges.
Meanwhile, the judges that held a closed-door meeting with President Sata at State House on Thursday afternoon failed to raise the issue of their suspended colleagues during the interaction, according to sources.
On May 17, the state, through Solicitor General Musa Mwenye, filed summons to discharge the leave to commence judicial review proceedings earlier ordered by judge Chisanga following an application by two of the suspended High Court judges - Nigel Mutuna and Charles Kajimanga.
Judge Chisanga said in her judgment, that: "At the hearing, Mr Shonga Junior sought guidance from the court in view of statements being made and made particular reference to the Honourable Minister of Justice who had given a press conference on the matter. When asked, the learned Solicitor General Musa Mwenye informed the court that he was not privy to statements allegedly made by the Minister of Justice and left it to the court to deal there with. I accordingly directed that no press statements be issued on the matter, it being subjudice and advised the Solicitor General to impress upon his clients from making comments on the process before the court."
She described Zulu's statements that decisions made by the state are not amenable to be stayed in judicial review proceedings as misguided.
"It is therefore misguided to characterise the consideration by the court of a matter duly issued out of the High Court as anarchy," she said in her judgment.
"This conduct is unbecoming of a person on whom the lofty status of State Counsel has been coffered and in fact demeans the eminent status."
Judge Chisanga further said Zulu's statements were "unreservedly contemptuous of the court" and that "professional ethics were seemingly sacrificed on the altar of expediency".
But Zulu said the remarks attributed to him in the judgment were personal.
"She is being personal but as I said I don't want to comment on that. I am state counsel myself and remember that the last bite is the deepest or the last cut is the deepest. Let her have her day; I don't want to be arguing with the judge at this point in time. She is a judge, she is entitled to say anything in her judgment. And me as politician I have got my own word also so we have different roles," Zulu said.
He said the state did not have any preconceived ideas by embarking on state reforms but to merely clean up the Judiciary.
"We are not pleased. We are dissatisfied with the judgment and I instructed the Solicitor General to appeal. We are going to the Supreme Court in chambers. That's the way forward. All we want are reforms in the Judiciary, that is all I am saying. I hope that the Solicitor General will make an application very, very soon. The state has since filed a notice of appeal on the matter," said Zulu.
The state is on Monday expected to file appeal documents in the Supreme Court following judge Chisanga's decision to sustain the stay of a tribunal appointed to probe the alleged misconduct of three suspended judges.
And sources told The Post yesterday that the selected judges who consisted High Court judges-in-charge and three Supreme Court judges, among others, did not have a clear-cut agenda for their meeting with President Sata.
"They judges didn't give any agenda. They just came and said they wanted to meet," the source said.
"At the end of the day they just started talking of the difficulties they had in terms of furniture. So there was nothing serious that they raised. I suspect they came to raise things but they didn't have the courage."
President Sata's special assistant for press and public relations George Chellah stated in a press release on Thursday that the meeting which lasted about one hour, was cordial, as both parties conferred on matters of common interest concerning the challenges facing the Judiciary.
Others that attended the meeting are justice minister Sebastian Zulu, Director of Public Prosecutions Mutembo Nchito, Attorney General Mumba Malila and Solicitor General Musa Mwenye.
President Sata, according to Chellah, stressed the need for constant dialogue and interaction between the Executive and the Judiciary.
Labels: JUDICIARY, MUSA MWENYE
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Injunction against tribunal is illegal and amounts to a direct attack on the President’s decision – Zulu
TIME PUBLISHED - Thursday, May 17, 2012, 2:05 pm
Justice minister Sebastian Zulu has described the decision by the Lusaka High court to stay proceedings of the Tribunal appointed by President Michael Sata to probe the alleged professional misconduct of three suspended Judges as illegal. Mr. Zulu says the court’s decision is an illegal and amounts to a direct attack on the president’s decision.
He says government is surprised that the judiciary is refusing to be accountable to the people by not allowing the exercise of its power to be checked by the executive through the procedures provided in the constitution.
Mr Zulu has told a media briefing in Lusaka that this is the first time since independence that the judiciary has acted in such a manner.
He warned that the growing trend where the country is having a dictatorship of the judiciary is a recipe for anarchy.
The Justice Minister stated that if such a trend is not addressed, it may lead the country into serious problems.
Mr. Zulu says the judiciary should not shield itself from investigations.
He says the people of Zambia are tired of complaints of incompetence, corruption, and collusion in the judiciary.
Mr Zulu adds that government has given the judiciary enough time to correct itself and that it is the hope of the government that they will not betray the aspirations of the Zambian people.
Lusaka High Court Judge Flugence Chisanga yesterday May 16,2012 stayed proceedings of a Tribunal appointed by President Sata to investigate the misconduct of a supreme Court Judge and two High Court Judges after arguments that it was illegal and premature.
Meanwhile Solicitor General Musa Mwenye has applied to the High Court to have the stay of execution of the tribunal revoked. Mr Zulu has confirmed and that application to have the stay revoked will be heard this afternoon.
He has further called on the judiciary to work with the government to ensure that there is smooth delivery of justice in the country.
QFM
Labels: CORRUPTION, JUDICIARY, MUSA MWENYE
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Happy New Year - KK
By Bright Mukwasa
Tue 03 Jan. 2012, 14:00 CAT
DR Kenneth Kaunda says he is confident that Director of Public Prosecutions Mutembo Nchito, Attorney General Mumba Malila and Solicitor General Musa Mwenye make a well-suited team to vigorously fight corruption.
In an interview on Sunday, Dr Kaunda urged Zambians to renew their energies in the fight against corruption this year.
"Happy New Year, but fighting corruption is a central issue in today's Zambia. I am very happy with those appointments, very happy indeed and I am sure those boys will do a good job." "Happy New Year, but the struggle continues," said Dr Kaunda.
