Regina complains of a hard life
By Moses Kuwema and Mukosha Funga
Tue 19 June 2012, 13:25 CAT
REGINA Chiluba says the past one year has been the hardest of her life. And Frederick Chiluba's son, Kaindu, says he remembers his father as a kind-hearted, down-to-earth, friendly and generous man.
Meanwhile, late Chiluba's pastor Bishop Peter Ndhlovu says what has happened to him (Chiluba) should not happen to any leader.
In a speech read for her by Barbab Coker during the memorial service for her late husband at the Cathedral of the Holy Cross yesterday, Regina said her house no longer felt like a home any more.
"This past year has been one of the hardest of my life. We dearly miss your presence especially your grandchildren, some of whom are still too young to understand your absence," Regina said.
Regina said the hand of God had seen her family through the hardships.
"We have all been comforted by the fact that you are resting in the arms of the Lord, the God Whom we worship day and night. We continue thanking God for the time that He gave you to us. We also thank God for the things that you taught us and everything that you did for this nation," she said.
Kaindu said Chiluba was a champion of democracy and was one of the pioneers of multiparty democracy in Zambia.
"Dr Chiluba is well remembered as a great son of Zambia who brought significant change to the country, politically and economically. As the president, he introduced among others, the home empowerment scheme to the benefit of all Zambians," he said.
Meanwhile, acting President Alexander Chikwanda said the press in Zambia was operating the way it was now because of Chiluba's leadership.
Chikwanda described Chiluba as a person who had no malice in his life.
Speaking at the same event, Bible Gospel Church in Africa Bishop Peter Ndhlovu said it was only when people knew God that the country could be free from corruption.
Bishop Ndhlovu said for as long as people's hearts remained corrupt, it would be difficult to fight corruption.
"If we want to fight corruption, we must know there is God. When we know God, we will have a corrupt free country. We can put in all the mechanisms but for as long as man's heart remains corrupt, it will be difficult," he said.
Bishop Ndhlovu also said people must learn to discuss matters on the table and not go to the grave with bitterness.
"Politics is of respect and forging ahead. Let's celebrate this man's life, not with bitterness. What has happened to him, let it not happen to any leader," Bishop Ndhlovu said.
The memorial service was attended by a number of people that included family members, government officials, leaders of opposition political parties, the Deputy Speaker Mkhondo Lungu and acting deputy chief justice Florence Mumba, among others.
Later, family members led people in laying wreaths at Chiluba's grave at the Embassy Park.
Labels: FREDERICK CHILUBA, REGINA CHILUBA
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Regina should not thank Zambians for her acquittal - Milupi
By Mwala Kalaluka
Thu 09 Dec. 2010, 04:01 CAT
REGINA Chiluba should thank those that acquitted her instead of the Zambian people that are shocked at her acquittal, says Charles Milupi. Milupi, who is the opposition Alliance for Democracy and Development leader, said there was nothing for Regina to thank the Zambian people for following her acquittal by the Lusaka High Court on Tuesday. Milupi made the comment in an interview from Zambezi West.
He said the outcome of Regina’s case was not surprising because institutions that were supposed to be independent were beholding one arm in the separation of powers, which was the Executive.
“All the three arms of government must redeem themselves,” Milupi said.
He said the people that had compromised themselves to please the Executive should not assume that Zambians were not watching them.
“Zambians must not cheat themselves that in MMD and its government they have champions of anti-corruption,” said Milupi.
Transparency International Zambia said Regina’s acquittal had not come as a surprise.
TIZ president Reuben Lifuka said Regina’s acquittal seemed to be part of the grand scheme to absolve Chiluba of any corruption charges or allegations.
Lifuka said the moment Chiluba was acquitted of corruption by then magistrate Jones Chinyama, it became clear that a path was also being prepared for Regina to be acquitted.
Meanwhile, Anti-Voter Apathy Project executive director Bonnie Tembo said Regina’s acquittal was something expected.
Tembo said it was obvious that anyone that had dealt with Chiluba would be let off following his acquittal by the Lusaka magistrates’ court.
Regina was on Tuesday acquitted of all charges of receiving stolen property by a panel of three High Court judges.
According to judge Evans Hamaundu, who read the judgment, Regina was entitled to be acquitted because at the close of the prosecution the key ingredient of the charge was not established.
Labels: BONNIE TEMBO, CHARLES MILUPI, CORRUPTION, COURTS, EVANS HAMAUNDU, REGINA CHILUBA
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Regina relies on her business prowess to challenge conviction
By Mwala Kalaluka
Wed 16 June 2010, 04:01 CAT
FORMER president Frederick Chiluba’s wife, Regina yesterday argued that it was wrong to suspect that the properties she had been convicted for by the Lusaka magistrates’ court were stolen given her background as a top business lady on the Copperbelt.
This is in a matter in which Regina has appealed against her three and half-year simple imprisonment by Lusaka chief resident magistrate Charles Kafunda, which entered its second day of hearing before High Court judges, Evans Hamaundu, Eddie Sikazwe and Catherine Makungu.
Regina was convicted for failing to account for properties in her possession, which were alleged to have been stolen or unlawfully obtained.
Regina argued through her lawyer Robert Simeza that there was no evidence by the prosecution to prove that she possessed the properties in question.
Simeza submitted that Regina’s explanation over the properties, which include buildings on plots number KIT643, KIT645 and NDO14, was never challenged by the prosecution.
“The question of possession and control of these two properties by the appellant was not challenged but it would appear that the lower court made a finding of possession purely on account of payment, which was done in respect of the properties,” Simeza said.
He said magistrate Kafunda’s holding that Regina possessed the properties in question was in conflict with the evidence on record.
Simeza said it was unfortunate that the judgment concluded that there was a contract of sale in respect of property KIT643, which was said to have been bought at US$48,000 when it was never owned by Regina.
“This testimony was simply glossed over by the lower court to conclude that the appellant was in possession,” he said.
Simeza said in the case of property KIT645, which was said to have been bought at US$65,000, Regina’s explanation that the transaction had not been completed to date despite her borrowing money from Ben Mwila to pay for it had also been glossed over by the court.
“The lower court simply concluded that because there was a payment the contract of sale was executed,” he said. Simeza also wondered why Regina’s ex-husband, Mwanza, who was also a director in Lilo Investment was not asked to account for property NDO14, which was acquired by the company.
“Here the appellant was convicted purely because she financed the acquisition,” he said.
Simeza said no evidence had been laid before the court to prove that during her time of arrest she conducted herself in a manner that created reasonable suspicion that the properties in question had been stolen.
Simeza said magistrate Kafunda erred when he held that Regina’s explanation of how she came into possession of the properties was unsatisfactory.
Simeza said the court also set its own high standards when it stated that the transactions on the properties were huge transactions and that being a business person Regina should have transacted through the bank system.
“Even a question of what amounts to a huge transaction is subjective. It is our standing. The wealth that we interact with around,” Simeza said. “When you look at what she is interacting with in this particular case there should have been no doubt in the court’s mind.”
Simeza said Regina’s business prowess was seen in the manner Standard Chartered Bank classified her as a corporate client at the time.
Simeza said the K474 million that was found in her account came from proceeds of property settlements at the time she was divorcing her ex-husband and there were also huge sums involved in disposing of some of her businesses on the Copperbelt.
“The appellant did discharge her evidential burden,” Simeza said. “The benefit of doubt in that case should have been given to the appellant and not concluded that this was just a pack of lies.”
Simeza said on those grounds alone Regina was entitled to an acquittal and it was their prayer that the conviction be set aside.
Hearing continues.
Labels: CORRUPTION, REGINA CHILUBA
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Vera avoids shaking hands with Chiluba, Regina
By Christopher Miti and Chibaula Silwamba in Mtenguleni
Wed 03 Mar. 2010, 04:30 CAT
VERA Chiluba Tembo on Saturday avoided shaking hands with her former husband Frederick Chiluba and his wife Regina at Mpezeni's temporal residence Laweni when the former head of state went to pay a courtesy call on the Paramount Chief of the Ngoni people.
And Vice-President George Kunda said Zambian languages and customs are under threat because of modern technology. Meanwhile, Mpezeni has suspended the Lusaka Nc'wala Ceremony Organising Committee for allegedly leaking information that South African President Jacob Zuma and President Rupiah Banda would not attend this year's Nc'wala traditional ceremony.
Vera, who is also environment and natural resources deputy minister, was among senior government and MMD officials that queued to welcome dignitaries at Laweni, a temporal house where Mpezeni stays two nights before, during and immediately after the Nc'wala traditional ceremony.
As Chiluba and Regina approached the Laweni yard, Vera quickly stepped out of the queue and joined the Ngoni Impis who were singing and dancing on the other side of Laweni.
After Chiluba and Regina greeted the officials, met Mpezeni and left the Lewani, Vera returned to the queue and welcomed other dignitaries who were going to pay courtesy call on the Paramount Chief.
When Vice-President Kunda arrived at Laweni, Vera got an animal-skin-made Ngoni traditional headdress and dressed it on the Vice-President's head.
When approached later at the Nc'wala main arena for an interview to explain about what happened at Laweni, Vera refused, saying: “Tawelela mwambo kuno. Mwauona mwambo. We have come for the ceremony. You have seen the ceremony.”
And Vice-President Kunda observed that Zambia's languages and oral traditions were under threat because some parents were failing to teach their children to use them.
“As parents, we must ensure that the television, internet and other media teach our children our traditional and culture and heritage,” Vice-President Kunda said.
He said the government valued the role that chiefs and other traditional rulers played in safeguarding the country's cultural heritage.
“It is this cultural norms and practices which define our identity as a people. I must take this opportunity to assure your royal highnesses Inkosi-yamankosi and other royal highnesses in Zambia that we in the MMD government shall continue to give respect to their royal highnesses,” said Vice-President Kunda.
And Mpezeni, speaking through Rasford Ngoma, commended President Rupiah Banda and his government for sustaining the economy despite the global economic crisis.
