Dr Musonda’s shock not surprising, says Sata
By Mwala Kalaluka
Mon 06 June 2011, 04:01 CAT
PF leader Michael Sata says convicted former health deputy minister and MMD member of parliament Dr Solomon Musonda is shocked that
despite belonging to the ruling party, he has been slapped with a nine months prison sentence for shooting a PF cadre.
And SACCORD says Dr Musonda's conviction should send a clear warning to perpetrators of political violence that they can be taken to the International Criminal Court if local systems failed to deal with them.
Commenting on Dr Musonda’s complaints that the nine months jail sentence imposed on him by Kabwe High Court judge Mugeni Mulenga for shooting Jackson Musaka in his Chitambo Constituency last year was excessive and shocking, Sata said in an interview yesterday that it was not surprising that Dr Musonda was shocked by the conviction.
Sata said, however, that Dr Musonda was legally entitled to exhaust the entire judicial process by appealing his conviction all the way up to the Supreme Court.
“He is shocked because he did not expect that, being on the side of government. So he is right by being shocked,” Sata said.
He said Dr Musonda was shocked by the court's decision because other people that were on the side of the government had gotten away with such crimes.
“Others got away with it without appearing even one hour in court,” Sata said. “He is shocked because this is not the end of the story, because having been convicted for more than one day he has Medical Council to face for his practicing licence.”
On the behaviour of MMD cadres that harassed private media journalists that wanted to interview Dr Musonda after his imprisonment on Friday, Sata said such conduct was unfortunate as the country headed towards the general elections.
“It is most unfortunate that our colleagues instead of being sorry for the person who was injured by the gunshot they want to bring more violence,” said Sata.
MMD cadres led by Central Province vice-chairman George Kangwa threatened to manhandle journalists from The Post and Muvi TV that went to cover the court proceedings relating to Dr Musonda's sentencing last Friday.
And Southern African Centre for the Constructive Resolution of Disputes SACCORD executive director Lee Habasonda said in an interview yesterday that the number of blood-thirsty characters must be minimised ahead of this year's polls.
“It must send a clear warning to perpetrators of violence that you can’t go on abusing other people because you are in authority,” Habasonda said.
“It conviction is going to minimise these blood-thirsty characters we have in the country.”
Habasonda said Dr Musonda’s conviction by judge Mulenga would somehow enhance public confidence in the judiciary and people could still rely on it for conflict resolution.
Habasonda said the issue should be seen beyond Dr Musonda in view of the fact that Zambians could still drag architects of political violence to the International Criminal Court ICC in the Hague should the national systems fail to deal with them.
Dr Musonda was on Friday afternoon released from detention at Kabwe High Court holding cells after judge Mulenga granted him a K2.5 million cash bail pending appeal against his conviction and sentence.
This was just hours after he was sentenced to prison.
In convicting him, judge Mulenga said Dr Musonda’s shooting of Musaka was a reckless and unjustifiable act for which a defence of self-defence could not sustain.
Labels: CADRES, MICHAEL SATA, MURDER, PF, SOLOMON MUSONDA
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Judge urges closure of prosecution in Dr Musonda’s case
By Mwala Kalaluka in Kabwe
Sat 01 Jan. 2011, 04:01 CAT
A High Court judge says she expects the state to close their prosecution of the case where Dr Solomon Musonda is charged with the shooting of a PF cadre by next Friday. And a senior police officer says there was only one incident of violence in the by-election where Dr Musonda was elected member of parliament for Chitambo in 2009.
Kabwe High Court judge Mungeni Mulenga made the remarks during the hearing of the case where Dr Musonda, former health deputy minister and MMD Chitambo parliamentarian, is in court for shooting and injuring a PF cadre from his constituency.
Judge Mulenga adjourned the matter to January 7, 2011.
“The matter has been adjourned to 7th January, hopefully it will be the close of the prosecution case,” judge Mulenga said after two police officers had testified in the matter.
But defence lawyer Sunday Nkonde asked if they could also be availed copies of the video footage of the scene where Dr Musonda shot 25-year-old Jackson Musaka in Serenje’s Lubembe area using a Browning pistol in June last year.
In response, acting senior state advocate Mwendabai Mwalusi said the state was already in the process of availing copies of the video footage to the defence. The footage was filmed by police officers investigating the shooting.
And Serenje district police officer commanding, Daniel Museteka said in his testimony that if Dr Musonda had fired in the air as he claimed, he would not have ended up shooting Musaka.
This was during cross-examination in the matter led by defence lawyer Rabson Malipenga.
“Record enhancement shows that your client owned a gun for 11 days (from May 19, 2010) and on the 12th day (June 1, 2010), he shot a person,” Museteka said in response to Malipenga’s assertion that he was a liar. “According to him he fired in the air. He fired in the air and one (bullet) directed to a person who was shot because if he fired in the air it wouldn’t have actually shot a person.”
Museteka said he handled Dr Musonda’s case in a very neutral and professional manner.
He said hours before the shooting incident, they had shared a light moment with Dr Musonda at a council guest house in Serenje where the parliamentarian informed him that he wanted to build a police post at Chalilo using Constituency Development Fund (CDF) money.
Museteka said the youths that stopped Dr Musonda on his way from addressing two rallies were defenceless and that they were just reasoning with him.
In continued cross-examination led by Sunday Nkonde, Museteka said he did not receive a report of Dr Musonda’s vehicle being blocked during the Chitambo by-election.
He said there was only once incident of violence which occurred at Mukando turn-off where two people were trying to size each up and that the campaign itself was peaceful.
Museteka said the media exaggerated the reports of violence in the by-election.
During the Chitambo by-election, Mbala MMD parliamentarian Gaston Sichilima got embroiled in a fight with a UNIP cadre but now turned MMD cadre, at Mukando turn-off.
Labels: COURTS, POLITICAL VIOLENCE, SOLOMON MUSONDA
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‘Dr Musonda’s shooting was an overzealous act’
By Mwala Kalaluka in Kabwe
Wed 29 Dec. 2010, 04:01 CAT
A senior Serenje police officer told the Kabwe High Court that Dr Solomon Musonda’s shooting of a PF cadre in Chitambo Constituency was an overzealous and excitement-driven act.
Testifying in the matter where former health deputy minister and Chitambo MMD parliamentarian, Dr Musonda is before the court for shooting a PF cadre Jackson Musaka, Serenje district police officer commanding Daniel Museteka yesterday said the Browning pistol alleged to have been used was acquired 11 days before the shooting incident.
Museteka, a police officer with 26 years experience, made the statement during cross-examination by defence lawyers Sunday Nkonde and Rabson Malipenga but judge Mungeni Mulenga classified the assertion as an opinion when the matter went into re-examination.
In his evidence in chief led by acting senior state advocate Mwendabai Mwalusi, Museteka said Dr Musonda called him on June 1, 2010 around 19:00 hours to inform him that he had shot a PF cadre.
Museteka said he met Dr Musonda at Pensulo, where he explained what led to the shooting and offered his vehicle to enable the police go to the crime scene.
“Upon reaching the scene of the incident, we did not see any logs as alleged by the Honourable,” Museteka said.
He said after analysing the scene, he asked Dr Musonda to surrender his firearm and recorded a warn and caution statement from him the next day. Museteka said the firearm allegedly used in the shooting of Musaka was a Browning pistol with eight rounds of ammunition and police officers that visited the scene found one used cartridge.