Mwenye was sworn in as Solicitor General on Thursday following his appointment by President Michael Sata and subsequent overwhelming approval by Parliament.
Nchito is yet to be sworn in.
President Sata has highly praised his appointment of the trio as the most ‘formidable and deadly' team to handle corruption in the country.
Labels: KENNETH KAUNDA, MUSA MWENYE
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LAZ should continue standing for what is just - Mwenye
By Bright Mukwasa
Sat 31 Dec. 2011, 13:58 CAT
Mwenye yesterday resigned as Law Association of Zambia (LAZ) president following his appointment as Solicitor General. Mwenye said he decided to relinquish his position to avoid compromising the independence of LAZ.
"Although I have anxiously perused the law and have found no provision that obliges one to resign this position as LAZ president when appointed to public office, I have nonetheless decided to resign my position as LAZ president with immediate effect," Mwenye stated in a letter dated December 29th, 2011 addressed to LAZ honorary secretary Paulman Chungu.
"This is so because staying as LAZ president would conflict with my long held belief in the independence of LAZ. Although there are barely four months before the annual general meeting, I am persuaded that the avoidance of even the appearance of a conflict of interest between the office of LAZ president and that of Solicitor General necessitates the decision that I have made."
Mwenye praised the council of LAZ for the resilience shown in the most challenging times.
He said he was grateful to the general membership of LAZ for the immense support accorded to him in his election and also for the rare opportunity of being the only second LAZ president, after prominent Lusaka lawyer Willa Mung'omba, to have been at the helm of the association during the change of government from one political party to another.
Mwenye urged LAZ to continue standing for what was just according to the objectives of the Association as contained in section four of the Law Association of Zambia Act chapter 31 of the Laws of Zambia.
He hoped LAZ would continue on the projects and the undertakings such as the implementation of the multi-million dollar facelift of the secretariat approved by the council and the resolution to focus on the fight against corruption, judicial reforms and the constitution-making process.
Mwenye was sworn in as Solicitor General on Thursday following his appointment by President Michael Sata and subsequent overwhelming approval by Parliament.
Labels: LAZ, MUSA MWENYE, SOLLICITOR GENERAL
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Sata wants action against plunder
By Chibaula Silwamba and Speedwel Mupuchi
Fri 30 Dec. 2011, 14:00 CAT
PRESIDENT Michael Sata says Director of Public Prosecutions (DPP) Mutembo Nchito, Attorney General Mumba Malila and Solicitor General Musa Mwenye are a "deadly and formidable team" to fight corruption and dispense justice.
And President Sata urged new Governor of the Bank of Zambia Dr Michael Gondwe, to work at strengthening the Kwacha.
Speaking at State House in Lusaka yesterday when he swore in former Law Association of Zambia president Mwenye as new Solicitor General, President Sata said there was a lot of money buried by former leaders in the previous regime.
"Mr Mwenye, congratulations. You are one of very few people who would abandon a position of president of the Law Association of Zambia, to come and join the public service. I would like you to hunt for your friend, Mutembo Nchito so that he can take oath and you start functioning. This is the first time we have a deadly and formidable team, Attorney General (Malila), Solicitor General (Mwenye) and DPP (Mutembo)," President Sata said.
"So, please look for Mutembo Nchito. We have to come to work because if they are burying money underground and there is plenty of money and vehicles…the plunder in the last three years was worse, it deprived a lot of people of what they are supposed to do. So I want you to move and assist Zambians."
He urged the trio to ensure that they revamp the legal aid system.
President Sata, who spent over one month in jail on a non-bailable charge of theft of motor vehicle that was later dropped during the late Levy Mwanawasa's administration, said many prisoners had no legal representation.
"I was in prison for 40 days and the majority of people in prison are poor people. Poor people have no representation. Let us revamp the legal aid system and let us also create a new office of district attorney so that people can be properly prosecuted," President Sata said.
"The Legal Aid, look at the conditions of service and come to us. The 40 days I stayed in prison, poor people don't even know what legal representation is. I stayed 40 days because I had a very effective legal representation; I even managed to get bail on a matter which they said there is no bail. My lawyers went around and got a constitutional bail."
President Sata also swore Dr Mwaba Patricia Kasese-Bota to be Zambia's permanent representative to the United Nations in New York, former UPND vice-president Francis Simenda (ambassador to Ethiopia and African Union, Wendy Sinkala (High Commissioner to Namibia), Lt Col Bizwayo Nkunika (who has been transferred from South Africa to the United Kingdom in the same capacity as High Commissioner), Muyeba Shichapwa Chikonde (High Commissioner to South Africa), Mwelwa Chibesakunda (ambassador to Japan), former deputy secretary to the Cabinet Robert Mataka (High Commissioner to Botswana) and Frederick Hapunda (ambassador to Russia).
President Sata urged the eight diplomats to market Zambia and bring business to the country.
"It has taken so long for us to get agreements with the countries where you are going to because some of your relatives whom we appointed in foreign service like Nevers Mumba recently-recalled High Commissioner to Canada, they left stinking names at those missions and you find that those countries are taking so long to try and clear you, making the Ministry of Foreign Affairs look like they are not efficient," President Sata said.
"Go there and see how many Zambians are in that place you will be operating from. Go and build the name of Zambia. Go and bring business to Zambia, don't go and bring business in your pockets."
In apparent reference to Mumba, President Sata wondered how a former envoy could be living in an expensive and luxurious hotel on return.
"Can you imagine a former high commissioner staying in Intercontinental Hotel from his own pocket?" President Sata said.
"Some of you have been there before. We need to work extremely hard; we need to bring back the glory which we have lost. Zambia provided leadership in the past but we are not doing it anymore because of selfishness."
President Sata said he was not looking at one's tribes when appointing people to decision-making positions like diplomats but an individual's contribution to the nation.
President Sata told Dr Gondwe, after he was sworn in, to work with finance minister Alexander Chikwanda and others to ensure that Zambians benefit from all exports.