He urged the people and the governments of Zambia, Malawi and Mozambique to take advantage of the growth triangle initiative.
“This is a good idea,” Mpezeni said.
He said Eastern Province is a major agricultural producing area and had great potential for being the bread basket for Zambia provided the government continued with good policies to support the agricultural sector.
Mpezeni asked the government to upgrade the Great East Road into a dual-carriage way to cope with the anticipated increased vehicles in view of the commissioning of the Zambia-Malawi railway line, which is expected to be done soon.
Mpezeni said the Food Reserve Agency (FRA) must buy all farm produce.
Meanwhile, during the ceremony, Mpezeni announced that the Lusaka Nc'wala Ceremony Organising Committee headed by Ruskin Jere had been replaced by a new committee to be headed by Meanwood's Robinson Kaleb Zulu and would be helped by Rasford Ngoma.
According to sources close to Mpezeni, the committee was suspended following a statement by a self-proclaimed Ngoni elder Rabson Jere that President Zuma was not coming for the ceremony despite being invited.
The source said Jere's statement angered Mpezeni and other Ngoni chiefs.
Mpezeni suspected that the information about President Zuma's failure to attend the ceremony was leaked by the Lusaka Nc'wala Ceremony Organising Committee hence his decision to suspend it.
President Banda did not attend the ceremony because he is in China for a state visit until March 4, 2010.
Labels: GEORGE KUNDA, REGINA CHILUBA, VERA CHILUBA
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Sata writes Chief Justice over Regina’s appeal
By George Chellah
Thu 12 Nov. 2009, 04:02 CAT
PATRIOTIC Front (PF) leader Michael Sata has challenged Chief Justice Ernest Sakala to explain the reasons behind his directive that appeals in corruption cases involving Regina Chiluba and Gladys Nyirongo should be heard by a panel of three judges.
In a letter to justice Sakala dated November 10, 2009, and copied to the Minister of Justice, Sata demanded that justice Sakala explains the new system he had introduced to the people of Zambia.
“Dear Sir, Re: High Court Sittings on appeal. During the ZNBC main news last night 9th November, 2009 the corporation carried a news item to the effect that the appeal for Mrs Regina Chiluba from the magistrates’ court to the High Court before the Honourable Mr justice Hamaundu shall be heard by a panel of three judges instead of one, as has always been the case.
This also applies to the appeal by the former minister of lands Mrs Gladys Nyirongo and that this new arrangement of hearing appeals is a directive from your office,” read Sata's letter to justice Sakala in part.
“The judiciary is and has remained the mirror of our society in the eyes of our citizens. You have a duty as a public officer to explain to our people the reasons for introducing such a new system especially when the cases involved are those of people accused of the plunder of the people's resources and corruption in public office. Is there any special reason for this new system and why now? I hope that you shall be in a position to explain this matter to the Zambian people if the judiciary is to retain their confidence.”
This week, Lusaka High Court judge Evans Hamaundu disclosed that a panel of three High Court judges would hear Regina's appeal against her conviction. The matter was coming up for commencement of hearing and was supposed to proceed for four days.
However, judge Hamaundu informed the parties that it had been decided that a panel of three High Court judges would hear Regina's appeal.
He said that the panel of judges would be constituted in due course and that when the panel is constituted the two parties would be called for a pre-trial briefing.
Chief resident magistrate, Charles Kafunda sentenced Regina to three and a half years simple imprisonment after being convicted on six counts of receiving and being in possession of stolen state property.
Labels: ERNEST SAKALA, GLADYS NYIRONGO, REGINA CHILUBA, SATA
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Regina stops husband’s plan to attack Britain from pulpit
Written by Agness Changala
Monday, August 31, 2009 3:52:57 PM
FORMER president Frederick Chiluba has said he initially planned to attack the British government on the London judgment at the church service organised by some Pentecostal churches to celebrate his acquittal but he was restrained by his wife Regina.
During the service at Mulungushi International Conference Centre last Saturday, Chiluba said he wanted to talk about the British government but Regina asked him to instead thank God for what He had done for them.
"Then I started cracking on that, politicians never give up. But we sat down and my wife said 'yes you are perfectly entitled but this is the day that we thank God. Why don't we ignore the British because they don't have anything to do with this? Let us ignore them lest they think they are that great'. So I said to her like the Nigerians would say to their wives ‘woman, don't stop me’. However, the true spirit of thanksgiving came upon me, and when I went to bed, little did she know that I was converted by what she told me," Chiluba said.
He said Christians were instructed to pray for their leaders whether they are good or bad, saying God adds more days to a good leader.
Chiluba said he was misunderstood by the media when he talked about the new environment that President Rupiah Banda had brought in the country at the Bible Gospel Church in Africa (BIGOCA) last week.
This was in reference to Katuba MMD member of parliament Jonas Shakafuswa's statement that he [Chiluba] was pleased when president Levy Mwanawasa died. Shakafuswa was reacting to Chiluba's remarks that God had created an environment where the Judiciary could freely decide on his corruption case by bringing President Banda to the fore.
However, Chiluba said Christians needed to pray for their leaders.
"And we will continue to do so whether the one in office is good or bad, we will pray for them. Judgment comes from above, but if it's a good leader, the Lord will add more days to him in His goodness," Chiluba said. "Our friends in the press thought or insinuated that I rejoiced over the death of president Levy Mwanawasa, but that is far from the truth, that's far from the truth. What I meant was that with the coming of any leader, there's a new environment that comes. Do you think that if it wasn't for God Barack Obama would be President in America today? And do you think the political, social environment is the same in America under Obama as it was with George Bush? Totally different."
He said the change of leadership introduced change of environment, but the same God appointed and removed leaders.
"Man is only legend, and the real author of change is God himself. So whether we like it or not, when God says no we may rest now, we rest, and you simply rest," Chiluba said. "No man, if he has any sense, should rejoice over someone's death because we know that we will die one day or another, but you can't also deny that when there's change the environment also changes."
Chiluba said he, with his family, had a reason to thank God after crossing the Red Sea, saying the River Jordan shall be crossed and the walls of Jericho would fall.
He said during the time he appeared in court, he spent about 2,800 sleepless nights but that Regina was there for him.
"I was so sick for one year and I couldn't sleep. My wife would be awake with me even when she had her sleep and we would sleep for one hour and after that prepare to go to court," he explained. "She proved to me that when two people marry, they become one because this has been demonstrated by her making my problems to become hers."
Chiluba said Regina was an inspiration and a source of motivation to him.
"You have motivated me, today I was coming hotly to talk about politics but I was influenced," Chiluba said.
He commended his press aide Emmanuel Mwamba for executing his duties diligently despite being young.
He said Mwamba, who started working for him when he was still a young man, had now grown just like him who started going to court at 57 and got acquitted at 65 when he developed some wrinkles on his face.
"You brothers and sisters have followed the discussion on television, you do not see me there because I have been shielded by a young man Mwamba. This young man has done a wonderful job, he has shielded the boss, come out when others could have run away," he said.
Chiluba said Mwamba, at his age, could make mistakes but was never ashamed to apologise.
He said the enemy was on him but God said to him 'not my anointed'.
Chiluba thanked the Seventh Day Adventist church (SDA), the Roman Catholic Church, United Church of Zambia (UCZ) and all denominations that cared and prayed for him in his difficult time.
He said he was a great friend of the Catholic Church, just like he was to every Christian.
Chiluba said the eight years he spent appearing in court, had taken him closer to God because whenever he returned home from court, it was time for praise and worship.
Chiluba said his case belonged to the church as his church challenged other denominations he never visited to pray for him, saying there can be no better company than the church.
He said now that he had been acquitted by the court, there would be no greater assignment in his life apart from preaching the word of God.
Chiluba said although he declared Zambia as a Christian nation with ignorance, he did it with obedience.
He said now that he understands the meaning of the declaration, it would take four cranes to remove him from it.
"Tractors can only cut me into pieces but not remove me from the declaration, it's stronger than anything you will ever think of in this country and we are united with the Most High," he said.
Chiluba said God would arise and his enemies would scatter because of the covenant he had entered into.
He said during his tenure of office as president, he undertook a mission with Dunamis Christian Centre founding pastor Dan Pule to bring Radio Christian Voice (RCV) and Trinity Broadcasting Network (TBN) to Zambia, and he would not give himself marks for what he did.
He invited those who ran away from him during his difficult moment to visit his house at their own free will.
"People I employed in government were being told 'if you visit there, you will lose a job so they kept away'," he said. "Sometimes I begin to think, is this the way abasambi babutwike yesu [Is this the way the disciples ran away from Jesus], pakufwayafye ukusheta wabutuka umuntu obe [disowning a friend just for food]?"
Chiluba said most of his colleagues deserted him but that there were people like late defence minister Chitalu Sampa, Luapula Patriotic Front (PF) member of parliament Peter Machungwa, pastor Pule and late Dalton Sokontwe among others that never left him.
"Napenda abantu 24 [I have counted 24 people] but I had 48 cabinet ministers, 28 or 32 deputy ministers, permanent secretaries. There was darkness that had covered the sea Alleluia! Ha ha ha I can see clearly whose clouds are those and I invite them to come and visit at their free will," he said. "All the time our house is open, this is the time of thanksgiving and thanks to Mrs Chiluba I would have been bashing the British for being in Afghanistan and at least not for today."
Chiluba said he would forever be grateful to his own children for not giving up on him because they proved to him that nothing could separate a family.
He thanked his lawyers John Sangwa and Robert Simeza who he said worked under difficult conditions.
"Sometimes we didn't even have money to pay them but they still went ahead and executed their duties which others can't do," he said.
Chiluba said the kingdom of God was being fought violently and the wicked wanted to take away the country.
"So there have to be righteous young men of God who must resent back, they fought and they fought," he said. "And a young Kunda when he started, and went to pick names, they told him ikalapanshi, walimwishiba Mwanawasa iwe? Akakwikata [Do you know who Mwanawasa is? He will arrest you].