Museteka said he ordered that a docket for attempted murder be opened over the shooting incident but Dr Musonda was arrested on a different charge in Lusaka where he was residing.
In cross-examination, Museteka said there was no hostility from the youths prior to the shooting incident to the extent that Dr Musonda was not injured in any way and his vehicle was dent-free.
“As far as I am concerned, the youths were not violent,” he said. “If I was biased, the Director of Public Prosecutions would not have given consent for the prosecution of Dr Musonda.”
He said he did not get a statement from Musaka because he was in a critical condition at the time.
Museteka, who claimed to have a cordial relationship with Dr Musonda, said the youths that blocked the parliamentarian on June 1, 2010 after he addressed meetings in Chitambo were from the PF, MMD and others were non-partisan.
Museteka disputed assertions by the defence that he was a PF sympathiser and that was why an MMD member like Dr Musonda was in court when the PF cadres who equally broke the law were not.
He said Dr Musonda broke the law first by holding meetings in his constituency without a permit and the shooting incident could not have happened.
“What led to the shooting was excitement because he had only owned the gun for less than two weeks. Any person who obtains a new thing becomes overzealous,” Museteka said. “In fact, the first person who broke the law was the honourable because he never obtained a permit. He is a lawbreaker.”
Museteka said the act by the youths to demand money from Dr Musonda was unlawful.
Meanwhile, judge Mulenga said she did not understand why the defence was focusing on the PF cadres when the witness had said the youths were from different political parties.
Labels: CADRES, MMD, PF, POLITICAL VIOLENCE, SOLOMON MUSONDA
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Musonda’s shooting trial begins today
By Namatama Mundia
Mon 29 Nov. 2010, 04:00 CAT
THE case in which Dr Solomon Musonda is charged with causing grievous harm with intent to disfigure commences today in the Kabwe High Court.
Dr Musonda, the former health deputy minister and Chitambo MMD parliamentarian, is charged with one count of causing grievous harm with intent to maim, disfigure or disable contrary to section 244 (a) of the Penal Code.
It is alleged that Dr Musonda on June 1, 2010 caused grievous harm to Jackson Musaka, a PF cadre.
Dr Musonda, who is being represented by Sunday Nkonde, pleaded not guilty to the charge.
Recently, when the matter came up for plea, prosecutor Bako Chipola said the state was determined to conclude the case within the course of the Kabwe High Court criminal session.
Labels: COURTS, JACKSON MUSAKA, PF, SOLOMON MUSONDA
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Dr Musonda committed to High Court for shooting PF cadre
By Mwala Kalaluka in Serenje
Fri 02 July 2010, 17:20 CAT
FIRED health deputy minister Dr Solomon Musonda had a tough time detaching himself from a group of red-card flashing and chanting PF cadres that besieged him immediately after the case in which he is charged for shooting a PF cadre was committed to the Kabwe High Court today.
Kabwe principal resident magistrate Joshua Banda sitting as a magistrate in Serenje this morning committed Dr Musonda’s shooting case to the High Court based on the strength of a certificate of commitment from the Director of Public Prosecution (DPP) Chalwe Mchenga.
Dr Musonda, a 34-year-old medical doctor and politician, and a resident of Nsumbu road in Lusaka’s Woodlands area stands charged with one count of causing grievous harm with intent to maim, disfigure or disable contrary to section 244 (a) of the Penal Code.
Particulars of the offence are that Dr Musonda on June 1, 2010 with intent to maim, disfigure or disable caused grievous harm to Jackson Musaka.
When the matter came up in the Serenje Magistrates’ Court this morning, Central Province Division Prosecution Officer (DPO) Hilda Banda said it was coming for the explanation of the charge.
She said the state was ready with the instructions so that the case was committed to the High Court.
Before that magistrate Banda had explained the charge to Dr Musonda although Lusaka chief resident magistrate Charles Kafunda had explained the same to him when he appeared before him.
Magistrate Banda said DPP in his own discretion thought that Dr Musonda’s case was a proper case for the High Court.
“I hereby commit you accused to the Kabwe High Court,” magistrate Banda said.
Magistrate Banda said High Court judge Timothy Katanekwa would hear Dr Musonda’s case at the next criminal session in Kabwe.
A good number of PF-UPND pact cadres had attended the court hearing and they listened attentively as proceedings went on inside the small courtroom.
However, as soon as the matter was adjourned and Dr Musonda and his lawyer Sunday Nkonde were about to emerge from the courtroom, the PF cadres started flashing red cards whilst shouting, “Musonda out, Musonda out” and “Musonda criminal”.
As Dr Musonda and a paltry size of MMD cadres came out of the courtroom, the flashing of red cards intensified and the PF cadres surged towards the court’s steep veranda stepping up their chanting and flashing red cards in Dr Musonda’s direction.
Dr Musonda greeted one of his sympathizers as the PF cadres led by some women advanced in his direction whilst another blew a red whistle in his face.
A sizeable number of police officers were by now standing at a safe distance monitoring the situation as Dr Musonda with difficulty went towards his Nissan Hard body vehicle, which was parked in the vicinity.
Some of the outnumbered MMD cadres started raising their party symbol in solidarity with Dr Musonda but the PF cadres started banging on Dr Musonda’s vehicle immediately after he had entered it with his lawyer.
Dr Musonda, who was driving himself, had problems getting away from the confusion and it only took police intervention before he could hastily drive away from the scene that had attracted some attention from passersby.
Labels: CADRES, MURDER, SOLOMON MUSONDA
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Administration of criminal justice the Mchenga way
By Editor
Tue 22 June 2010, 04:00 CAT
As we have stated before, in every society throughout history, those who administer the criminal justice system hold power with the potential for abuse.
But no honest, fair and just society can tolerate such abuses.
Every state must have the power to maintain law and order and punish criminal acts, but the rules and procedures by which the state enforces its laws must be explicit, and not arbitrary or subject to political manipulation by those in power.
Looking at the way criminal issues have been dealt with by the state since Chalwe Mchenga became the Director of Public Prosecutions, one cannot remove arbitrariness and political manipulation from our criminal justice system. Mchenga seems to have entrenched a shameful practice.
The office of Director of Public Prosecutions is an important institution in ensuring the maintenance of law and order. The occupant of such an office must possess the highest levels of integrity and judgment. A careless approach to the powers that that office possesses could easily plunge the nation into chaos. This is something that Mchenga needs to be sensitive to. He needs to exercise the powers of that office with maturity and independence.
But his record so far is a shameful one which no honest person could defend. As things stand today, Mchenga has been denounced by his peers in the Law Association of Zambia because of the lack of evenhandedness in the way that he conducted himself in relation to the Frederick Chiluba affair.
Mchenga’s record does not give any comfort at all. We have not forgotten that Chiluba used him to punish the late Archie Mactribuoy because of the suspected inappropriate relationship with his wife. For that reason alone, Mchenga prosecuted Mactribuoy for all sorts of things. We wonder whether Mchenga can defend his actions in that matter.
The Kashiwa Bulaya case clearly demonstrated what sort of person Mchenga is. Levy Mwanawasa and George Kunda used him to stop Bulaya’s prosecution through a crooked and an unjustifiable nolle prosequi. When the matter became too hot and was threatening Levy’s presidency, Mchenga was used to publicly defend this nonsensical decision. When Levy decided to climb down, Mchenga was again used to put Bulaya back in court.