"Why should we export our goods and not knowing how much they are worth? People get our emeralds in pockets and go and fetch millions of millions of dollars in India. Work with the minister of finance and bring back the statutory instrument that any cent which is exported from Zambia, the Zambian people must benefit from what is coming from their own soil," President Sata said.
"God was not silly by giving us all the precious stones. If God was silly He could have given the Japanese precious stones but He gave to us. So, we must benefit. We know you are a very hard working person. Let us work as a team and bring back the economy. At the moment, aren't we ashamed as Zambians that our currency is (one of) the weakest in the world? Go there and strengthen it."
At the same ceremony, President Sata swore in permanent secretaries Charles Kapembwa Sipanje (Muchinga Province) and Hlobotha Nkunika (Eastern Province).
"You are not going as kings but as servants of the people. Go and serve the people and you must be loyal to your ministers. I have seen in certain provinces where permanent secretaries are more superior than the ministers," President Sata said.
The President announced that he had two more districts - Vubwi, previously part of Chadiza District in Eastern Province and Lunga, previously part of Samfya district in Luapula Province.
He said the creation of the new districts was meant to ease the administration of the regions.
This brings the number of districts to about 75.
"When people have no representation, they even come with all sorts of things like self-determination or autonomy and when you ask them, ‘how are you going to manage your autonomy?' they start laughing," said President Sata.
And Kasese-Bota, a medical doctor and gender activist, commended President Sata for appointing more women into key decision-making positions.
"I feel very excited that I am a second woman after Gwendoline Konie to be Zambia's permanent representative to the UN," said Dr Kasese-Bota. "I am happy that the President is very gender sensitive. This is a plus in terms of gender equity."
Foreign affairs minister Chishimba Kambwili said the appointment of people from various backgrounds and tribes into diplomatic posts had vindicated the PF and President Sata that it would not appoint cadres into such positions.
"We told you that we are going to appoint people who have requisite qualifications into the diplomatic service. I want to challenge all of you in the media to point at any of those people appointed as ambassador or high commissioner, who is a political cadre," Kambwili said.
"Some people have accused us that we are only appointing cadres and people of Bemba inclination but you can see from the balancing of the high commissioners and ambassadors that we mean well and we shall continue to do that and we want to create a career diplomacy that will bring economic development to Zambia and not to appoint cadres without qualifications."
Labels: CORRUPTION, EMERALDS, MICHAEL SATA, MUMBA MALILA, MUSA MWENYE, MUTEMBO NCHITO
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Strive to restore sanity in DPP's office, Nawakwi urges Nchito
By Kombe Chimpinde
Sun 25 Dec. 2011, 13:57 CAT
MUTEMBO Nchito must strive to restore sanity in the office of the Director of Public Prosecutions, urges Edith Nawakwi.
Welcoming the appointment and subsequent ratification of Mutembo Nchito and Musa Mwenye as DPP and Solicitor General respectively by parliament on Tuesday, Nawakwi said the office of the DPP had lost public confidence because of high levels of unprofessionalism exhibited previously.
She also urged Nchito to execute his duties with high levels of integrity and impartiality.
"We expect that the appointment of Mutembo Nchito will not be an appointment to delve in the past but to create confidence in the office of the DPP. That confidence was not there previously. It has to be a whole new track record, it requires a new outlook, new resoluteness," said Nawakwi, the leader of opposition Forum for Democracy and Development.
"The law in this country is not applied retrospectively. We expect that the appointment of Mutembo Nchito will not be an appointment to delve in the past but to create confidence in the office of the DPP. That confidence was not there previously. It has to a whole new track record, that requires a new outlook, new resoluteness."
Nawakwi said there was a lot of criminality occurring in the country that Nchito and Mwenye should tackle.
"There is a lot that has to be done. Drug trafficking is on the increase, white collar crimes are on the increase. Sometimes it's not for the DPP to decide who has to be prosecuted or not, but I think the best that can happen for this country is for these individuals to create a track record of fairness for the future of the Judiciary in this country," she said.
Nawakwi cautioned Nchito to be above board in his execution of national duties, stressing that Zambians had bequeathed him with the duties of the office of DPP because of the confidence they had in him.
Nawakwi also noted that Nchito's office was key in the fight against corruption, a vice that had taken its toll on the governance of the country.
She said Nchito must be supported by all well-meaning Zambians that had the interest of the country at heart.
"This appointment is not the end in itself, it's a burden that has been placed on the shoulders of the two gentlemen requiring them to be fair, impartial. Non-partisan and professional, none of what the people in the House said should be dismissed as a by the way, because those members represent their own people and whatever has been said in the adoption should be weighed heavily in their execution of their duties on behalf of the people of Zambia," said Nawakwi.
"The President says he does not want corruption, it starts from the office of the DPP, it must not be an office to settle scores."
Labels: DPP, EDITH NAWAKWI, MUSA MWENYE, MUTEMBO NCHITO
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LAZ calls for scrutiny of constitution committee
By Agness Changala
Wed 23 Nov. 2011, 13:59 CAT
LAW Association of Zambia president Musa Mwenye says there is need to subject the Constitution technical committee to scrutiny. And Mwenye says the constitution committee experts can come up with a constitution within 90 days.
Appearing on Muvi Television's The Assignment programme on Sunday, Mwenye said all stakeholders' concerns must be respected.
"And that is the encouragement to those presiding over this process. They need to hear the concerns of everyone, meet them and explain to them," Mwenye said.
He said the debate about the committee now should be whether those in the committee are sufficiently qualified to deliver a document that would stand the test of time or not.
And Mwenye said it was possible to come up with a constitution within 90 days because the data was already available.
"All the information is there; they can distill a constitution based on what had been submitted within 90 days," he said.
He said the draft constitution that the committee comes up with should also be subjected to scrutiny by the opposition political parties, civil society and the public.