"Then he was in one meeting he told me later where they began exalting and magnifying the name of our late president and the young man said 'I found it very hard that you can talk well of a product and you don't talk well of the producer, this man was left there by Chiluba'. So he said 'I failed to say Amen, I just kept quiet in that meeting'."
Chiluba thanked the pastors for organising the thanksgiving church service.
And Ndola World of Hope Church reverend Joyce Kunda advised those opposing Chiluba's acquittal to accept and recognise that it did not come from man but God.
Rev Kunda advised those who attended the service to celebrate Chiluba's acquittal and not to forget to hold their sword in their hands as authority given to them by God.
She said the sword was not for the purpose of executing vengeance but for showing those opposing the acquittal what the Lord can do.
Rev Kunda said the service was also meant to tell those opposed to Chiluba's acquittal that His servant [Chiluba] had been delivered.
"I wonder when we read in the papers and I am sure that you have heard a lot but our influence will make the ignorant begin to acknowledge the Lord and what He can do," Rev Kunda said.
Rev Kunda said Chiluba was here to stay because the prophecy was written before he was born in his mother's womb and that people that attended the service should stand and fight with him.
"He was appointed by the supreme to lead Zambia and Chiluba has not completed his work. President of this nation was just another job to open gates for others not yet seen," Rev Kunda said.
Christ Exalted Worship Centre Reverend Marvin Ngosa of Ndola said Chiluba's decision to declare Zambia a Christian nation was a sacrifice, which God would continue to recognise.
"We had to cry and weep seeing our president suffering with all the great things he has done," he said. "...This is a promise from God in the scripture and he will bring to fulfill it."
Pastor Pule, who congratulated Chiluba for his acquittal, said the declaration of Zambia as a Christian nation would be strengthened even more.
Pule advised Chiluba not to look at the past.
"You can't change the past, we are here to change the future and the present. You must arise, rejoice and preach the word of God," he said. "God has the power to fight and I pray that the spirit of forgiveness continues and the church must learn to forgive."
He said Chiluba must let God fight the battles on his behalf and he would surely win.
Pule said Chiluba's acquittal was a victory for all who believed in justice and the Lord.
He said God never slept, but watched over Chiluba's family and the declaration of Zambia as a Christian nation.
BIGOCA Bishop Peter Njobvu said God's works were supernatural.
"We have been called names but we don't mind because we know that what we are doing is a right thing," Bishop Njobvu said. "The enemies will not stop talking; they will talk, talk and talk."
Bishop Njobvu said those who hated Chiluba would take his diseases.
Another man only identified as Gregory Cifire said the acquittal had created camps, which he said emanated from the fact that some people did not believe in the Bible.
Cifire said the declaration of Zambia as a Christian nation did not please some devils and demons.
"We do not support corruption, illegality, we are happy that he was acquitted," he said.
Cifire said the youths in the country were not happy that the fight against corruption was being carried out selectively.
"The fight is about personal vindictiveness, what about the scam in the health ministry and where was Task Force when all that was happening?" he asked.
Cifire accused the Task Force on Corruption of stealing money from Chiluba's cases, saying that was why they appealed.
Meanwhile, some men, women and youths clad in MMD t-shirts and chitenge were seen being ferried in a GRZ bus registration number 555BX to attend Chiluba's prayer service.
As they disembarked from the bus, the cadres were heard singing: "bonse aba mulemona bana bakwa Banda ee...ee [All these people you are seeing are Banda's children]."
However, the ushers stopped them from singing and asked them to take off their party regalia as they entered the hall.
Labels: CHILUBA, COURTS, MULUNGUSHI INTERNATIONAL CONFERENCE CENTER, REGINA CHILUBA
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Regina speaks out
Written by Lambwe Kachali
Friday, March 06, 2009 6:26:56 PM
IMPRISONED former president Frederick Chiluba's wife Regina yesterday said everyone is a potential prisoner. In an interview at Lusaka Central Prison, Regina, who was in a jovial mood, expressed gratitude to the prison officers who she said were taking good care of her.
Regina, clad in white prison attire, said she was very fine and had received a lot of support from her husband and family.
Regina said she prayed to God and that her family members were also praying for her. When asked whether she missed home since she was now in prison, Regina said she did not.
"My husband and my children come to see me every day, so how can I miss home? And these people [pointing at female prison officers] are taking good care of me. So, I feel at home, I don't miss home.
I pray to my living God every day, my husband and the family are praying for me," Regina said. "So there is no need to be anxious for nothing. Our living God is always with us."
Regina was last Tuesday sentenced to three years, six months simple imprisonment for receiving property suspected to have been stolen.
Earlier, members of parliament donated paint, brushes and other materials to Lusaka Central Prison as part of their International Women's Day activities.
Energy deputy minister Gladys Lundwe, who led the members of parliament, said their donation was in line with the International Women's Day, which falls on March 8 every year.
Lundwe called on stakeholders to help improve the condition of prisons in the country.
"People in prisons are as good as I am. So we need to think that they are equally important as we are. Tomorrow it might be me to be here. But if I let these people not have better facilities, how would I feel if I came into prison?" Lundwe asked. "We need to give the facilities that are okay, that are acceptable, so that these people are also comfortable where they are. We have started by donating to the women cells so that we improve the cells."
She bemoaned the poor state of prisons across the country, which she said were overcrowded.
"...The prisons are not very good in the sense that when they were built, they targeted a number of people. But the number or the population has grown; as a result a lot of people are coming into prison. So you cannot expect the prisons to be very clean or so, because the number has increased. This is why we are saying that people out there are supposed to do something for these people, so that they are also happy inside," Lundwe said.
And speaking on behalf of the female inmates, Evelyn Munakupa called on stakeholders to come to their aid to complete the two buildings meant for a nursery, pre-school and catering services.
She said one project was started by a Mrs Banda from Danish International Development Agency (DANIDA) while the other was started by Barclays Bank but that the projects had since stalled.
Munakupa said as a result of this, female inmates were dormant since they had nothing to do.
"...Most of the time, if we finish doing our work, we just sit, and we are so dormant. We don't know what has happened, maybe it's due to lack of resources. The buildings have been lying idle for quite some time," said Munakupa.
Labels: PRISONS, REGINA CHILUBA
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Regina gets 3 years
Written by Maluba Jere and Laura Hamusute in Lusaka and Mwila Chansa in Kitwe
Wednesday, March 04, 2009 8:38:22 PM
CHIEF resident magistrate Charles Kafunda has jailed former Republican president Frederick Chiluba's wife Regina three years six months simple imprisonment after finding her guilty of receiving property suspected to have been stolen. And Deputy Director of Court Operations Edward Musona sitting as magistrate has jailed former Zambia Air Force (ZAF) commander Lieutenant General Sande Kayumba and retired chief of logistics Brigadier General Andrew Nyirongo seven years each on charges of abuse of authority of office and corrupt practices by public officer.
And magistrate Musona has jailed Base Chemicals chief executive officer Amon Sibande seven years on six counts of corrupt practices with a public officer.
Magistrate Kafunda found Regina guilty on five of the six counts of receiving property suspected to have been stolen.
She acquitted Regina on count four where she was alleged to have failed to account for possession of a motor vehicle Isuzu KB, registration number AAT 2603 suspected to have been stolen or unlawfully obtained.
In acquitting Regina, magistrate Kafunda said the prosecution had failed to establish beyond all reasonable doubt that the said motor vehicle was stolen or unlawfully obtained.
In the first count, it was alleged that on a date unknown but between January 1997 and September 30, 2002 in Ndola, Regina failed to account for possession of property on stand number NDO/14 purchased at US$80,000 which was reasonably suspected to have been stolen or unlawfully obtained.
Regina was in the second count alleged to have failed to account for possession of property known as stand number KIT/643 purchased at US$48,000 cash, money reasonably suspected of having been stolen or unlawfully obtained.
In the third count, it was alleged that on a date unknown but between January 1997 and September 30, 2002 in Ndola, she failed to account for possession of property on stand number KIT/645, purchased at US$60,000 cash.
In the fourth count, she was alleged to have failed to account for possession of a motor vehicle Isuzu KB, registration number AAT 2603 suspected to have been stolen or unlawfully obtained.
Regina is in the fifth count alleged to have on unknown date but between January 1997 and September 30, 2002 in Ndola received from Chiluba one Toshiba 61-inch colour television set, serial number 69140018, model No PJ 98 B knowing or having reason to believe that the same had been feloniously stolen or obtained.
In the sixth count, it was alleged that on a date unknown but between January 1997 and September 30, 2002 in Ndola, Regina failed to account for possession of K474,000,000 cash, which was reasonably suspected of having been stolen or unlawfully obtained.
Magistrate Kafunda sentenced Regina to two years six months simple imprisonment on each charge saying they were misdemeanors and three years six months on count five saying it was a felony.
He explained that the sentences would run concurrently meaning Regina would be imprisoned for three years six months.
Magistrate Kafunda also explained that to establish an offence under Section 318 (1) on the fifth count, there must be proved theft of the subject property in this case being the 61-inch television set.
He said the evidence before court was that the said television set was imported by State House as evidenced by the import documents.
Magistrate Kafunda noted that the accused [Regina] however claimed ignorance of such documents, which were found in her house at number 54 Lewanika, Ndola.
He said it was therefore a curious case that the accused person was not aware of those documents which were in her own house but instead had in her possession as she claimed a different invoice bearing Chiluba's name.
Magistrate Kafunda concluded that when the television set arrived in the country, it arrived as an item imported and cleared by State House and was later transmitted to Regina's house.
He noted that it was clear from the evidence that Regina wanted to distance herself from the documents as they suggested that she was in possession of an article, which indicated that the television was imported by State House.
Magistrate Kafunda further dismissed the defence evidence on the basis that it was just an afterthought designed to distance the accused person from any knowledge of the origins of the subject television set.