And this was the Mchenga who was used to claim that there was no evidence against Bulaya to secure a conviction. But today, we all know that Bulaya was convicted and efforts to appeal failed to save him from going to jail, albeit at University Teaching Hospital where his friends are keeping him to avoid Lusaka Central Prison hardships.
When Rupiah Banda decided to save Chiluba from a conviction and a jail sentence, Mchenga was again used to block the legitimate appeal which had been lodged. Mchenga claimed the prosecutors who had appealed Chiluba’s clearly corrupt acquittal had no authority to do so without his permission. Mchenga knew very well what the law is on this issue; he knows very well that the prosecutors didn’t need to go back to him for permission to appeal that acquittal. Judge Marvin Mwanamwambwa had clearly explained what the law is on this issue in a matter in which Mchenga was involved. But Mchenga seems to be permanently wedded to lies.
When we have called Mchenga a spineless wimp with little or no moral courage to stand for what is right, we have not done so lightly. We mean what we say. The record that Mchenga has set for himself is a very bad one. He has turned the Director of Public Prosecutions’ office into a gun for hire ready to do the bidding of his political masters however ridiculous their demands might be. A person who enjoys a protected security of tenure has reduced himself to behaving like a daily classified employee who fears that he might not be rehired the following day. This is a very dangerous trade for a man who sits on as much power as Mchenga does. The Constitution has given him power but it is not him using it. Mchenga has rented out his power to his political masters.
Mchenga has made the security of tenure of the Director of Public Prosecutions’ office meaningless. Mchenga is working like someone on a contract that will need to be renewed by Rupiah or George.
A little morality – if a little is all that he has – would have helped him to see that the decisions he is making are beyond wrong – they are immoral and criminal. How can a Director of Public Prosecutions join politicians in doing the kind of nonsense Mchenga is doing?
We are still waiting to see what Mchenga does about the violence that took place in Mufumbwe. We say this because he has been quick to authorise the prosecution of opposition UPND Solwezi Central member of parliament Watson Lumba for attempted murder. This is a case where it is alleged that a policeman was beaten by UPND cadres, not Watson – but cadres. Mchenga has seen it fit to have Watson indicted for attempted murder. But this same Mchenga has failed to authorise the prosecution of ruling MMD losing candidate Mulondwe Muzungu’s son who killed three people in a hit-and-run motor vehicle incident. Mchenga has no shame in using the law to fix the political opponents of his political masters – Rupiah and George.
The case of Dr Solomon Musonda is another example of the reckless and wanton abuse of power by Mchenga and his masters. Solomon recklessly aimed a firearm at the head of an unarmed person and almost killed him. Mchenga and his political masters decide, after a long and protracted attempt to evade arrest and prosecution of Solomon, to help him avoid the obvious charge of attempted murder by giving him a simple assault charge of causing grievous bodily harm with intention to maim. Where does the intention to maim come from when Solomon shot a person in the head with a gun and not a catapult? The ridiculousness of this does not bother Mchenga. The contradictions in his decision-making don’t make him uncomfortable enough to make him do the right thing. This is the kind of Director of Public Prosecutions we have.
Another opposition UPND member of parliament Charles Kakoma was wounded grievously while sleeping by MMD cadres who can be easily traced if there is a desire to do so. But to this day, no one has been arrested. And this is what Mchenga is condoning and supporting. Mchenga’s endless gratitude for having that job has turned him into a useless and very dangerous Director of Public Prosecutions. Our people should not expect any professionalism from Mchenga because he has turned himself into an MMD cadre, an MMD prosecutor - not different from William Banda.
And this is the man who is today responsible for the arguing of the appeal cases that Rupiah’s friends have taken to court. Rupiah wants all these friends of his - all of Chiluba’s tandem of thieves - to be saved from going to jail in the same way he has saved their boss. Can anyone expect Mchenga to go against Rupiah’s wishes and argue these matters in a manner that will help sustain the convictions that were obtained by independent prosecutors? It should not surprise Zambians to see all these appeal cases deliberately bungled by Mchenga and all the convictions overturned. This is administration of the criminal justice the Mchenga way. Zambians have no sensible alternative but to denounce it and fight to stop it.
Labels: CHALWE MCHENGA, CORRUPTION, DPP, SOLOMON MUSONDA, WYNTER KABIMBA
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Kabimba questions DPP over Dr Musonda's charge
By George Chellah
Tue 22 June 2010, 09:00 CAT
Lusaka lawyer Wynter Kabimba has written to the Director of Public Prosecutions (DPP) Chalwe Mchenga demanding that the charge against Dr Solomon Musonda be reviewed and amended before the commencement of trial.
And Kabimba has informed Mchenga that he would like to join the prosecution team in Dr Musonda’s case on pro bono basis since his appointment, as a public prosecutor in 1985, is still valid.
In a letter to Mchenga dated June 21, 2010, WM Kabimba & Company described the charge on former health deputy minister Dr Musonda as nothing but a traversity of justice considering the fact that he shot and wounded Jackson Musaka of Serenje.
Dear Sir, RE: ARREST OF DR SOLOMON MUSONDA FOR CAUSING GRIEVOUS BODILY HARM WITH INTENT TO MAIM AND DISFIGURE. The above named was arrested by the police on Thursday 17th June 2010 and has been charged with causing grievous bodily harm with intent to maim and disfigure Jackson Musaka. Dr Musonda appeared in court on Friday 18th June 2010, read Kabimba's letter in part.
As advocates for Jackson Musaka, we would like to observe that the charge against the suspect in this matter is nothing but a traversity of justice if you take into account the circumstances of the case and in particular the deliberate use of the firearm against the victim by Dr Musonda.
Accordingly, the suspect should have been charged with a more serious offence than the one he is now facing. In stating the above, we are not oblivious to the fact that under the Republican Constitution of our country you are not subject to any authority in the discharge of your duties as DPP.
However, where the circumstances of the case are so obvious and clear and appropriate criminal provisions in our statute books provide for the offence in question like attempted murder in this case, it is a mockery of justice to be seen to circumvent such provisions. It is only fair, therefore, and in the interest of justice that you review and amend the charge in question before the commencement of trial.
The law firm also informed Mchenga that they would like Kabimba to join the prosecution team in the matter.
In 1985, the then DPP had appointed and gazetted our Mr Kabimba who was at the time an advocate with Lusaka City Council as a public prosecutor. Since the said appointment is still valid, Mr Kabimba would like to join the prosecution team in the prosecution of Dr Musonda on prono bono basis, stated the letter.
Labels: CHALWE MCHENGA, SOLOMON MUSONDA, WYNTER KABIMBA
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Rupiah has sneaked out to watch Brazil – Sata
By Chibaula Silwamba and Namatama Mundia
Mon 21 June 2010, 13:01 CAT
PATRIOTIC Front (PF) leader Michael Sata yesterday charged that President Rupiah Banda sneaked out to South Africa to watch the Brazil-Côte d'Ivoire football match because he does not want Zambians to know that he is wasting their money on aimless and unproductive trips.
And Vice-President George Kunda, who is also justice minister, yesterday left for Serenje district, where the case involving former health deputy minister Dr Solomon Musonda will be heard next week in the magistrate’s court.
In an interview, Sata challenged anyone in government to refute his statement that President Banda was in South Africa yesterday to watch football at the ongoing FIFA 2010 World Cup tournament and later undergo a knee medical checkup before proceeding to Namibia for a state visit.