Mwenye cited Kenya where the draft constitution was circulated and people were requested to submit their concerns to their members of parliament.
"That is the Kenyan experience, but the point is that after that draft is formulated, it needs to be subjected to scrutiny before it goes to a referendum because that lessens the amount of division in the referendum process," Mwenye said.
He said whether the scrutiny would need the commissioners to go to provincial centres to get more submissions is something that needed to be discussed.
Mwenye said the feeling of LAZ was that the PF could not have a part in the process other than a person who participates in scrutinising the draft.
He said the process must be done by the experts.
"The role of government is facilitative and not as a headmaster or as superintendent. The President and the government should facilitate the process by putting in place all the things that facilitate a truly inclusive and consultative process," Mwenye said.
He said it was extremely important that a political party or one sector of society does not control the process because the process was a national undertaking.
Mwenye said people had been denied a good Constitution that would stand the test of time for too long.
He said Zambians deserved a constitution and if vested interests were taken, it would not be delivered.
Mwenye observed that the country had failed to get a good constitution all the years it had attempted due to political vested interests.
Labels: CONSTITUTION, LAZ, MUSA MWENYE
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LAZ urges ZNBC to stop flouting the law
By Bright Mukwasa
Sun 03 July 2011, 04:01 CAT
LAZ has urged ZNBC to stop flouting the law in the manner it is currently covering national affairs.
In a press statement on the non-compliance of the Zambia National Broadcasting Corporation (ZNBC) to the ZNBC Act chapter 154 of the Laws of Zambia, Law Association of Zambia (LAZ) president Musa Mwenye stated that LAZ had observed with growing concern the unbalanced coverage of national affairs by ZNBC.
“As an association of lawyers whose office demands us to uphold the law and protect the Constitution, we have been compelled to highlight the foregoing because we cannot sit idly by while the law and the rule of law is being flouted,” Mwenye stated.
“LAZ is hopeful that our appeal will receive favourable consideration from those who have a legal duty to attend to the concerns highlighted in this statement. We are in the meantime exploring other options available to enforce the rights of the general public and this may include the institution of public interest proceedings in the event that our concerns do not meet favourable consideration,” he stated.
“LAZ is of the view that the manner in which ZNBC is airing news and current affairs is in conflict and contrary to the provisions of the Zambia National Broadcasting Corporation Act chapter 154 of the Laws of Zambia (the ZNBC Act) whose provisions are supposed to regulate the way ZNBC operates. The situation is compounded by the fact that ZNBC currently has no board of directors and continues to operate without a board of directors, contrary to the law,” Mwenye stated.
“The Law Association of Zambia (LAZ) has observed with growing concern that the news and coverage of national affairs by the Zambia National Broadcasting Corporation is unbalanced and mostly skewed towards coverage of opinions and activities of the ruling Movement for Multi-Party Democracy (MMD) to the exclusions of other stakeholders whose opinions are not given the requisite coverage. In addition, LAZ has also observed that ZNBC has aired libel and slander in its news and current affairs without respect for the right of persons who are the subject of the publication to respond, “stated Mwenye.
Mwenye further stated that the appointing authority should ensure that a ZNBC board of directors consisting of persons committed to fairness, freedom of expression, openness and accountability was appointed without delay pursuant to the provisions of section 4 of the ZNBC Act.
“The provisions of the ZNBC Act which require the board to be representative of a broad section of the population of Zambia must be complied with in this regard,” he stated.
Mwenye stated that section 7 of the ZNBC Act required ZNBC to provide varied, balanced programming and broadcast comprehensive, unbiased and independent news and current affairs.
He stated that ZNBC should clearly distinguish what was news, what was commentary and to serve public rather than partisan interests.
Mwenye stated that ZNBC ought to meet high professional quality standards and to contribute to the development of free and informed opinions and as such constitute an important element of the democratic process.
He stated that ZNBC must reflect as comprehensively as possible, the range of political, philosophical opinions and to reflect and promote Zambia’s diversity and unity.
Mwenye stated that ZNBC must contribute to the tolerance of different opinions, beliefs and defend democratic freedoms.
He stated that management of the ZNBC should adhere to the provisions of the ZNBC Act.
Labels: LAZ, MEDIA, MUSA MWENYE, ZNBC
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Mchenga has no integrity and must go
By The Post
Sun 05 June 2011, 04:01 CAT
The Director of Public Prosecution’s withdrawal of the appeal against Frederick Chiluba’s acquittal on the corruption charges he was facing has done a lot of damage to many things in our country.
And Musa Mwenye, president of the Law Association of Zambia, is right when he says that this case has not aided the development of law in our country and it has left many issues unsettled.
And we feel it has also aided or abated corruption in our country. It has encouraged impunity. It has also encouraged lawlessness. And we know that every lawless act leaves an incurable wound, like one left by a double-edged sword.
It is good that the Law Association of Zambia has decided to put the matter of the failure to appeal Chiluba’s questionable acquittal into proper perspective.
It is important that organisations such as the law association continue to guide our people and explain complex legal issues in a manner that many of our people can understand. It is very difficult to disagree with Musa when he says that the issue they are unhappy about is not whether or not Chiluba is guilty or innocent, but rather the fact that judicial processes have been called into question by Chalwe Mchenga’s recklessness.
A process that should have been allowed to proceed in a normal way was short-circuited to accommodate petty partisan and very narrow interests. Mchenga chose to allow politicians to abuse his power in order to pursue their political interests.
By this act, Mchenga abdicated his office and joined politicians in raping the sanctity of our Constitution and permanently scarring the integrity of the office of the Director of Public Prosecutions.
What Mchenga has done will continue to haunt that office for many years to come. It is difficult for our people to believe that people who occupy that office make decisions in the general public interest. That damage has been done by Mchenga more than any other Director of Public Prosecutions before him.