"The prosecution does sufficiently prove that the TV was imported by State House and given to the accused [Regina] on directions from Chiluba," he said. "There is no evidence to show that the TV was lawfully taken from the importers being State House and given to the accused."
Magistrate Kafunda also said redirecting the television set from its owners who in this case were the government to Regina who was a private person amounted to theft as the property was taken with the intention of permanently depriving the government of its property.
"The accused is a private person who knows that she was not entitled to retain government property in her possession," he said.
Magistrate Kafunda said it would have been a different case if Regina was married to Chiluba at the time.
On the first three counts, Kafunda noted that there was no dispute on the fact that there were payments in respect of US$ 48,000, US$ 60,000, US$ 80,000 and K474,000,000 cash .
On Regina's evidence that she failed to produce primary books on the transactions before the court due to the fact that they had been seized by the Task Force on Corruption, magistrate Kafunda said he found the basis as being untruthful.
He said the transactions in question were huge financial dealings and that she could not fail to produce such important documentation in court.
Magistrate Kafunda noted that it was not enough for Regina to recite a story of such a financial dealing saying it was incumbent upon the accused to show that the monies in question came from her businesses as she claimed.
He said there was no evidence of how Regina's business generated such funds and that the explanation that monies were raised from her assets was unsatisfactory and presented inconsistencies.
He wondered how a business that was going down could spin such huge sums of money.
Magistrate Kafunda further said the explanation concerning monies subject to count six was equally not satisfactory.
He noted that the accused had failed to render a satisfactory account on counts one, two, three and six adding that the prosecution had proved a case against Regina beyond all reasonable doubt thereby finding her guilty and convicted her accordingly.
The prosecution called 26 witnesses while the defence called four witnesses in the matter.
In mitigation, Regina's lawyer Robert Simeza said she was the first offender.
In passing the sentence, magistrate Kafunda said he had taken into account the fact that Regina was the first offender and sentenced her to two years six months simple imprisonment on count one, two, three and six and three years six months simple imprisonment on count five.
He also ordered that the properties remain forfeited to the state.
During the proceedings, Regina kept smiling while Chiluba nodded and shook his head from time to time.
Immediately magistrate Kafunda walked out of the packed courtroom, Chiluba walked into the dock where his wife was and sat with her while Simeza followed the magistrate to his chambers where he applied for bail pending appeal.
Most of the people in the courtroom including Regina's daughters openly wept and one woman fainted and had to be carried out of the courtroom.
When Simeza came back from the chambers, Chiluba's press aide Emmanuel Mwamba informed the court that the police officers needed to take Regina to the holding cells as they awaited the bail application hearing.
Chiluba then walked with his wife through the tunnels all the way up to the holding cells.
Outside the holding cells just within the magistrate court complex, scores of relatives sang gospel songs mostly talking about how faithful God is and that He never forsakes His children.
Regina was later escorted in a police vehicle to Lusaka Central Prison while the rest of the group including Chiluba followed in different vehicles all the way up to the prison.
By press time, Chiluba and his sympathisers were still at the prison.
When asked to comment on his wife's conviction, Chiluba said it was a passing phase.
And when contacted over Regina's conviction, Regina's former husband Edward Mwanza said he felt for his children because they were very devastated.
"No comment my dear. My kids are really devastated and whatever I say might be misunderstood to mean something else. I feel for my kids, they are very devastated," said Mwanza.
And in Lt Gen Kayumba's case, magistrate Musona ordered the forfeiture to the state of property, money from Lt Gen Kayumba and Brig Gen Nyirongo relating to the corrupt transactions.
There were 23 counts in the matter of which 15 were convictions and eight were acquittals.
Lt Gen Kayumba was found guilty on seven counts [counts one, two, three, five, seven, nine and 22] but acquitted on three counts all relating to corrupt practices by a public officer [counts 11, 21 and 23].
Brig Gen Nyirongo was found guilty on four counts [counts one, two, 17 and 19] but acquitted on two counts relating to corrupt practices by public officer [counts 13 and 15].
Sibande was found guilty on six counts [counts four, six, eight, 10, 18 and 20] all relating to corrupt practices with a public officer and acquitted on three counts [counts 12, 14 and 16].
According to the indictment, on count one, Lt Gen Kayumba and Brig Gen Nyirongo were jointly charged with abuse of authority of office contrary to Section 37 (2A) as read with Section 41 of the Anti Corruption Commission (ACC) Act number 42 of 1996.
Particulars of the offence are that the duo on dates unknown but between January 1, 2001 and June 30, 2001 in Lusaka being public officers namely ZAF commander and chief of logistics respectively abused their authority of office by engaging Base Chemicals Limited to supply fuel to ZAF valued at about K9.5 billion [K9,527,710,000] in order to obtain property wealth or advantage.
On count two, Lt Gen Kayumba and Brig Gen Nyirongo were on the same date charged with abuse of authority of office when they engaged Base Chemicals Ltd to do repair works for ZAF valued at about K3.7 billion [K3,742,180,000.89].
Lt Gen Kayumba is on counts three, five, seven, nine, 11, 21, 22 and 23 charged with corrupt practices by public officer contrary to Section 29 (1) as read with Section 41 of the ACC Act number 42 of 1996.
He was alleged to have corruptly received from Sibande K1 million shares from Pamushi Game Ranching, five prefabricated steel shades valued at K63,607,806, milking equipment valued at K87,447,957, labour and building materials valued at K51,333,377.32 and a cyclone hammer mill as gratification for having engaged Base Chemicals to supply fuel and to do repair works for ZAF.
Lt Gen Kayumba was also alleged to have corruptly received US$30,000, 30,000 British pounds and 8,000 British pounds from Capitan Europe as a reward for the supply of boots and other military wear.
Brig Gen Nyirongo on counts 13, 15, 17 and 19 was charged with corrupt practices by public officer when he corruptly received from Sibande K33 million, K17 million, K17 million and K10 million gratification for engaging Base Chemicals to supply fuel and do repair works for ZAF.
Sibande was charged with corrupt practices with a public officer when he corruptly gave Lt Gen Kayumba and Sibande the items in question as rewards for having engaged his company to supply fuel and do repair works for ZAF [counts four, six, eight, 10, 12, 14, 16,18 and 20].
The prosecution called 28 witnesses in the matter and when put on their defence, all the accused persons gave evidence on oath.
In passing judgment, magistrate Musona said the onus of proof lay on the prosecution and the standard of proof was beyond all reasonable doubt.
He said the accused persons were not required to prove their innocence.
Magistrate Musona further said in order to establish the guilt of the accused persons, the prosecution had to prove all the ingredients of each of the offences.
On the abuse of authority charges, the prosecution had to prove that Lt Gen Kayumba [A1] and Brig Gen Nyirongo [A2] abused their authority of office between January 1, 2001 and June 30, 2001 when they were in public office.
The other ingredients are that A1 and A2 abused their authority by engaging Base Chemicals to supply fuel worth K9.5 billion and repair works for ZAF valued at K3.7 billion.
The last ingredient on this charge is that A1 and A2 benefited from the corrupt transactions with Sibande [A3].
On the charges of corrupt practices by public officer, the prosecution had to prove that the accused persons were public officers who engaged in corrupt practices in matters concerning a public body.
Magistrate Musona pointed out that on the charge of corrupt practices with a public officer, the prosecution had to prove that A3 acted corruptly with some public officers in matters concerning a public body.
He found as a fact that A1 and A2 played roles in engaging Base Chemicals Ltd to supply fuel worth K9.5 billion to ZAF.
Magistrate Musona added that A1 was at the time ZAF commander and A2 ZAF chief of logistics.
He also found as a fact that A1 [Lt Gen Kayumba] received K1 million shares in Pamushi Game Ranching from Sibande as a reward for engaging Base Chemicals to do the tasks in question.
Magistrate Musona found as a fact that A1 [Lt Gen Kayumba] received prefabricated steel structures from A3 [Sibande] and conversely A3 gave the structures to A1.
He said it was a fact that A1 [Lt Gen Kayumba] received milking equipment, dairy machine, building materials and labour from A3 [Sibande] as gratification and conversely that A3 gave A1 the items in question.
However, magistrate Musona said it was not true that A1 received a cyclone hammer from A3.
He established that A2 [Brig Gen Nyirongo] received K33 million cash, K17 million, K17 million and K10 million from A3 [Sibande] and conversely that A3 gave A2 the items in question.
Magistrate Musona said it was not true that A1 [Lt Gen Kayumba] received US$ 30,000 and 8,000 British pounds from Capitan Europe but that he received 30,000 British pounds from Capitan Europe.
He found A1 [Lt Gen Kayumba] guilty on seven counts after being satisfied that he committed the offences in question and acquitted him on three counts after doubts were cast in his mind.
Magistrate Musona found A2 [Brig Gen Nyirongo] guilty on four counts and acquitted him on two counts while he found A3 [Sibande] guilty on six counts acquitting him on three counts.
He convicted the accused persons on the charges where he found them guilty.
At this point, Task Force prosecutions lawyer Mutembo Nchito said A1 [Lt Gen Kayumba] and A2 [Brig Gen Nyirongo] were first offenders.
Nchito informed the court that A3 [Sibande] was convicted in another court on similar charges.
In mitigation on behalf of Brig Gen Nyirongo, his lawyer Remmy Mainza said his client was married with three children and five dependents.
Mainza told the court that Brig Gen Nyirongo had a child who was mentally retarded and required support and attention on a daily basis.
He said if Brig Gen Nyirongo was given a custodial sentence his children would suffer as they would no longer be attending school.
Mainza disclosed that his client had a heart condition and high blood pressure, was a first offender who had served in the public service for 32 years.
Mainza pleaded for leniency.
In mitigation on behalf of Sibande, Richard Mandondo who was sitting in for lawyer Willie Mubanga, said his client was a married man with five children and suffered from hypertension.