“The President has been feeling the impact of our complaints for his aimless and unproductive travels hence he is now hiding when going out of the country. Today (yesterday) he is going to South Africa for specific purpose of watching Brazil versus Côte d'Ivoire. Then tomorrow today he will fly to Cape Town for his medical attention to his knee and from there he will go to Namibia for a state visit and he will come back on Saturday,” Sata said. “He is sneaking out so that people don’t know that he is wasting our money, taxpayers’ money. Let somebody deny that he is going to South Africa to watch this last evening Brazil- Côte d'Ivoire game.”
The Zambian High Commissioner to Namibia Marvis Muyunda on Saturday said President Banda would this week be in Namibia for a state visit.
And yesterday, journalists – both from state and private media - were blocked from covering President Banda on his departure at Lusaka International Airport.
President Banda’s plane took off from the airport around 10.20 hours and sources confirmed that the President would stop over in South Africa for a medical review before proceeding to Namibia.
The sources said President Banda would be in Namibia from today, June 21, to June 25, 2010.
Security personnel at the Lusaka International Airport blocked a group of journalists from the private and the public media that went to cover President Banda’s departure.
The security personnel claimed that the journalists were late and that they would only be allowed access to the airport apron after the President’s plane had left.
However, despite the presidential challenger aircraft taking off, the security personnel still denied the journalists entry and they were referred to the protocol officers inside the VIP departure lounge where the journalists were again denied entry.
After President Banda left, Vice-President George Kunda was also in the process of leaving Lusaka International Airport for Serenje district aboard a helicopter.
The journalists were again denied access to Vice-President Kunda on grounds that they had not been screened by security officers.
Sources said the Zambia News and Information Services (ZANIS), which sent a camera crew to Namibia ahead of President Banda’s state visit, had been aware of President Banda’s trip to Namibia and Vice-President Kunda’s trip to Serenje but that they did not inform the other media houses because they had been ordered not to.
The sources said President Banda and Vice-President Kunda did not want any media coverage during their departure.
The police officers then informed the media personnel that since Vice-President Kunda and the government officials that went to see off President Banda had left Lusaka International Airport, it would not be possible for them to get any interviews. Thereafter, journalists left the airport.
And Sata accused President Banda of abusing money from Zambian taxpayers and donors. He said the decision by The Global Fund to fight AIDS, Tuberculosis and Malaria to suspend funding to the Zambian health sector through the Ministry of Health was proof that donors had lost confidence in President Banda’s government.
“Donor funds are taxpayers’ money from other countries and it is supposed to go to the projects it is intended for but it must not go into leaders’ pockets. They government officials have been misusing this money. They can’t downplay the suspension of The Global Fund’s aid to the Ministry of Health because they are playing double standards,” Sata said. “The donor community lost confidence in the Banda government a long time ago. This is not the first time the donor community is reacting. You remember, as soon as Banda came into office, the donor community reacted, which forced Rupiah Banda to take whatever measures he took but the measures he took are not enough because the people, for example in the Ministry of Health, Henry Kapoko and others are very junior people but the donors and all of us concerned about corruption would like to deal with the big guns in government not small, little flies.”
Sata also questioned the government’s threats against Sky FM in Monze.
“The same government is threatening to close Sky FM for reporting chief Mwanachingwala’s threat to burn sugar cane of Zambia Sugar Company and the sugar cane is burnt. The donor community is saying, ‘sorry you can’t use our taxpayers’ money for your aimless and unproductive trips’,” Sata said.
He also wondered why MMD Lusaka Province chairperson William Banda had not been cited for contempt of court for not appearing in court last week.
“William Banda was supposed to go to the local court but he didn’t go and the same day, he was threatening PF, UPND and The Post. But if it was PF Munali legislator Mumbi Phiri who did not go to court, she would have been detained in custody for contempt of court but because it’s William Banda and is acting on behalf of Rupiah Banda, he William Banda becomes untouchable. It’s not fair,” said Sata. “I was in custody myself for 40 days and there were people in prison who were serving seven years sentence for wounding an animal in the bush. Just wounding an animal, someone is arrested by ZAWA Zambia Wildlife Authority and they languished in prison but here this Dr Musonda, who attempted to murder someone, they say it’s an assault, grievously bodily harm. We are in big trouble.”
Labels: FOOTBALL, RUPIAH BANDA, SATA, SOLOMON MUSONDA
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Rupiah has sneaked out to watch Brazil – Sata
By Chibaula Silwamba and Namatama Mundia
Mon 21 June 2010, 13:01 CAT
PATRIOTIC Front (PF) leader Michael Sata yesterday charged that President Rupiah Banda sneaked out to South Africa to watch the Brazil-Côte d'Ivoire football match because he does not want Zambians to know that he is wasting their money on aimless and unproductive trips.
And
Vice-President George Kunda, who is
also justice minister, yesterday left for Serenje district, where the case involving former health deputy minister Dr Solomon Musonda will be heard next week in the magistrate’s court.
In an interview, Sata challenged anyone in government to refute his statement that President Banda was in South Africa yesterday to watch football at the ongoing FIFA 2010 World Cup tournament and later undergo a knee medical checkup before proceeding to Namibia for a state visit.
“The President has been feeling the impact of our complaints for his aimless and unproductive travels hence he is now hiding when going out of the country. Today (yesterday) he is going to South Africa for specific purpose of watching Brazil versus Côte d'Ivoire. Then tomorrow today he will fly to Cape Town for his medical attention to his knee and from there he will go to Namibia for a state visit and he will come back on Saturday,” Sata said.
“He is sneaking out so that people don’t know that he is wasting our money, taxpayers’ money. Let somebody deny that he is going to South Africa to watch this last evening Brazil- Côte d'Ivoire game.”
The Zambian High Commissioner to Namibia Marvis Muyunda on Saturday said President Banda would this week be in Namibia for a state visit.
And yesterday, journalists – both from state and private media - were blocked from covering President Banda on his departure at Lusaka International Airport.
President Banda’s plane took off from the airport around 10.20 hours and sources confirmed that the President would stop over in South Africa for a medical review before proceeding to Namibia.
The sources said President Banda would be in Namibia from today, June 21, to June 25, 2010.
Security personnel at the Lusaka International Airport blocked a group of journalists from the private and the public media that went to cover President Banda’s departure.
The security personnel claimed that the journalists were late and that they would only be allowed access to the airport apron after the President’s plane had left.
However, despite the presidential challenger aircraft taking off, the security personnel still denied the journalists entry and they were referred to the protocol officers inside the VIP departure lounge where the journalists were again denied entry.
After President Banda left, Vice-President George Kunda was also in the process of leaving Lusaka International Airport for Serenje district aboard a helicopter.
The journalists were again denied access to Vice-President Kunda on grounds that they had not been screened by security officers.
Sources said the Zambia News and Information Services (ZANIS), which sent a camera crew to Namibia ahead of President Banda’s state visit, had been aware of President Banda’s trip to Namibia and Vice-President Kunda’s trip to Serenje but that they did not inform the other media houses because they had been ordered not to.
The sources said President Banda and Vice-President Kunda did not want any media coverage during their departure.
The police officers then informed the media personnel that since Vice-President Kunda and the government officials that went to see off President Banda had left Lusaka International Airport, it would not be possible for them to get any interviews. Thereafter, journalists left the airport.