We are not saying that other Director of Public Prosecutions have not had problems of their own. But what is clear is that Mchenga has taken issues to another level. It is difficult to think of any other Director of Public Prosecutions who has disgraced that office more than Mchenga has.
Even Director of Public Prosecutions in a one party state as Zambia was until 1991 behaved with more dignity, integrity and independence than Mchenga is showing today.
The little law that we have learnt has taught us that one of the ways of ensuring the independence of constitutional offices such as that of the Director of Public Prosecutions is to provide the occupants with security of tenure. This means that the person who occupies such an office cannot be fired in a willy-nilly way.
In theory, this is supposed to work very well because a Director of Public Prosecutions is able to work without fearing that the decisions that he or she takes could end up with them losing their job. But given what we have seen with Mchenga, maybe that should be left to a perfect world.
We say this because security of tenure does not seem to guarantee integrity in tenure. In fact, this security of tenure can be used to protect officers who do wrong things because they know they cannot easily be fired. Where does that leave us?
It seems to us that we must prize integrity above many other qualities that we look for in suitable constitutional office bearers. We say this because competence can be taught or acquired with experience, and where it lacks, it can be borrowed or sourced in many ways.
But integrity cannot easily be taught, especially to those that have learnt to reap the benefits of lacking integrity.
This seems to be Mchenga’s problem. We are not qualified to judge whether Mchenga is legally competent or incompetent, as surprising as that might sound given what we have said about him before.
We say this because we have never worked with him to assess whether he is competent or not. But one thing that we are sure of because we have observed it is that Mchenga is a dishonest, spineless wimp who lacks integrity.
We say this because Mchenga has consistently made strange decisions on important cases which a person of integrity could not have defended or even contemplated making.
We still remember that using or abusing the respect that his office is supposed to enjoy, Mchenga allowed himself to be used by George Kunda to lie to the nation about the case of Kashiwa Bulaya.
They told the nation that there was no strong case against Bulaya and it would be a waste of state resources to prosecute him. Mchenga even went further, as many of us know, to give Bulaya the benefit of a corrupt nolle prosequi which he personally tabled in court.
That case, as we all know, was later prosecuted by the Task Force on Corruption after concerted public pressure and Levy Mwanawasa ordering that it be taken back to court. Bulaya was convicted. He appealed to the High Court and his conviction was upheld. Mchenga still has issues to answer about his behaviour in the Bulaya debacle.
Did he exercise his power independently or did he allow politicians to use his office to rubberstamp their decisions? Our answer to this question is that Mchenga had allowed the politicians to take out the case of Bulaya from the courts and to take it back to the courts when the politics around it became too hot.
It was not Mchenga’s decision to take that matter out of court and to take it back. George Kunda took that matter out of court and Levy took it back to court. Mchenga was simply a dishonourable conduit in this whole matter.
Bulaya’s case is not the only case where Mchenga has disgraced his office. A few days ago, another potential beneficiary of his lack of integrity was unfortunately convicted by the High Court, notwithstanding Mchenga’s wishes.
Mchenga’s office went to court and tried to secure the freedom of Anuj Rathi by condemning the work of the Task Force on Corruption. Instead of Rathi’s lawyers defending their client, the Director of Public Prosecution’s office took over and started defending a criminal.
Shamelessly, Mchenga’s office was arguing that Rathi was not guilty when they knew that Rathi’s co-conspirator retired Lt Gen Wilford Funjika had already been convicted, sentenced and served jail time for receiving bribes from Rathi.
Why was Mchenga ready to embarrass his office by the senseless defence of Rathi? There can be only one explanation: Rathi was a dear friend of Mchenga’s political masters who needed to be protected. Today, Mchenga’s reputation has been torn into further shreds because of his lack of integrity.
A man of integrity would not do with the office of Director of Public Prosecutions what Mchenga is doing with it.
In the matter of Chiluba that Musa is referring to, Mchenga again told lies to the nation. He claimed that he had not given permission to anyone to appeal against Chiluba’s acquittal when he knew very well that such express permission from him was not needed.
We say this because Mchenga had a judgment in his office from judge Mervin Mwanamwambwa which said that once he had given the initial authority to prosecute, there was no need for further authority to appeal. Again we ask: was Mchenga’s statement that he needed to give authority a product of incompetence or was it a question of willful dishonesty and lack of integrity?
Anyway, it is clear that Mchenga has a lot to answer for in the way that he has run his office which he has disgraced completely by seeming prepared to tell lies for the benefit of his political masters. This spineless wimp simply has no integrity and must go.
Labels: CHALWE MCHENGA, DPP, MUSA MWENYE
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Mwenye backs LAZ’s call for DPP to resign
By Patson Chilemba
Fri 18 Dec. 2009, 04:00 CAT
LUSAKA lawyer Musa Mwenye yesterday backed LAZ's demand for Chalwe Mchenga to resign as Director of Public Prosecutions (DPP) because he has questionably used his discretion.
Commenting on the Law Association of Zambia’s demand for Mchenga to resign because the public could no longer be expected to have trust in the DPP’s office as long as Mchenga was there, Mwenye asked Mchenga to use high moral conscience to heed the calls from an important association such as LAZ for him to resign.
"LAZ president Stephen Lungu needs every lawyer’s support on this one, and he definitely has my support. LAZ needs to be commended and granted unflinching support on this score.
In more ways than one, the DPP has exercised his discretion in ways that raise serious questions ranging from his refusal to appeal matters considered meritorious… to his refusal to allow media organisations to carry out private prosecution," Mwenye said. "Unless we see a very radical shift in attributes in that office, those of us who have hitherto held the Office of DPP in high esteem may be tempted to re-examine our fate in that office."
Mwenye advised the government to reflect seriously on the issues raised by LAZ.