On behalf of Lt Gen Kayumba, Clavel Sianondo sitting in for lawyer Vincent Malambo, said his client was married with four children, had high blood pressure and served ZAF for 34 years.
But in meting out the sentences, magistrate Musona said although he appreciated that the accused persons suffered from various medical conditions, it was his duty not to deny them leniency but prescribe deterrent measures to would-be offenders.
He said he was duty-bound to consider the gravity of the offences in relation to the social harm to society at large.
Magistrate Musona said although Sibande was convicted in another matter, he would treat him as a first offender not a subsequent offender because the offences were committed at the same time.
He jailed all the accused persons seven years on all counts but the sentences are to run concurrently meaning they will serve only seven years.
At this point, Nchito made an application for forfeiture in relation to Pamushi Game Ranching, three farms which comprise Pamushi Game Ranching, milking equipment and building materials.
Nchito asked the court to order Lt Gen Kayumba to forfeit to the state 30,000 British pounds and K63,607,000.
He prayed that the court order Brig Gen Nyirongo to forfeit to the state his farm in Mkushi.
Brig Gen Nyirongo's lawyer Mainza opposed the application for forfeiture and the lawyers sitting in for lawyers Vincent Malambo and Willie Mubanga asked for an adjournment.
In his ruling, magistrate Musona granted the order for forfeiture and rejected the application for an adjournment, saying the two lawyers who were sitting in should have by now studied the case and the absence of Lt Gen Kayumba's lawyer Vincent Malambo and Sibande's lawyer Willie Mubanga was inexcusable as they did not even send apologies.
Labels: COURTS, REGINA CHILUBA
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BY claims he lent Regina $100,000 without collateral
Written by Inonge Noyoo
Tuesday, November 25, 2008 2:43:36 PM
NATIONAL Democratic Focus president Ben Mwila has claimed that he lent former president Frederick Chiluba's wife Regina US$100,000 without collateral.
Mwila was testifying in the matter in which Regina is charged with six counts of failing to account for property and receiving goods believed to have been stolen.
He told court that there was no agreement or any documentation to confirm that he lent Regina any money.
Mwila said there was nothing unusual about him lending such an amount of money without collateral because he had done that before.
He said he had given US$500,000 to legal counsel Oliver Chilembo when he wanted to take over some company in 1995, that he had dealings with late Baldwin Nkumbula where he gave him US$150,000 and that he gave US$160,000 to Richard Mulenga in 1975 without any collateral.
Mwila said Regina needed money for her business to buy property and he would not know what she used the money for.
He said he never followed people he lent money to find out what they did with it.
Mwila said he had known Regina from the time she was an MMD constituency official and district official to the time she was Copperbelt provincial chairlady.
He said at the time Regina was a provincial chairlady, he was national treasurer for the MMD and he would most of the time call her to arrange his meetings on the Copperbelt.
Mwila said she knew Regina as a hardworking entrepreneur and because he knew her, there was nothing wrong with him to help her if she had a cash-flow problem.
The matter comes up on March 3, 2009 for judgment.
Labels: BEN MWILA, REGINA CHILUBA
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Regina reveals source of business capital
Written by Inonge Noyoo
FORMER president Frederick Chiluba’s wife Regina yesterday revealed that the money she used to start her lucrative businesses was given to her by her father.
Continuing with her defence in the case in which she is charged with six counts of failing to account for possession of various properties and receiving goods believed to have been stolen, Regina said her father gave her K800,000 as capital for her business.
She further explained that she later got a loan from Finance Bank using her father’s house as collateral.
Asked by Task Force prosecutor Dennis Simwinga if there were any records to show that she indeed acquired a loan from Finance Bank, Regina said she did not have any.
Regina said as for her lucrative canteen business, she did not need to have any money as capital to start the business because she had a good relationship with suppliers.
She further said she did not have any records to show how much profits she made from her businesses.
Regina said she could not bring her books of accounts to the court because her accounts will testify and will tender in all relevant documents as evidence.
She further said her thriving importing business only had scanty records but maintained that she always paid duty and kept receipts as proof of payments.
Asked if she had any documents to show that she was paying duty on her imports, Regina said it did not cross her mind that the documents may be required.
She said she bought all her properties using proceeds from all the businesses which she maintained as they were very profitable.
Regina allegedly failed to account for possession of property on stand number NDO/14 purchased at US$80,000 which was reasonably suspected to have been stolen or unlawfully obtained, property known as stand number KIT/643 purchased at US$48,000 cash, money reasonably suspected of having been stolen or unlawfully obtained, property on stand number KIT/645, purchased at US$60,000 cash, a motor vehicle Isuzu KB, registration number AAT 2603 suspected to have been stolen or unlawfully obtained.
She is alleged to have received from Chiluba one Toshiba 61-inch colour television set, serial number 69140018, model No PJ 98 B, knowing or having reason to believe that the same had been feloniously stolen or obtained.
Regina is also alleged to have failed to account for possession of K474,000,000 cash, which was reasonably suspected of having been stolen or unlawfully obtained.
The matter comes up today.
Labels: COURTS, REGINA CHILUBA
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Regina reveals source of business capital
Written by Inonge Noyoo
FORMER president Frederick Chiluba’s wife Regina yesterday revealed that the money she used to start her lucrative businesses was given to her by her father.
Continuing with her defence in the case in which she is charged with six counts of failing to account for possession of various properties and receiving goods believed to have been stolen, Regina said her father gave her K800,000 as capital for her business.
She further explained that she later got a loan from Finance Bank using her father’s house as collateral.
Asked by Task Force prosecutor Dennis Simwinga if there were any records to show that she indeed acquired a loan from Finance Bank, Regina said she did not have any.
Regina said as for her lucrative canteen business, she did not need to have any money as capital to start the business because she had a good relationship with suppliers.
She further said she did not have any records to show how much profits she made from her businesses.
Regina said she could not bring her books of accounts to the court because her accounts will testify and will tender in all relevant documents as evidence.
She further said her thriving importing business only had scanty records but maintained that she always paid duty and kept receipts as proof of payments.
Asked if she had any documents to show that she was paying duty on her imports, Regina said it did not cross her mind that the documents may be required.
She said she bought all her properties using proceeds from all the businesses which she maintained as they were very profitable.
Regina allegedly failed to account for possession of property on stand number NDO/14 purchased at US$80,000 which was reasonably suspected to have been stolen or unlawfully obtained, property known as stand number KIT/643 purchased at US$48,000 cash, money reasonably suspected of having been stolen or unlawfully obtained, property on stand number KIT/645, purchased at US$60,000 cash, a motor vehicle Isuzu KB, registration number AAT 2603 suspected to have been stolen or unlawfully obtained.
She is alleged to have received from Chiluba one Toshiba 61-inch colour television set, serial number 69140018, model No PJ 98 B, knowing or having reason to believe that the same had been feloniously stolen or obtained.
Regina is also alleged to have failed to account for possession of K474,000,000 cash, which was reasonably suspected of having been stolen or unlawfully obtained.
The matter comes up today.
Labels: COURTS, REGINA CHILUBA
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Widow advises women to be self-reliant
By Mwila Chansa and Maluba Jere
Sunday May 11, 2008 [04:01]
MOTHERS should endeavor to be strong and be less dependent on relatives despite hard economic times, a 49 -year old Lusaka mother and widow, Emeldah Bwalya has advised. And former president Fredrick Chiluba’s wife Regina has said most children were being defiled because their mothers did not spend time with them. Meanwhile, a 25-year-old Lusaka mother of two, Mailesi Zulu has urged fellow mothers to love children regardless of whether they were theirs or not.
Commenting on Mothers’ Day which falls today, Bwalya said when she reflected on the past, she felt proud because she had managed to raise her children without depending on support from anyone.
“So, as we celebrate Mothers’ Day, I urge my fellow mothers to be strong and expand on the little that they have to raise their children. Being a widow is not the end of the world because there are children who need to be looked after,” Bwalya said.
She said mothers, as pillars of the family needed to work hard and earn enough to ensure that their children had enough to eat. Bwalya, who was found planting onion in her garden, added that for her, Mothers’ Day was a time to thank God for giving humanity the gift of the family.
“He (God) has given us parents and children and I feel we have to celebrate this day just as we go to Church to thank him for all he has done in our lives,” said Bwalya. She urged the government to continue supporting women in all their endeavors to ensure that they were empowered.
She said it was important for people to show love and respect to the womenfolk as they celebrated Mothers’ Day.
And Regina said Mothers’ Day was an important day as it recognised women as people who raise children. She advised mothers to tutor children in a manner that was pleasing if they were to grow up into responsible citizens.
“Mothers are expected to raise their children in a Christian way because the Bible says raise up a child in a way that it should go and when they are old, they will not depart from it,” Regina said. “It has now become a pattern for us parents to fear them children. But we must show leadership as mothers to our children.”
Regina said there was need to revisit tradition and ensure that good values, especially those bordering on dressing, were inculcated in children.
“Long ago, we used to have parents, guardians especially grandparents sitting down with children and telling them how to dress but that is not the case anymore.
If it’s there, then there are few cases,” she said. “Each household had a chitenge for a girl who came of age and she was told the importance and I think there is need to go back to those traditions.”
She said children must continue to speak out when they were being coerced or being touched in a manner they did not like by anyone, including relatives.
She advised women to reflect on issues that affected children as they celebrate Mothers’ Day.
Labels: REGINA CHILUBA, WOMEN
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Court allows production of bank statements in Regina's case
By Inonge Noyoo
Tuesday April 29, 2008 [04:00]
LUSAKA magistrate Charles Kafunda has allowed the production of bank statements and business documents relating to Regina Chiluba’s transactions in the case where she is accused of receiving property believed to have been stolen. Magistrate Kafunda has, however, reserved ruling on whether the legal documents which were produced in the matter should be admitted as evidence.