And Sata accused President Banda of abusing money from Zambian taxpayers and donors. He said the decision by The Global Fund to fight AIDS, Tuberculosis and Malaria to suspend funding to the Zambian health sector through the Ministry of Health was proof that donors had lost confidence in President Banda’s government.
“Donor funds are taxpayers’ money from other countries and it is supposed to go to the projects it is intended for but it must not go into leaders’ pockets. They government officials have been misusing this money. They can’t downplay the suspension of The Global Fund’s aid to the Ministry of Health because they are playing double standards,” Sata said. “The donor community lost confidence in the Banda government a long time ago. This is not the first time the donor community is reacting. You remember, as soon as Banda came into office, the donor community reacted, which forced Rupiah Banda to take whatever measures he took but the measures he took are not enough because the people, for example in the Ministry of Health, Henry Kapoko and others are very junior people but the donors and all of us concerned about corruption would like to deal with the big guns in government not small, little flies.”
Sata also questioned the government’s threats against Sky FM in Monze.
“The same government is threatening to close Sky FM for reporting chief Mwanachingwala’s threat to burn sugar cane of Zambia Sugar Company and the sugar cane is burnt. The donor community is saying, ‘sorry you can’t use our taxpayers’ money for your aimless and unproductive trips’,” Sata said.
He also wondered why MMD Lusaka Province chairperson William Banda had not been cited for contempt of court for not appearing in court last week.
“William Banda was supposed to go to the local court but he didn’t go and the same day, he was threatening PF, UPND and The Post. But if it was PF Munali legislator Mumbi Phiri who did not go to court, she would have been detained in custody for contempt of court but because it’s William Banda and is acting on behalf of Rupiah Banda, he William Banda becomes untouchable. It’s not fair,” said Sata. “I was in custody myself for 40 days and there were people in prison who were serving seven years sentence for wounding an animal in the bush. Just wounding an animal, someone is arrested by ZAWA Zambia Wildlife Authority and they languished in prison but here this Dr Musonda, who attempted to murder someone, they say it’s an assault, grievously bodily harm. We are in big trouble.”
Labels: GEORGE KUNDA, RUPIAH BANDA, SATA, SOLOMON MUSONDA
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Rupiah handled Dr Musonda’s case poorly, observes TIZ
By Chibaula Silwamba
Mon 21 June 2010, 04:00 CAT
PRESIDENT Rupiah Banda handled Dr Solomon Musonda’s case poorly, Transparency International Zambia (TIZ) has charged. And TIZ executive director Goodwell Lungu has warned that Police are pushing Zambians to start taking the law in their own hands.
Commenting on the manner President Banda handled former health deputy minister, Dr Musonda’s alleged attempted murder case, Lungu expressed concern at the head of state’s sympathy for the alleged aggressor without empathy for the victim, Jackson Musaka, whom the deputy minister shot and wounded.
“The President handled this matter quite poorly in that he should have acted quite quickly and earlier. When we focus on his action, as Transparency International Zambia, we commend him that his action to fire Dr Musonda was quite good although it was late,” Lungu said.
“One critical thing that has come out of this case is that the law is very selective in Zambia and that the current government has two types of legal systems – one legal system is for the poor and those who are perceived not to be in agreement with the current government and this can ably be demonstrated by a number of facts.
“One fact is that, for instance, the President, his first comment when asked about Dr Musonda was that of trying to sympathise with the person who was suspected to have done a wrong, he did not sympathise in any way with the person who was shot, who was in pain, a citizen.”
He said TIZ noted that President Banda’s approach on this matter was not inspiring.
Lungu further said the Zambia Police Service took long to arrest Dr Musonda.
“In law, the offence that Dr Musonda did was a cognisable offence and a cognisable offence they did not need the authority of the DPP Director of Public Prosecution to arrest and even the excuse that they used that they could not effect an arrest because they did not have the medical report. That is not true,” Lungu said.
“The police should be professional enough not to start hoodwinking members of the public. As they were peddling that particular issue, on the other hand, the Minister of Home Affairs was giving a completely different reason. The Minister of Home Affairs was saying the delay of the arrest was as a result of the DPP not being in the country.”
He said the police must have acted professionally.
“A cognisable, if you see somebody and there is sufficient evidence that something has been done, you don’t even need to wait for the DPP or a medical report,” Lungu said.
“I want to emphasise that the way the police are conducting themselves, I think, they are pushing Zambians to start taking the law in their own hands because there is no way that all these crimes that are taking place that they will continue advancing this same excuse of saying the medical report is not yet in our hands. How many cases are they going to subject to that kind of issue?”
He said TIZ and other civil society organisations’ criticism of President Banda did not mean they hate him.
“One recommendation we want to make to the current President is that when we provide this type of criticism, we don’t hate the Republican President. It’s constructive criticism. Our main concern is that he should be able to handle these national issues in the public interest not in private interest,” said Lungu.
“If he continues on the path of mishandling these issues, we will continue to provide constructive criticism so that can handle public issues in the public interest and not in private interest.”
Dr Musonda was arrested on Thursday night and slapped with a charge of causing grievous harm with intent to maim, disfigure or disable contrary to section 224 subsection (A) of the penal code.
If convicted, Dr Musonda risks maximum life imprisonment.
Meanwhile, Law Association of Zambia (LAZ) president Stephen Lungu said it was up to police and other authorities to determine how best the charges can be framed, depending on the levels of evidence available.
On the delay to arrest and commence prosecution of Dr Musonda, Lungu said it was true that the DPP was out of the country.
“One of the things that we were doing during this particular period on our part was consulting with the appropriate authorities about what was going on. We do know that the DPP was out of the country. The DPP only came in late last week,” said Stephen Lungu.
Labels: GOODWELL LUNGU, RUPIAH BANDA, SOLOMON MUSONDA, TIZ
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COMMENT - " causing harm with intent to maim, disfigure or disable " or
kill, which is the anticipated consequence of shooting someone in the head. I can understand it when there is not enough evidence to bring a stronger charge, like when intent is unclear and there are mitigating circumstances. Let's just hope that that's the case, and the law is not going easier on dr. Musonda because he is a member of the government.
Dr. Musonda’s charge too lenient says PF
Saturday, June 19, 2010, 8:30
The Patriotic Front (PF) has expressed disappointment at the Director of Public Prosecutions DPP’s decision to slap former Deputy Health Minister Dr Solomon Musonda with a lesser charge of
causing harm with intent to maim, disfigure or disable instead of charging him with attempted murder.
PF National Youth Chairman Eric Chanda said the charge slapped on Dr Musonda is tantamount to assault. Mr Chanda told QFM in an interview that the party is disappointed with the way the DPP is handling the case.
He said the offence committed by Dr Musonda is serious and that he deserves a serious charge.
Mr Chanda has since called on the DPP to consider slapping Dr Musonda with a stiffer charge and not the charge of causing grievous harm with intent to maim, disfigure or disable.
Dr Musonda shot and wounded Jackson Musaka a resident of Chitambo in Serenje district.
[ QFM ]
Labels: MURDER, SOLOMON MUSONDA
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Dr Musonda deserved attempted murder charge - Sata
By George Chellah
Sat 19 June 2010, 04:00 CAT
Dr Solomon Musonda with his lawyers at the Lusaka magistrate courts yesterday
Labels: MURDER, SATA, SOLOMON MUSONDA
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Dr Musonda’s prosecution: they have simply run out of sensible options
By Editor
Fri 18 June 2010, 04:00 CAT
Finally Rupiah Banda has run out of ideas or schemes on how to continue protecting Dr Solomon Musonda from prosecution. They have tried very hard to ensure that Dr Musonda is not arrested and prosecuted over this matter despite increasing public pressure.