"Instead of condemning LAZ, I would expect the government to seriously examine why LAZ, which has until recently adopted a moderate approach to these issues has decided to be more forthright. A little introspection by those tasked with the affairs of the state will reveal that there are some things that just cannot be condoned by right thinking members of society," Mwenye said.
Mwenye said should Mchenga fail to resign, LAZ was competent enough to explore other legal avenues open to it.
"My experience in this country is that people rarely resign on grounds of moral conscience, and I do not expect this situation to be different. But one would expect the holder of that office to exercise the high level of moral conscience, conscience by the holder of the office of DPP. So we would expect that he would heed the calls of an important institution such as LAZ," said Mwenye.
On Wednesday, LAZ asked Mchenga to resign from office, saying LAZ had formed the strong and reasoned view that the greater interest of the public and the criminal justice system in the country would best be served if Mchenga resigns”.
LAZ has written to the Attorney General's chambers complaining that the executive had usurped the powers of the DPP. This followed statements by President Rupiah Banda and his ministers, which confirmed suspicions that the executive instructed the DPP not to appeal the acquittal of former president Frederick Chiluba on corruption charges.
Labels: CHALWE MCHENGA, DPP, LAZ, MUSA MWENYE
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Zambian Airways’ suspension of operations is a tragedy – Mwenye
Written by Allan Mulenga
Monday, January 12, 2009 6:35:49 AM
FORMER Law Association of Zambia (LAZ) honorary secretary Musa Mwenye yesterday said the suspension of operations by Zambian Airways is a tragedy to the nation.
And Federation for Free Trade Unions of Zambia (FFTUZ) vice-president Charles Phiri said the airline's suspension of operations would have negative effects on the economy.
Commenting on the airline's indefinite suspension of all operations, Mwenye, who is also a Lusaka lawyer, said the suspension of Zambian Airways' operations could have been avoided had the government intervened in the matter.
"The suspension of operations of Zambian Airways is a tragedy not only to the shareholders and their families, but also to the entire nation," he said.
Mwenye said since the airline was a strategic courier, the government would have emulated other countries that had dealt with the industry and helped the airline find a lasting solution to the problems affecting its operations.
"Since as a nation we don't have the national courier, the government should have taken a leaf from what had happened in European [countries] or America and take relevant measures to find solutions affecting its operations," Mwenye said.
And Phiri observed that the cost of running business to some extent in the country would be high with the suspension of all operations by Zambian Airways.
"Generally, our economy will be affected because Zambian Airways was offering cheap and reliable services to Zambians in the business sector. We are looking at a situation where people doing business in the country will have no option but to travel by bus both locally and internationally," he said.
Phiri said in the long run, some businesses could collapse because not everyone could afford the high air travel costs.
"Travelling by bus to South Africa will be a difficult undertaking to most businessmen and women and since the operations of the airline have been suspended, we see a situation where very few people will be able to continue running their businesses," he said.
Phiri also said the labour movement was saddened by the high number of workers whose job security was threatened by the airline's decision to suspend operations.
"As FFTUZ, we are deeply saddened by the loss of employment among our members," he said.
Phiri appealed to the government to ensure that the operations of Zambian Airways were sustained as most Zambians depend on its services.
On Saturday, Zambian Airways suspended all of its operations citing high operational costs. According to the airline's board, operations had been suspended until further notice to facilitate restructuring.
The board noted that the last 18 months had been very challenging for the airline industry in general and Zambians Airways in particular.
Labels: AIRLINES, CHARLES PHIRI, FFTUZ, JOBLOSSES, LAZ, MUSA MWENYE, ZAMBIAN AIRWAYS
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There’s need for transformation of politics – Mwenye
Written by Gillian Namungala
Monday, January 05, 2009 6:11:47 PM
FORMER Law Association of Zambia (LAZ) honorary general secretary Musa Mwenye has said there is need for a radical transformation of politics in the country.
Mwenye, who said most problems in the country emanated from the direct or indirect abuse of political patronage, added that the transformation of the country's politics could influence national affairs.
“From my honest assessment, most problems in the country are as a result of heavy political patronage, which affects a lot of national affairs,” Mwenye said.
Mwenye further advised President Rupiah Banda to play a critical role in transforming Zambia's politics before leaving office.
“The legacy that President Banda can leave is a transformed nation in the way politics are conducted,” he said.
And Mwenye called on the government to be proactive in finding solutions to the current economic problems in the country.
Mwenye said time for honeymoon was over for President Banda's government, saying there was need to adequately come up with strategies aimed at protecting the economy from huge economic problems.
“Each government is entitled to honeymoon after election but now the honeymoon is over for this government, now it's time to work in addressing economic challenges,” Mwenye said.
And Mwenye said Zambians should turn a keen eye on the constitution-making process.
Mwenye said despite misgivings over the National Constitutional Conference (NCC), it was fair that the members of the NCC were given chance to conduct their work.
He added that it would be good for members of the NCC to prove wrong those who had been sceptical about the constitution-making process for the benefit of the country.
Mwenye however said anything that would fall short of the recommendations of the Mung'omba constitution would be tantamount to a waste of national resources.
“If the NCC fails, NCC members will bear the collective blame for failing to put up a good constitution,” said Mwenye.
Labels: GOVERNANCE, LAZ, MUSA MWENYE, NCC, PATRONAGE, POLITICS
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Taking part in NCC is a waste of time - Mwenye
By Brighton Phiri
Friday September 28, 2007 [04:00]
IT will be a waste of time and national resources to participate in the National Constitution Conference (NCC) in its current form, Law Association of Zambia (LAZ) secretary Musa Mwenye said yesterday. In a telephone interview from London, Mwenye said the current framework of the NCC had not been handled with the sensitivity and consensus which should accompany the constitution-making process.
"I have been away for almost a month now. I am aware that LAZ will be meeting on Friday (today) to make its stand on the NCC.
I am confident that whatever decision the association will take will be made after a sober reflection on the long-term repercussion on the reputation and integrity of the association in the eyes of the ordinary members of society for whom we have always spoken.