Magistrate Kafunda was delivering his ruling following Regina’s lawyer Robert Simeza’s objection to the production of the documents saying the prosecution had not laid enough foundation to merit the admission of the documents as evidence.
He said though the documents in question could be categorised as business documents, they were collected in the course of investigations.
Magistrate Kafunda said Anti Corruption Commission prosecutor Vincent Machila could produce the said documents as he acquired them during the course of his investigations.
He said a number of witnesses who testified in the matter attested to the nature of the documents and their source.
Magistrate Kafunda said he found the testimony of the witnesses who earlier testified in the matter to have formed the necessary foundation required to admit the documents.
He said the fact that the documents in question may be photocopies did not warrant their exclusion as the whereabouts of their originals had been sufficiently explained.
Magistrate Kafunda said the investigations officers were empowered under section 81 to collect the said document and produce them before court.
He has however reserved ruling on whether the documents from the lawyers Elzugar Musonda and company should be produced as evidence.
Simeza had argued that the said documents were legal documents obtained from his client's lawyers and they could not be produced in court by a legal advisor without the consent of his client.
Simeza said the said documents were forbidden from production because of the said professional privilege.
The matter comes up on May 3.
Labels: COURTS, REGINA CHILUBA
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Who the hell do you think you are?
By Editor
Wednesday September 05, 2007 [03:00]
No one should think they are above the law, which should, after all, be seen to be the creation of the people, and not something imposed on them. And this includes our former president, Frederick Chiluba and his wife Regina. All citizens should submit to the law because, however indirectly, they are submitting to themselves as the makers of the law.
As we stated yesterday, there was nothing illegal in the decision by the police to re-arrest Regina. This might have been unfair on her but the police's action was within the law - the law which her husband, Chiluba, used and left.
Chiluba's actions amounted to obstructing justice. By throwing himself into a police cell where Regina was being detained, Chiluba was interfering with, and obstructing the work of, the police. According to section 250 (b) of the Penal Code, any person who wilfully obstructs any police officer in the due execution of his duty is guilty of a misdemeanour and is liable to imprisonment for five years.
We appreciate that Chiluba loves his wife, and he has the right to do so, but he is not the first person to have his wife arrested and detained. When Chiluba was president, he ordered the detention of Sikota Wina's wife, Princess Nakatindi, at Kabwe's Mukobeko Maximum Prison. There was no provision for Sikota to accompany his wife. And who in this country doesn't know how close Sikota and Princess Nakatindi are - the two are inseparable; wherever you see Sikota, Princess Nakatindi will be there. And moreover at that time in 1997, Sikota and Princes Nakatindi had been together for more than 25 years. But Sikota didn't obstruct the police, they were not obstructed in any way in executing their duties.
This was not because Sikota did not love his wife as much as Chiluba loves Regina. It was simply because Sikota had respect for the law and didn't see himself as being above it. Although Sikota knew very well, and more than anyone else, that his wife was innocent and Chiluba was merely abusing his powers by detaining her, he respected the law. This equally applies to Dr Rajan Mathani when Chiluba detained him on trumped-up treason charges. Mrs Mathani, although she knew very well that Chiluba had no proper case against her husband, didn't obstruct the work of the police or try to throw herself in police cells with him.
What about Dr Kenneth Kaunda? Soon after taking power in 1991, Chiluba subjected Dr Kaunda to a search to which he obliged although he knew very well that he was just being subjected to a malicious and humiliating probe. Chiluba alleged that Dr Kaunda had stolen books from State House and had his goods at a warehouse in Lusaka searched to recover the stolen items. Nothing was found.
On Christmas Day in 1997, Chiluba ordered the arrest and detention of Dr Kaunda on trumped-up treason charges. Again Dr Kaunda didn't resist the arrest and his loving wife Betty didn't in any way try to go to prison with him. The only person who threatened to join Dr Kaunda in prison was Mwalimu Julius Nyerere. He threatened that if Kenneth did not stop his hunger strike and eat something, he too was going to remain in Mukobeko Maximum Prison with him.
But today what is this nonsense of Chiluba and his wife thinking they are above the law? Who do they think they are? It is true every person, every accused person, is innocent until proved guilty. This is the presumption of law. But we know, and all those people who demonstrated in large numbers in 2002 calling for the removal of Chiluba's immunity so that he could be prosecuted for corruption believe that the man is a thief, he had stolen from them. If you find a person stealing your chickens, the law presumes him to be innocent until proved guilty. But in your heart of hearts, and no one can tell you otherwise, the man is a chicken thief. This is the way the Zambian people look at Chiluba.
No amount of deception, propaganda or posturing will convince them otherwise.
Today Chiluba is telling us that he has documentary evidence to show who the true thieves are. We cannot dispute this because we don't know what he has, and the true thieves he is talking about. But this shows one side of his character - tolerance of corruption, of theft.
If Chiluba has documentary evidence of who the true thieves are, why hasn't he reported these thieves to the police, Anti Corruption Commission or other state agencies like the Drug Enforcement Commission? It had to take the arrest of his wife for him to say all these things! Is this the way for a responsible former president, who really loves his country, to behave? This behaviour speaks volumes about Chiluba's attitude towards corruption and theft. We urge him to publicly reveal the documentary evidence he has to show who the true thieves are. If he can't, he should just shut up.
We know that Chiluba is desperately looking for sympathy. But the Zambian people are not fools. They know who deserves sympathy and who doesn't. Our people will never feel sorry for a snake charmer who gets bitten; for a thief who gets caught and is prosecuted.
Chiluba should thank his stars that his wife was very lucky to be prosecuted by an incompetent and inefficient prosecutor. The state has got a good case against Regina. There is a clear prima facie case against her - Regina's wealth is far above her earned income and she will have difficulties completing a schedule of income and expenditure that balances without putting in unearned income.
We can only hope Chiluba, being a Christian, remembers what it means to ‘do unto others as you would like them to do unto you.’ We cannot preach justice to others if we do not preach justice to ourselves. Chiluba cannot call others to virtues, to practices which he himself never believed in, never practised when he was in power as president of the Republic of Zambia.
Again, there is nothing wrong the state did in entering a nolle prosequi in favour of Chiluba’s wife and re-arresting her on Monday. This process may certainly be unfair - and Chiluba, when he was in power, took advantage of it to harass his political opponents - but it is certainly legal. And the rule of law requires that we all respect the law whether we agree with it or not. And Chiluba's conduct is not that of a person who respects the law; it is lawless behaviour from a person who thinks he is above the law. But the question again is: Who the hell does Chiluba think he is to be above the law?
Labels: CHILUBA, EDITORIAL, REGINA CHILUBA
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Chiluba shouldn't use Regina's case to attract sympathy - Emily
By Brighton Phiri
Wednesday September 05, 2007 [03:00]
CHILUBA should not use his wife's case to attract public's sympathy, Women for Change executive director Emily Sikazwe said yesterday. And Transparent International Zambia (TIZ) president Reuben Lifuka said Regina's case should serve as a lesson for the Task Force that they should be thorough when dealing with corruption cases and suspects.
Commenting on former president Frederick Chiluba's action at Lusaka's Woodlands Police Station where he threw himself into a cell to join his wife Regina who was detained there, Sikazwe said it was wrong for Chiluba to tempt the police to arrest him for illegally detaining himself in a police cell in a bid to attract public sympathy.
"Chiluba must wait for his turn as our courts of law are still dealing with his case.
I expect Chiluba as former head of state, to know that it is illegal and wrong for him to throw himself in a police cell without being arrested. Chiluba should not tempt our police to arrest him by throwing himself into the cell in his quest to attract public sympathy. He is lucky because the police treated him like that considering that he is a former head of state," Sikazwe said. "But Chiluba must be reminded that during his tenure of office, he used the police as instruments of terror...our memories are still very fresh on how the police tortured the late Dean Mung'omba. I, too, suffered at the hands of the police on Chiluba's orders."
Sikazwe commended the police for acting differently from the way they acted during Chiluba's era when Dr Kenneth Kaunda was arrested and thrown into police cells without any sympathy.
"During Chiluba's era it was unheard of for the police to plead with anyone, including Dr Kaunda, to get out of the police cell. Instead they were brutal under Chiluba's orders. Ask Dr Kaunda, Fred M'membe, Dr Rodger Chongwe, Post Newspaper journalists, among others, they have something to share," Sikazwe said. "We all know that under our laws, Chiluba is innocent until proved guilty, but as people of Zambia we have pronounced him guilty for crimes he committed against us. Many of our people who could have joined us in pronouncing Chiluba guilty are dead and buried because of his actions."
She commended the civil society for sensitising the police on the need to uphold and respect human rights.
And Lifuka said TIZ was disappointed with the incident at Woodlands Police Station because both the Chiluba family and Task Force could have acted differently.
"We believe that the Task Force could have handled the matter differently and Mr Chiluba and his wife Regina could have behaved in the manner befitting their status," Lifuka said. "Mr Chiluba and Regina may have some problems with the state entering nolle but that does not mean they should subvert the law."
Lufuka said the drama surrounding Regina's case should serve as a lesson for the Task Force to ensure that their actions did not raise any questions when dealing with corruption cases.
"The Task Force must be professional at all times to ensure that their actions do not raise any questions," said Lifuka.
Labels: EMILY SIKAZWE, REGINA CHILUBA, TIZ
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Regina, just submit
By Editor
Tuesday September 04, 2007 [04:00]
The right to equality before the law, or equal protection of the law as it is often phrased, is fundamental to any just society. Whether political ally of those in power or opponent – all are entitled to equal protection or fair treatment before the law. We appreciate that the state cannot guarantee that life will treat everyone equally, and it has no responsibility to do so.
However, under no circumstances should the state impose what can be seen or interpreted as additional inequalities; it should be required to deal evenly, equally and fairly with all its people.
And indeed no one should think they are above the law, which should, after all, be seen to be the creation of the people, not something imposed on them. Citizens should submit to the law because they recognise that, however indirectly, they are submitting to themselves as the makers of the law. When laws are established by the people who then have to obey them, both law and democracy are served.