Rupiah’s reluctance to have Dr Musonda prosecuted is understandable. If Dr Musonda is arrested and prosecuted, he may be denied bail and be forced to stay away from parliament long enough to force a parliamentary by-election. And a successful prosecution of Dr Musonda will certainly result in a parliamentary by-election. We don’t think Rupiah and the MMD are ready for that. Although they won the last by-election in this constituency, they know very well that it will not be easy for them to win another one because the political terrain is changing very fast and in a manner that is not favourable to them.
But there was a limit to how far they could go in protecting Dr Musonda. There are many legal complications in what they were trying to do because there are alternative ways of seeking redress from Dr Musonda. The decision by Dr Musonda’s victim, Jackson Musaka, to demand K500 million compensation and if this is not paid to commence civil action in the High Court must have forced them to do what they did yesterday – drop Dr Musonda from government and allow the Director of Public Prosecutions to prosecute him. What the Director of Public Prosecutions is doing is not in conflict with their wishes; he is simply implementing the option they have chosen. This Director of Public Prosecutions, Chalwe Mchenga, doesn’t do that which this government doesn’t want him to do. He simply fulfils their wishes. If they want him to enter a nolle prosequi in favour of anyone, he will do so and he has done so before. The Kashiwa Bulaya case is a good example of this.
And if those in power don’t want him to prosecute anyone or want him to withdraw an appeal or any action against those they favour, Mchenga will not hesitate to do so. The corruption case against Frederick Chiluba is a clear example of what we are talking about.
Some may erroneously think Rupiah has for the first time succumbed to public pressure. Rupiah has no respect for public pressure; he doesn’t care about the feelings of the people. Rupiah’s decision to drop Dr Musonda and have him prosecuted has very little, if not nothing, to do with public pressure. It has everything to do with being outmanoeuvred by those assisting the victim. Rupiah has simply been outmanoeuvred.
But this is not the end of Dr Musonda politically or this matter. Opportunities will be created for Dr Musonda to get away with crime. One cannot expect the police or the Director of Public Prosecutions to prosecute this matter in a manner that will have Dr Musonda convicted. At every turn, opportunities will be created for Dr Musonda to escape conviction.
And the argument by Mkhondo Lungu, Rupiah’s newly appointed UNIP Minister of Home Affairs, that Dr Musonda’s case has taken long because the Director of Public Prosecutions was out of the country at the time the shooting incident occurred, does not make sense. If this was the way every shooting incident in this country was handled, very few people would be arrested and many criminals would have enough time to flee. The usual way is that when such a crime is committed, the person behind it is arrested and taken to court awaiting instructions on how to proceed or not to proceed from the Director of Public Prosecutions. We are very sure that if it was an opposition politician who had done that, there would have been no issue of having to wait for the Director of Public Prosecutions to come back from abroad for him to be arrested. They would have instantly arrested him, and without any police being extended. And he would have been taken to court where he would have been denied bail and would be in prison pending instructions on the matter from the Director of Public Prosecutions.
If anyone had doubts on how discriminatory and unprofessional the police is being run, this case of Dr Musonda should help remove that doubt. It’s very clear that there is no right to equality before the law, or equal protection of the law, in this country. What matters is one’s political affiliation. If you an ally of those in power, you are treated more favourably and effort is made in every possible way to help you escape justice. If you are not an ally of those in power, you will always be subjected to instant justice by the law-enforcement agencies. If you commit a crime, you will there and then be arrested and accordingly prosecuted with all the odds weighed against you.
We are not in any way saying that the state can guarantee that life will treat everyone equally. It actually has no responsibility to do so. However, under no circumstances should those in control of the state impose additional inequalities; they should be required to deal evenly and equally with all citizens regardless of their political affiliations. No one is above the law.
No one in the police can today claim that they did not fully know what Dr Musoda had done. They are actually not claiming that because they know very well what Dr Musonda had done. This is why the Minister of Home Affairs is saying that Dr Musonda was not arrested because the police were still investigating the shooting incidence. What Lungu is saying is effectively that the investigations were completed a long time ago but the Director of Public Prosecutions was out of the country for the judicial process to commence against Dr Musonda. This shows us how those who administer our criminal justice system hold the power with the potential for abuse and tyranny. In the name of the state, they can arrest on trumped-up and dubious charges citizens those in power do not like. And in the name of the state and using all sorts of highly questionable arguments and sometimes outright corruption, they can exempt the friends of those in power from prosecution. No serious nation, no honest people can tolerate such abuses.
The state must have the power to maintain law and order and punish criminal acts, but the rules and procedures by which the state enforces its laws must be public and explicit, not secret, arbitrary or subject to political manipulation by those in power.
There is no credit or praise that Rupiah deserves for dropping Dr Musonda from his government and for allowing him to be prosecuted. The truth is he was not interested in Dr Musonda being prosecuted. Rupiah publicly stated that he felt sorry for Dr Musonda while not attempting in any small way to show sympathy for the victim. When did the change of heart occur on Rupiah’s part? Rupiah still feels sorry for Dr Musonda and will do everything possible to ensure that he gets away with it. We will not be surprised to find that Dr Musonda’s matter moves very quickly in our courts and is found with no case to answer or is totally acquitted of the crime. It will also not surprise us if tomorrow we wake up to find that Mchenga has been instructed to extend a nolle prosequi in favour of Dr Musonda. It is highly likely that this case will go nowhere. They will do something to rescue Dr Musonda and ensure that Musaka and the people do not receive justice. For now, they have to let the judicial process appear to be taking its course in the matter when in actual fact it is not taking its course but is being directed by the forces in power.
Labels: CHALWE MCHENGA, JACKSON MUSAKA, MMD, MURDER, RUPIAH BANDA, SATA, SOLOMON MUSONDA
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Pressure has forced Rupiah to fire DR Musonda - Sata
By George Chellah and Moses Kuwema
Fri 18 June 2010, 04:02 CAT
PATRIOTIC Front (PF) leader Michael Sata yesterday said public pressure has forced President Rupiah Banda to fire health deputy minister Dr Solomon Musonda for shooting a PF cadre.
Reacting to President Banda’s decision to dismiss Dr Musonda for shooting Jackson Musaka in the head two weeks ago in Serenje, Sata welcomed the President’s decision.
“Rupiah has done a good thing. But I must say congratulations to the Zambian people because without them, Rupiah would not have conceded. This is what public pressure can do. Without public pressure, Musonda would have had a field day. He would still be walking our streets as a free man,” Sata said.
“We solicited for support to hype the pressure on Rupiah from so many people, including some of Rupiah’s own supporters who wanted justice to prevail. Rupiah just couldn’t stand the pressure from the people. That’s why he had to take this route. The public pressure was just too much for him to ignore. If there wasn’t enough public pressure, Musonda would not have been fired.
“Do you remember what Rupiah said when he was asked about the shooting? Rupiah sympathised with Musonda and not the victim. He further suggested that there was a reason why Musonda shot that innocent boy. That confirms my argument that Rupiah wasn’t willing to act in the manner he has done. But the pressure compelled him to do so and Rupiah is currently faced with so many problems and he didn’t want Musonda to be another problem for him.”