LAZ has always been the bulwark of the defence of the rights of the defenceless. I am confident that there will be no difference this time," Musa said. "This association is yet to speak, but my personal opinion is that the current framework of the NCC has not been handled with the sensitivity and consensus which should accompany such process.
My prediction is that any constitution produced by the current process will have to be redone and therefore, will be waste of national resources."
Mwenye said in its current form, to participate in the NCC, would be in itself, to participate in wastage of the very meagre national resources.
He said it was clear that the composition of the NCC was engineered to favour the government so that they could use the two-thirds majority to their advantage.
"The people are also aware that amongst the representatives stated in the NCC are at least two representatives from the Zambia Intelligence Security Services. It does not require a rocket scientist to figure out that the mere knowledge that the intelligence officials' presence in the conference has a significant influence on the representatives, thereby advancing government's influence of the process," Mwenye said.
"The legitimacy of the constitution-making process is just as important, if not more important, as the substantive provisions of the constitution."
He said the current constitution-making process had been hurried and done without developing the needed consensus.
Mwenye said it was very clear that the vast majority of stakeholders would not accept the outcome of the NCC.
"It is, therefore, futile to participate in the process that does not have the confidence of the majority of the stakeholders. My hope is that those who possess the instrument of power will reconsider their stance on this process. Otherwise I am 100 per cent certain that we will have to redo this process at a great expense to the nation," he said.
In its submission to the Clerk of the National Assembly on the NCC Bill, LAZ stated that for the current attempt at constitution review to be successful it would be important to recognise that the legitimacy of the constitution making process was just as important, if not more important than the content of the constitution itself.
"To achieve the ends of an inclusive and legitimately people driven constitution-making process, the NCC Bill should in all its provisions endeavour to manage the public perceptions and instill confidence in the process by eliminating any perceived control of the process by the executive arm of government," read the LAZ submission.
"A piece-meal or two part approach to the review is undesirable because it has been tried before and has resulted in the manipulation of the process by the executive arm of government. The three-step process recommended by the Mung'omba Constitution Review Commission, which we fully subscribe to, requires the constitution adopted by the constituent assembly to be subjected to a referendum before it goes to Parliament.
"It is important that the constitution be approved by the people in the referendum before enactment in Parliament because it is the referendum that operates as an instrument to enable the Honourable members of parliament to enact the constitution without further debate.
Both the letter and spirit of the current Constitution of the Republic of Zambia shows that the supreme power of the Republic lies with the people and that this power is exercised by the people through the democratic institutions of the Republic."
And according to the LAZ extra-ordinary meeting agenda, the lawyers will today discuss whether or not the association should participate in the NCC.
Women for Change (WfC) executive director Emily Sikazwe asked LAZ to provide leadership and act in the best interest of the majority of Zambians.
"As the Law Association of Zambia holds the consultative meeting on whether to participate or boycott the NCC, Women for Change would like them to provide leadership and act in the best interest of the majority poor people in Zambia as it has always done," Sikazwe said.
"LAZ has been consistent in fighting for a good constitution and as Women for Change, we have respect for LAZ for that. Zambia needs a constitution that will stand the taste of time, a constitution that will ensure that no one is oppressed and a constitution that will ensure that all Zambians participate in national development processes.
"LAZ understands the consequences of the current NCC Act and as such, we will respect the stance that they will come up with.
We would like to advise LAZ not to be swayed by a few individuals, whom we know have the agenda of promoting government's stance over the constitution because of their selfish gains."
Labels: LAZ, MUSA MWENYE, NCC
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SADC demo will go ahead - Oasis Forum
By Noel Sichalwe
Wednesday August 08, 2007 [04:00]
OASIS Forum spokesperson Musa Mwenye yesterday said the government would not stop the civil society from demonstrating during the SADC heads of state summit in Lusaka next week. Mwenye was commenting on justice minister George Kunda’s statement that it was undemocratic for the Oasis Forum and their supporters to demand that their will prevail over the constitution review process. Mwenye said the demonstration would be conducted within the law and that they had followed the law to the letter.
“We intended to be absolutely peaceful and we have followed the law to the letter,” he said. “We gave our notification to the acting Lusaka commanding officer last week on Monday. We have not received any response up to now and by law they are obliged to at least five days before the planned demonstration which is today (yesterday).”
Mwenye said Oasis Forum and the Collaborative Group on the Constitution (CGC) have not broken any law and wondered why Kunda could threaten them instead of leaving such issues with the Minister of Home Affairs.
“The appropriate authority on these issues is the Lusaka Province acting commanding officer and the Minister of Homes Affairs. The statement by the justice minister is ultra vires of the public order Act unless he can confidently say that he is acting home affairs minister.”
He said Oasis Forum only gave a notification for the planned demonstration for Lusaka Province and that if people on the Copperbelt Province intended to join, the CGC would support them.
Mwenye said he had information that the labour movement and other interest groups were also planning a demonstration on the Copperbelt Province whom they would support.
“The Oasis Forum and the CGC can’t stop the other people from demonstration but they have to do it within the confines of the law,” Mwenye said.
And speaking on a Q-FM Radio programme discussing the constitution, Mwenye said the fact that Kunda was concerned about the planned demonstration was a compliment to Oasis Forum and CGC.
He said the Oasis Forum had organised marshals during the planned demonstration to control people so that the procession would be orderly.
“We are proceeding with the demonstration and nothing will stop us,” Mwenye vowed.
“We know a lot of things will happen but we will continue speaking for the will and aspirations of the people.”
Mwenye also said the National Constitutional Bill (NCC) should be withdrawn because it would not be relevant to the current constitution-review process.
He said some of the politicians in the Zambia Centre for Inter-party Dialogue (ZCID) were responsible for the mess in the 1996 constitution-review process and had no moral right to dictate the exercise.