There is nothing illegal about the state entering a nolle prosequi in favour of Regina and later re-arresting her. This may be unfair on her, but it is certainly legal. And moreover, these are the same laws and practices her husband, Frederick Chiluba, used to use in dealing with his opponents.
In fact, Chiluba at one time caused the arrest and prosecution of innocent citizens for saying that he had an affair with Regina, when she was still married to Eddie Mwanza. But the state later entered a nolle.
This was not until after these accused persons had incurred huge legal bills trying to defend themselves. This was legal but not fair.
And our judiciary, at whatever level, may find itself confronting these abuses, and may find itself subjected to enormous pressures to accept them. Often, if the process is legal but unfair, there is little that a court can do.
And there is hardly a more powerful weapon which can be abused in the hands of a government than that of initiating or discontinuing prosecutions. And all our successive governments have abused the prosecution process using nolle prosequis.
Regina is justified in her anger against the discontinuance of her prosecution through a nolle prosequi just to face re-arrest a few days later. She has already been subjected to a very stressful and costly process just to rewind it once more, just to start the wholeprocess afresh or de novo. This is not fair; this is not acceptable but there is nothing shecan do other than to subject herself to it once more because although it is unfair, it is legal and the state is acting within the law
Attempting not to cooperate with law enforcement agencies will not be helpful to her; it will actually just put her at a disadvantage.
The police, as Task Force chairman Max Nkole, has correctly warned have the right to use reasonable force to arrest and detain her.
Regina may just end up denying herself access to a police bond. And this will just be an exercise in futility because she has no capacity or power to defy the state. No one has succeeded in doing so, unless they have got an army or a militia of their own running a state within a state. Otherwise, Regina will be picked up in a rough and embarrassing way.
We therefore advise her to cooperate with the orders being given to her because although they may be said to be unfair, they are legal and as such have to obeyed.
This said, there is need for us to turn to the issue of the way Regina’s prosecution was conducted by the state. We have never seen such incompetence and inefficiency in the conduct of such a high-profile case. From the very beginning it was very clear that the state was not ready to proceed and was totally off-tangent.
The prosecution appeared to have been at sea, it did not know what it was doing and had little knowledge of the case. The prosecution counsel was totally lost and acted in a manner that made it look as though the state had no case against Regina and was merely victimising her for political or other reasons.
For us, who have followed these cases and helped in digging them out, the prosecution counsel looked stupid and continually made a fool of itself. But we are not blaming the prosecution counsel for this. The blame should lie with those who engaged them to do the job they were not ready for.
These are not ordinary petty theft cases; they are very complicated white collar crimes committed over a long period of time by very intelligent people with evil and selfish minds. As such, a lot of work is needed by the prosecution counsel to understand the matrix of what went on, of how public funds were abused or stolen. Clearly, this was not the case in Regina’s prosecution. The prosecution counsel had clearly not done this homework properly and hence its poor performance in court.
The Director of Public Prosecutions (DPP) had no alternative but to invoke his statutory powers to enter a nolle prosequi and start the matter de novo.
It is our sincere belief that the DPP had no intention to inconvenience or to be seen to be victimising Regina. But the bungling of the case by the prosecution counsel had to be remedied and the only way this could be done was via a nolle prosequi and a re-arrest of Regina.
This is certainly not fair to Regina, but as we have already stated it is perfectly legal – it used to be done even during her husband’s presidency.
But there is need for the state to take all necessary steps to ensure that prosecutions are conducted in an efficient, effective, orderly and fair manner.
What happened in Regina’s case could have been avoided if care had been taken in the engagement of prosecutors.
We should not forget that in every society throughout history those who administer the criminal justice system hold power with the potential for abuse and tyranny.
We know that in the name of the state, individuals have been unjustly arrested, detained and mistreated in all sorts of ways without legal justification. No just society can tolerate such abuses.
Every state must have the power to maintain order and to punish criminals, but this must be done in a manner that is seen to be fair and just – and not only legal because as we have seen, some practices or procedures can be legal but not fair. We should remove from our criminal justice system or judicial process arbitrariness and practices that appear to be subject to political manipulation by those in power.
We have no doubt that the state has a good case against Regina but it is today made to look vindictive and unfair because of the incompetence, the poor handling of the case by the prosecution counsel. This should be, and can be, avoided. The cost of allowing this may prove too high if we are not careful. We should not forget that there is too much at stake in these cases because they involve people who are literally fighting for their lives.
Labels: EDITORIAL, REGINA CHILUBA
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Cops lock up Chiluba, Regina
By Brighton Phiri and Bivan Saluseki
Tuesday September 04, 2007 [04:00]
Police yesterday briefly locked up former president Frederick Chiluba and his wife Regina in a cell at Lusaka's Woodlands Police Station before charging her with being in possession of property believed to have been stolen. And Chiluba revealed that he had documentary evidence to show who the true thieves are.
Meanwhile, Regina showered Task Force officers with abusive language when they asked her to accompany them to Woodlands Police Station.
The Task Force officers, accompanied by eight armed paramilitary officers, went to Chiluba's Kabulonga residence in Lusaka around 11:15 hours and requested Regina to accompany them to Woodlands Police Station. This was after Regina refused to avail herself for re-arrest following a Task Force call-out last Thursday.
Regina was recently discharged via a nolle prosequi on the same charges as she was arrested yesterday.
Task Force officers were met by Chiluba's special assistant for presss Emmanuel Mwamba, who advised them that Regina would only be available around 14:00 hours because she had to prepare and inform her lawyer Robert Simeza. But the officers refused and insisted on Regina accompanying them to the police station.
"We expected her to report at our offices at 10:00 hours and this is after 11:00 hours," said one of the officers.
After consultations, Mwamba later allowed five plainclothes officers inside Chiluba's residence. Around 12:00 hours, Simeza arrived and went in to discuss with the Task Force officers.
According to Mwamba, Simeza advised the Chilubas to proceed with the Task Force's plans to arrest Regina and that he would seek other means of addressing her concerns on the matter.
Mwamba explained that the Chilubas’ concern was that the Task Force had taken the case as licence to abuse and take away their rights without recourse to the law.
Around 12:30 hours, the Task Force officers came out of the house while Regina followed them behind, showering them with abusive language.
"You tell Max Nkole (Task Force chairman) that he must tell me what so sort of jail sentence he wants me to serve. I am not scared of jail sentence, I was born in Lubuto a compound in Ndola, I can't fear Mwanawasa's jail. Bushe elyo naupilwe kuli ba Chiluba, lisambi? Mwembwamwe! (You dogs, is it a sin for me to have married Chiluba? Am I the only one who got married to Chiluba and has property?" Regina yelled at the Task Force officers as Chiluba chimed in: "Times change, time will change, do not take things for granted."
At Woodlands Police Station, Chiluba and Regina were taken to the Criminal Investigations Officer (CIO)'s room where a warn and caution statement was recorded from Regina before she was formally arrested. The arresting officer then led Regina to the reception where her particulars were recorded in the Daily Occurrence Book.
The officer then told Regina that she would be ushered into a police cell while her lawyers negotiated for her police bond. The officer told Regina that she had to be detained in the cell because both the officer-in-charge and his deputy who should have authorised her police bond were out of the station.
It was at this stage that Chiluba openly protested and opted to join his wife in the cell. Regina was ushered into the cell at 13:25 hours. Chiluba followed her and the uncompromising police officer locked them up amid protests from Mwamba and Simeza.
"You cannot separate us," said Chiluba as he joined Regina in the cell.
In a seemingly solidarity gesture, Kasama Central Patriotic Front member of parliament Xavier Chishimba joined Chiluba and Regina in the cell.
Police officers told Chiluba and Chishimba that they were in the cell illegally, and that if they did not get out, they would be charged with conduct likely to cause a breach of peace so they could legally remain in the cell. However, Chiluba and Chishamba were not moved by this threat.
After 15 minutes behind bars, Chiluba and Regina were released and escorted to the CIO's office where Regina was granted a K300 million police bond with two sureties. Mwamba and Chishimba signed as Regina's sureties.
Earlier, Chiluba protested when the police attempted to block journalists from taking pictures.
"Please forgive me, allow them to have a field day...this is good documentary," said Chiluba before the police forced journalists out of the reception area.
"Times change, times have always changed...we have seen these things... kumulu lesa, panshi ni uyo wine...aliya...nabobene baleya nombaline [In heaven it's God, and on earth it is that one who is now gone... the one who is there will soon go too," said Chiluba in an apparent reference to Dr Kenneth Kaunda and President Levy Mwanawasa.
Chiluba later followed journalists outside where he briefly addressed them.
"These are very bad politics...you cannot continue to abuse the court process the way they are doing. This case had come to an end, this must come to an end," Chiluba said.
He said he was shocked with the government's shameless lies that he only travelled 11 times between 1991 and 2001 when he served as Republican president.
"As president of Zambia, I only travelled 11 times, therefore I had no allowances because I had only travelled 11 times? As chairman of the Congo peace process, Angola peace process, chairman of SADC, COMESA and AU, I travelled 11 times? Crazy! Crazy! And all of you including the police have television sets because we liberalised the economy.
Since 1991 when we liberalised the economy, everyone has managed to buy a television set. So the president can fail to buy a television set? Crazy!" Chiluba said. "This country will be very easy to tell the truth...to distinguish between the truth and lies because we have not been moving as blind men, we have documentary evidence to show the truth.
As former head of state, I know how to investigate these things. I have enough documentary evidence to show who the true thieves are. They have travelled all over in England to look for money and they found none. The FBI was involved and they went round and found nothing."
But Task Force chairman Nkole reminded Regina that there was rampant abuse of the judicial process during Chiluba's time. Nkole said there was no abuse of the court process this time.
"Perhaps the person saying that should be reminded that abuse of the judicial process was more rampant then," he said.