Sata said PF would closely be monitoring the events that would follow Dr Musonda’s dismissal.
“I must say that The Post really played a major role in ensuring that injustice is exposed. Now that Musonda is fired, we are waiting for the police to do their part as well,” Sata said.
“It’s up to the police to do their job professionally and independently because we know that before things got to this extent, Rupiah was sending them to Serenje to go and destroy evidence. But their evil ways have failed to deliver. We can only hope that justice will prevail in this matter up to the end.”
President Banda yesterday fired Dr Musonda for shooting Musaka in Chitambo Constituency.
According to a statement issued yesterday by State House special assistant for press and public relations Dickson Jere, President Banda relieved Dr Musonda of his duties as deputy minister of health with immediate effect.
“The President Banda said he has decided to relieve Hon Musonda of his duties after receiving a report indicating that the Director of Public Prosecution has recommended for the prosecution of the deputy minister following a shooting incident in his constituency,” he stated.
“President Banda said he wanted Hon Musonda to concentrate on his case. The President said he also wanted the judicial process to take its course in the matter.”
And home affairs minister Mkhondo Lungu said Dr Musonda’s case had taken long because the Director of Public Prosecution was out of the country the time the shooting incident occurred.
“We always want the law to take its course so there are processes that need to be followed. The DPP was out of the country a few days after the incident occurred so now that he is around we have to wait for him to advise us on the next course of action,” Lungu said.
On gender and development deputy minister Lucy Changwe’s case where she bounced a cheque amounting to K10 million in a property purchase transaction, Lungu said the law would have to take its course.
“It’s a new thing that has just happened because I have just read about it today yesterday but the law will have to take its course…we always want the law to take its course but in the meantime we have to follow the procedure,” said Lungu.
Meanwhile, President Banda has returned former science and technology minister Gabriel Namulambe as mines deputy minister. President Banda fired Namulambe a few months ago for defending late president Levy Mwanawasa’s legacy.
Labels: MMD, MURDER, RUPIAH BANDA, SATA, SOLOMON MUSONDA
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Rupiah finally gives Dr Musonda the boot
By George Chellah and Moses Kuwema
Thu 17 June 2010, 14:20 CAT
PRESIDENT Rupiah Banda has fired health deputy minister Dr Solomon Musonda for allegedly shooting a PF cadre, Jackson Musaka in Chitambo constituency. And home affairs minister Mukondo Lungu has said Dr Musonda’s case has taken long because the Director of Public Prosecutions (DPP) was out of the country.
According to a statement by State House special assistant for press and public relations Dickson Jere, President Banda has relieved Dr Musonda of his duties as deputy minister of health with immediate effect.
“The President Banda said he has decided to relieve Hon Musonda of his duties after receiving a report indicating that the Director of Public Prosecution has recommended for the prosecution of the deputy minister following a shooting incident in his constituency,” he stated.
“President Banda said he wanted Hon Musonda to concentrate on his case. The President said he also wanted the judicial process to take its course in the matter.”
And Lungu said the case of Dr Musonda has taken long because the Director of Public Prosecution was out of the country the time the shooting incident occurred.
“We always want the law to take its course so there are processes that need to be followed, the DPP Director of Public Prosecution was out of the country a few days after the incident occurred so now that he is around we have to wait for him to advise us on the next course of action,” Lungu said.
On gender and development deputy minister Lucy Changwe’s case where she bounced a cheque amounting to K10 million in a property purchase transaction, Lungu said the law will have to take its course.
“It’s a new thing that has just happened because I have just read about it today yesterday but the law will have to take its course…we always want the law to take its course but in the meantime we have to follow the procedure,” said Lungu.
Meanwhile, President Banda has returned former science and technology minister Gabriel Namulambe as mines deputy minister. President Banda fired Namulambe a few months ago.
Labels: MMD, MURDER, RUPIAH BANDA, SOLOMON MUSONDA
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5 youth organisations demand Dr Musonda’s resignation
By Chibaula Silwamba
Tue 15 June 2010, 07:50 CAT
Youth movements leaders protesting at The Post newspapers officers in Lusaka yesterday demanding the arrest of health deputy minister Dr. Solomon Musonda and the removal of Inspector General of Police Francis Kabonde
FIVE youth’s organisations have demanded the resignation of health deputy minister Dr Solomon Musonda within 48 hours, for shooting and wounding a Serenje youth, failure to which they will hold countrywide demonstrations to force him out of office.
In a joint press statement issued in Lusaka yesterday by Operation Young Vote president Guess Nyirenda, Forum for Youth Organisations of Zambia president Beck Banda, Global Justice Zambia executive director Rodney Katongo, Development Partnership International media and strategy coordinator Richard Musauka and Youth Constitutional Coordinating Committee co-ordinator Mulenga Fube, the youths demanded the arrest of Dr Musonda.
“As the youth movement we are convinced beyond any reasonable doubt that Dr Solomon Musonda, the deputy minister of health has caused injury to the moral fibre of society by shooting a defenceless young person. This act of shooting Zambians at will and with impunity shall not be tolerated by the youth movement,” the youths stated.
“It is unfortunate that despite the cries of Zambians, Dr Solomon Musonda’s conscience seem unshaken. It is even more disturbing that the person in question has taken a Hippocratic Oath under the medical profession, worse still is a deputy minister in the pro-life ministry. We categorically state that we despise ‘gun culture and justice for sale’.”
They noted that it seemed that Zambia now had two kinds of laws - one for those closer to the ruling class and the other for the vulnerable citizenry.
“We demand that Dr Musonda resigns within 48 hours based on both moral and professional reasons. If he does not resign within the ultimatum given, we shall mobilise a peaceful but mass nationwide youth demonstration to have him out of office.
We would like to refer to what has happened before in one of Africa’s countries,” they stated. “In January 1994, honourable Joseph Sebarenzi resigned as speaker of the Rwandan Parliament on accusations that he had abused his office.
On February 18, 1994, Celestin Rwihgena, Prime Minister resigned on allegations that he was involved in division of public resources meant to build two schools. On 22nd March, 1994, State President Pasteur Bizimungu resigned after walking on angry speech accusing MPs of creating obstacles for the government.”
They urged Dr Musonda to emulate other African leaders that had committed offences and resigned.
“If these people held public office and resigned on allegations and accusations, we find it necessary for Dr Musonda to also resign. We believe Dr Musonda’s issue is political but a moral and life matter, primarily.
The youth movement is more saddened especially to our generation and shot another youth. We call on different stakeholders to come together and arrest the emerging trend of politically related violence especially that we are going into an election year,” they stated.
They urged young people from all walks of life to guard against the culture of violence by refusing to be used by any political player in disturbing the peace the nation has been enjoying.
“We, the youth movement, are promising that any person or group of persons causing injury and intimidating the youth who are suppose to be preparing for voter registration, whether from the opposition or ruling class, shall be met with serious force which no one will manage the counter,” they stated. “We have been preparing and we are now ready to champion the new order in this great nation.”
A fortnight ago, Dr Musonda, who is also Chitambo member of parliament in Serenje district, shot and wounded opposition Patriotic Front cadre Jackson Musaka, 25.
Several people have demanded the resignation of Dr Musonda while others demanded that President Rupiah Banda fires him.
But President Banda has shielded Dr Musonda, saying he was sorry for the deputy minister because he is a professional and there must be a reason that led to his shooting Musaka and that reason would soon be known.