Kunda on Sunday said the demonstrations were unnecessary then as government was putting in place the NCC to adopt the new constitution.
He stated that proponents and organisers of demonstrations, chaos and strikes would be held responsible for any damage to property, loss of life or lawlessness, which would occur during demonstrations.
Kunda stated that it was unfortunate that the Oasis Forum and “those bent on derailing the constitutional review process” intended to demonstrate against government during the SADC heads of state summit next week.
He stated that the intention of government, the ZCID and other stakeholders was to achieve a comprehensive review of the constitution in a less costly manner.
He said the NCC Bill had been presented to the National Assembly and other stakeholders could make submissions on the provisions of the Bill and make suggestions on how to improve it.
Labels: GEORGE KUNDA, MUSA MWENYE, OASIS FORUM, SADC
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Oasis to petition Parliament over adoption of constitution
By Bivan Saluseki and Chibaula Silwamba
Thursday July 19, 2007 [04:03]
POLICE has granted the Oasis Forum and Collaborative Group on the Constitution a go ahead to picket Parliament over the adoption of the new constitution. And UPND president Hakainde Hichilema has said no political party in the ZCID will hoodwink his party in the constitution making process. Meanwhile, Patriotic Front (PF) spokesperson Given Lubinda yesterday called for reconstitution of the ZCID board.
Oasis Forum spokesperson Musa Mwenye yesterday said the picketing would start at 13:00 hours today. Mwenye urged political parties and individuals that support the Forum's stand over the constitution to turn up en masse at Parliament grounds.
He commended UPND for distancing itself from the ZCID roadmap. Mwenye said UPND had realised the danger in the ZCID roadmap.
"The party has woken up to the fact that ZCID roadmap is prone to manipulation," he said.
Mwenye said ZCID's roadmap could not represent the views of the people as contained in the Mung'omba Constitution Review Commission report, which even MMD as a party supported.
He said all political parties should adopt the Mung'omba CRC on the mode of adopting of the constitution as the only credible position.
"It's not too late for this extremely unnecessary acrimony over the constitution to be broken especially that the acrimony has been created by a few politicians' desire to hijack the process of constitution making that rightly belongs to the people," said Mwenye.
And Hichilema warned other ZCID members against having side meetings and issue press statements without the approval of all political party members.
Meanwhile, UNIP president Tilyenji Kaunda yesterday said political parties must not fail Zambians in their enthusiasm and search for a new Republican constitution.
Commenting on Zambia Center for Inter-Party Dialogue (ZCID) spokesperson Newton Ng'uni's statement that the recent presidents' summit agreed on a road map on the constitution making process, Hichilema yesterday said those that thought UPND could be hoodwinked were wrong and would not accept other members of the ZCID to be issuing statements that had not been approved.
"We are alert and awake, other groups in ZCID know that they can't use the UPND to push their agenda," Hichilema said. "Some people think that we are polite and can deceive us but we operate on the principle of being polite and firm. We reason through things."
He said ZCID should do the right things if it were to be relevant to the constitution making process. He said it would not help the ZCID for its spokesperson to be issuing statements that were 'incorrect' and not approved by the ZCID member political parties.
"How do you make statements that have not been approved by the whole group? That means you have other agendas. That statement is for the spokesperson and the people he is conniving with and not all political parties," Hichilema said. "We know that some people from the MMD will go to ZCID to preserve their positions but we are not there for that, we are there for the people of Zambia."
Hichilema said political parties and the civil society should work together with all Zambians in the process. And Tilyenji said the constitutional conference was an opportunity to make things right in Zambia.
"We as political parties must work hard to win the trust and confidence of all key stakeholder interests that we mean well and shall deliver a constitutional process whose outcome shall be acceptable to all Zambians," said Tilyenji at a press briefing at ZCID offices in Lusaka.
He said political party leader must be able to identify matters of national importance on which consensus among them was possible. Tilyenji said it was good for the public to know that on some particular issue of national importance all political parties were of one mind.
Tilyenji also said political party leaders had a responsibility to build bridges across party lines and to treat one another with courtesy and decorum. And Lubinda said ZCID board chairman Katele Kalumba should immediately convene a board meeting to resolve the impasse between the board and PF.
"If ZCID must succeed, then we have to reconstitute the whole board. The levels of mistrust are so deep that we cannot possibly sit and chat the way forward in any meeting under ZCID," he said.
Lubinda said PF would not participate on any ZCID activities for as long as issues of neutrality remained unresolved.
"We demand to be treated with respect and not to be ridiculed by a member of the ZCID board," he said in relation to a statement issued by Newton Nguni yesterday.
Lubinda said PF and UPND had 65 members of parliament in total and could not be controlled by small parties with only a total of eight members of parliament.
"When we were forming ZCID it was not our intention to create a monster which is ballooning day by day to a point where a few members of the board develop this notion that they are supervisors and spokespersons of political parties," he said.
Lubinda said the presidents' summit did not refer to the ZCID roadmap.
He said PF reserved its right to take whatever action it deemed appropriate, which included a total and irreversible pull out from ZCID.
And PF secretary general Edward Mumbi said there was unfaithfulness in ZCID hence PF's pull out. He said the PF had been vindicated as other parties like UPND were now distancing themselves from the ZCID roadmap. Nguni said Zambians must take note of the conduct of PF after agreeing to the roadmap both at board and summit of president's level.
"This shows that there is no guarantee that all stakeholders will support the referendum question," said Nguni.
"The oasis Forum would like guarantees that the new constitution would be subjected to a national referendum. If this is their only demand, then all differences should be resolved because that could be done without affecting the tow-stage enactment process outlined in the ZCID roadmap."
Labels: CONSTITUTION, GIVEN LUBINDA, HAKAINDE HICHILEMA, MUSA MWENYE, OASIS FORUM, PF, TILYENJI KAUNDA, UNIP, UPND, ZCID
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