Nkole said during Chiluba's time, people were being detained for motor vehicle thefts indefinitely and without trial.
On Sunday, Regina said although she was summoned to appear before the Task Force for possible re-arrest, it was difficult for her to co-operate with the Task Force on the current matter as they were clearly abusing the constitutional powers of the Director of Public Prosecutions (DPP) owing to the manner in which her case was withdrawn before court through a nolle prosequi.
But Nkole said there was no abuse on their part because the DPP exercised discretion of his office.
He said the Task Force could not force or coerce the DPP to enter a nolle prosequi. Nkole said Regina had been issued with a call-out and was supposed to have reported at 10:00 hours.
He said after she failed to appear, officers were dispatched to pick her up.
Labels: COURTS, REGINA CHILUBA
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Regina refuses to avail herself for re-arrest
By Bivan Saluseki
Monday September 03, 2007 [04:00]
Former president Frederick Chiluba's wife Regina has refused to appear before the Task Force on corruption today where she is supposed to be re-arrested on corruption allegations. But Task Force chairman Max Nkole yesterday warned that if Regina did not want to co-operate with the Task Force then police would use reasonable force within their discretion.
The Task-Force on Thursday issued a call-out for Regina to appear before them today for re-arrest on similar charges of receiving monies, goods and properties suspected to be stolen from government.
But Chiluba's spokesperson Emmanuel Mwamba said Chiluba and Regina had informed their lawyer Robert Simeza that it was difficult for Regina to co-operate with the Task-Force on this particular matter, because the Task-Force was clearly abusing the constitutional powers of the Director of Public Prosecution (DPP) owing to the manner Regina's case was withdrawn before court via a nolle prosequi.
"The Chilubas have always co-operated with law enforcement agencies and have always submitted themselves to the law. It is clear that from their willful past submission to the law, the Task-force on Corruption has taken this as license to abuse and take away their rights without recourse to the law," Mwamba said.
"When charges were hastily withdrawn before a Ndola Court, by The Task-Force on Corruption, minutes before a ruling could be made whether Mrs Chiluba had a case to answer or not, it was not in the interest of the law, but fear of their standing in the eyes of the public and imminent humiliation. It is no longer speculation that the public noted that the case lay dead from the on-set as the prosecution struggled and bungled to make a case."
Mwamba said the state sought unreasonable adjournments and even when state witnesses were on the stand, they barely set a tone for a successful prosecution.
"Further, the broad conduct of the prosecutor in this matter was mostly unprofessional. The magistrate even ordered that the state closes its case as they appeared keen to manufacture witnesses as the case was struggling to go on. The prosecution eventually failed and the case collapsed before the state. So why should Mrs Chiluba be punished with an arrest when she submitted herself to a court process that appeared not to favour the state?" Mwamba asked.
He said the Chiluba family had instructed Simeza to immediately seek audience with the DPP to obtain official assurances and confirmation that his powers in whose name the Task-Force on Corruption were acting, were not being abused with his consent.
"This in fact is a legal limbo this country finds itself in where The Task-Force on Corruption, and its chairman have no legal status but act through the powers of other institutions such as the Drug Enforcement Commission (DEC), Anti-Corruption Commission (ACC) and the DPP when the law recognises these institutions and their heads are independent," said Mwamba.
Mwamba said the Task-Force had been quick to act outside the law and appeared to attempt to fulfil its mandate even through hook or crook means.
"The DPP, in this case whom the Republican Constitution mandates to act independently and without direction or influence of any party, seems to be illegally being directed to act by Mr Max Nkole. The Chilubas are ready to challenge this clear abuse of the law before Mrs Chiluba can submit herself to the Task-Force on Corruption on this particular matter," said Mwamba.
But Nkole said Regina would be coerced to co-operate. He said if she did not want to be re-arrested, police would use minimum force which would be within their discretion and within the law.
Regina was recently discharged by a Ndola magistrates’ court when the state entered a nolle prosequi in a case in which she was charged with nine counts of being in possession of stolen or illegally obtained property. The court even ordered that the property in question which included four vehicles, real estate, a 61-inch Toshiba colour television set and K474 million suspected to have been acquired with the government funds be restored to Regina and her bank accounts re-activated.
But Nkole said they entered a nolle prosequi because they wanted to restart the case with a new strategy. Nkole said for that reason, the Task Force would be re-arresting Regina to re-start her prosecution because they were convinced beyond reasonable doubt that the evidence against her was overwhelming.
Labels: REGINA CHILUBA
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Regina Chiluba will be re-arrested - Nkole
By Amos Malupenga, Laura Mushaukwa and Namakau Nalumango
Saturday August 25, 2007 [04:00]
Regina Chiluba will be re-arrested because the evidence against her is overwhelming, Task Force chairman Max Nkole said yesterday. But former president Frederick Chiluba's wife, Regina, expressed disappointment at the state's decision to enter a nolle prosequi in her case, saying her prosecution was malicious. And Ndola Principal Resident Magistrate Chilombo Phiri has ordered the state to give back the property which was seized from Regina and pay her costs.
Commenting on the nolle prosequi entered by the state in the case where Regina was charged with nine counts of failing to account for possession of property believed to have been stolen, Nkole said the case was still active.
“She will be re-arrested so we can re-start the matter with a new strategy,” Nkole said. “We have to do that in the interest of justice, in the interest of the accused, the state and the court.”
Asked to comment on the court ruling ordering the state to give back to Regina whatever was seized from her, Nkole said the ruling was pre-emptive.
“The court is being pre-emptive,” he said. “I think the court is jumping the gun because the court should be aware that when a nolle is entered, the case is still alive and can be restarted anytime. It is premature for such a court order. In fact, this confirms our fears. We had some fears, that is why we have to re-start this case with a new strategy. This matter has to be handled to the satisfaction of all parties involved.”
Nkole said his team was convinced that they had overwhelming evidence against Regina.
“The DPP Director of Public Prosecutions is of the same view,” Nkole said. “He was heavily consulted before the arrest was effected. Even this nolle was entered with his guidance and direction.”
But Regina expressed disappointment at the nolle.
“I am disappointed that the state decided to bring a nolle at such a late stage, but above all I want to thank my God who is faithful and who is our vindicator,” Regina said. “I would like to thank my husband who has been very supportive and also my lawyers Simeza Sangwa and Associates.”
She hoped the state would abide by the court order and release her assets. Regina said her prosecution was motivated by malice.
The matter was yesterday scheduled for ruling on a case to answer but the complexion of the case changed after senior prosecutions officer Dennis Simwiinga informed the court that the state intended to discontinue the matter by entering a nolle prosequi pursuant to section 81(1) of the Criminal Procedure Code (CPC).
Magistrate Phiri closed the case at the last sitting after the state failed to produce witnesses despite several of her warnings against delaying the matter.
However, magistrate Phiri granted Simwiinga’s application, saying the court had no powers to question the state’s entry of a nolle prosequi.
But defence lawyer Robert Simeza opposed the application contending that it was not competent for the DPP to enter a nolle at this stage after the case was closed for a ruling.
“We seriously oppose this application on the grounds that it is not competent for the DPP to enter a nolle at this late hour after the case has been closed and a ruling is about to be delivered,” Simeza said. “It was open to the DPP to discontinue prosecution before they closed the case. Your Honour this is a classic case of the worst kind of abuse of the court process and malicious prosecution. They should not be allowed.”
At this point Simwiinga chipped in saying the DPP was empowered by section 81(1) of the Criminal Procedure Code to discontinue a matter even when a ruling or judgment was about to be passed.
Simeza then made two applications relating to restitution of property that was seized from Regina and ordering the state to pay costs as a deterrent from bringing about unnecessary prosecutions.
“I wish to make two applications, the first one is for restitution of the property seized from the accused which is being used as exhibits before this court and this is anchored on section 179 of the Criminal Procedure Code,” Simeza said. “Your Honour, the property in question includes the motor vehicles, bank accounts which have been frozen and the rest of the property. The second application is an order that my client be awarded costs for these clearly unnecessary and malicious proceedings which were brought against her. It was clear from the beginning that the state had no case against my client but they went ahead to put her at great expense in order to defend herself. The state must be made to pay expenses arising from this action to act as a deterrent so that they should think twice next time. The state should not be allowed to abuse its authority and power to its citizens.”
Simeza noted that the state decided to discontinue the case after they realised that their case had collapsed.
“Your Honour, don’t allow your court to be abused by the state,” Simeza pleaded.
Simwiinga objected to Simeza’s application, contending that the accused was discharged, not acquitted, meaning the state could still re-arrest her and the same exhibits could be used.
“You cannot question a nolle, on the exhibits we submit that the application should not be allowed as the state may re-arrest the accused person and use the same exhibits,” Simwiinga argued. “On the second application Your Honour, the accused person was brought before this honourable court through the normal legal procedure as to whether this prosecution is malicious is a matter of evidence. The defence cannot allege abuse of authority without evidence. Costs should not be awarded. Section 81(1) is law, the state did not make it neither did the court. The court’s duty is to interpret the law and the DPP is merely exercising his legal powers.”
But Simeza dismissed Simwiinga’s argument as illogical, saying the proceedings had ended, meaning his client was free and that if the DPP decided to start new proceedings, they would be under a different cause.
He wondered what would happen to the exhibits in the event that the DPP did not start new proceedings or if the new proceedings were to be brought before a different court.
“What happens to these exhibits, are they forfeited?” asked Simeza.
He argued that it was not a matter of evidence that the prosecution was malicious because things spoke for themselves and that the conduct of the state needed to be frowned upon.
Meanwhil, there was jubilation inside and outside the courtroom as Regina’s supporters sang worship and praise songs such as Ba Lesa ba weme while Regina waved at them and walked around the court precincts in an ecstacy of joy.
The supporters escorted Regina, swarming her car until she drove away while police tried to control them.
Labels: COURTS, MAX NKOLE, REGINA CHILUBA
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