“I am very sorry also for him Dr Musonda. This matter again as you know it’s in the hands of the police and the DPP Director of Public Prosecution. I have really nothing to say about it. I am of course very sorry for him. He is a professional; it’s a pity that this has happened to him but there must be a reason, we shall know about it soon,” said President Banda last Thursday.
Asked if he would discipline Dr Musonda, President Banda responded: “No! No! I think you are going too fast, why can’t we wait until everything is clear.”Meanwhile, Nyirenda, Banda, Katongo, Musauka and Mulenga Fube, on behalf of their respective organisations, yesterday visited Post editor-in-chief Fred M’membe to offer their solidarity to him.
Labels: MURDER, SOLOMON MUSONDA, YOUTHS
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Rupiah’s shielding of Musonda baffles Sata
By George Chellah
Mon 14 June 2010, 04:00 CAT
RUPIAH Banda is a joker, Patriotic Front (PF) leader Michael Sata has said.
And Sata has called on donors to put pressure on President Banda’s administration because it is clear that the President is fascinated by violence and indiscipline.
Commenting on President Banda’s statement that there could be a reason why health deputy minister Dr Solomon Musonda shot PF cadre Jackson Musaka, Sata observed that President Banda’s careless actions were raising tension in the country.
“How can a President say that? If the President is going to allow his ministers to be gunmen, then who will protect the lives of innocent Zambians? This suspect Dr Musonda is free and busy roaming our streets dangerous as he is without the state taking action and putting him where he belongs,” Sata said.
“And the President is excited with his minister for shooting someone, what a shame! This clearly shows that our President has no respect for human life. No wonder we are having violence in every by-election because it’s sanctioned at a higher level. Under Rupiah we will start disappearing very shortly.
“If Rupiah can side with …like Solomon we don’t have any justice under Rupiah especially with this little friend of his. Governing a nation is a very serious undertaking. It can’t be left to jokers, tourists and false prophets like Rupiah. Rupiah and his MMD are jokers because if they were serious we could have seen change in the last 18 years.”
He said President Banda was creating a two-class society.
“Where those in power can murder with impunity and those that are not in power or close to the ruling elite can be murdered like cockroaches without any protection from the state. It’s like we are heading towards a situation where the state will be in the forefront of eliminating its citizens,” Sata said.
“Zambians should not expect anything from Rupiah because whilst us in the opposition have stood on the platform and promised people what we want to do, Rupiah has never stood on any platform promising people anything including protection. He is there to eat because power was just thrusted on him.”
He urged donors to put pressure on President Banda’s administration because it is clear that the President is fascinated by violence and indiscipline.
“Rupiah is more than abusing his power. Rupiah condones indiscipline and violence. He enjoys indiscipline and violence and he does not care about public opinion. So we are in for a very, very big trouble,” Sata said.
“The international community through diplomatic channels should come to the rescue of Zambians and put pressure on this government so that justice can be done because if what we are seeing continues, there will be no peace. There can never be peace where there is no justice. That’s why the international community should put pressure on this government.”
Labels: MURDER, POLITICAL VIOLENCE, RUPIAH BANDA, SATA, SOLOMON MUSONDA
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UNZASU urges Rupiah to discipline Dr Musonda
By Allan Mulenga
Sun 13 June 2010, 03:40 CAT
UNIVERSITY of Zambia Students’ Union (UNZASU) has urged President Rupiah Banda to discipline health deputy minister Dr Solomon Musonda for shooting an innocent person.
Commenting on the recent shooting of Patriotic Front (PF) cadre Jackson Musaka in Serenje, the union stated that Dr Musonda’s case would set a bad precedent on the current political scene if it were mishandled.
“UNZASU also calls upon His Excellency the Republican President Rupiah Bwezani Banda to take stiff disciplinary action on government officials as such acts are discrediting his leadership,” the union noted in a statement signed by secretary general Otis Matongo and publicity and information secretary Mutinta Lunda.
The union asked Dr Musonda to resign on moral grounds to allow the law to take its course without government interference.
“Justice delayed is justice denied, therefore, Dr Musonda must resign to allow quick, free and fair investigations given his grave offence,” they stated.
The union urged Inspector General of Police Francis Kabonde not to interfere with the matter.
“It is therefore imperative that the Inspector General of Police Francis Kabonde look into this matter impartially and independently by opening an investigation into the shooting as the honorable deputy minister should not have gotten off with a mere warning,” the union stated.
Dr Musonda over a week ago shot and wounded Musaka in the head in Serenje district. Musaka was admitted to University Teaching Hospital and was discharged last week.
Police commenced investigations and recorded a warn and caution statement from Dr Musonda. They said they would wait for instructions from the Director of Public Prosecution (DPP). However, the police last week said the investigations into the shooting were still ongoing.
And upon his return from a three-day working visit to Mfuwe on Thursday, President Banda said he was sorry for Dr Musonda because he is a professional and there must be a reason that led to his shooting Musaka and that reason would soon be known.
“I am very sorry also for him Dr Musonda. This matter again as you know it’s in the hands of the police and the DPP Director of Public Prosecution. I have really nothing to say about it. I am of course very sorry for him. He is a professional; it’s a pity that this has happened to him but there must be a reason, we shall know about it soon,” President Banda said.
Asked if he would discipline Dr Musonda, President Banda responded: “No! No! I think you are going too fast, why can’t we wait until everything is clear.”
Labels: SOLOMON MUSONDA, UNZASU
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Rupiah feels sorry for Dr Musonda and not for his victim
By Editor
Sat 12 June 2010, 04:00 CAT
We are told in the Holy Bible that “kings cannot tolerate evil, because justice is what makes a government strong” (Proverbs 16:12).
What the Bible is telling us is that a wise leader should not tolerate injustice because ultimately, injustice can destroy a nation. And the Bible goes on to add: “It is not right to favour the guilty and keep the innocent from receiving justice” (Proverbs 18:5). This is something that Rupiah Banda should reflect on very carefully. The lessons that the Bible gives are very important and he ignores them at his own peril. Great empires have been brought to nothing because of leaders who believed they could run things with injustice. Where there is injustice, people are not happy and “when justice is done, good people are happy, but evil people are brought to despair” (Proverbs 21:15). This brings us to the question: why should Rupiah feel sorry for Dr Solomon Musonda over the Serenje shooting incident?
Solomon shot somebody who is still lying in hospital. Surely, one would expect a president speaking in that capacity, and not as a party cadre, to be concerned about the welfare of the person who was shot. The Bible also tells us when it gives advice to kings that “speak up for people who cannot speak for themselves. Protect the rights of all who are helpless. Speak for them and be a righteous judge. Protect the rights of the poor and needy” (Proverbs 31:8-9). This is the advice that Rupiah should be following.
It does not make sense for Rupiah to stand in public and announce his pity for Solomon yet keeping quiet about the person who was injured by Solomon. The act that Solomon did, if the police are to be believed, has led to an investigation of attempted murder. This means that the police in their judgment felt that Solomon may have intended to kill the poor chap who was shot. There is no better explanation of the intention of one who shoots a person in the head. The only intention of a person who shoots somebody in the head is to kill. It is shameful that Rupiah finds the courage to stand in public and say he feels sorry for Solomon.
There is a consistency in the way that Rupiah behaves. He has shown us that he does not stand for justice. All other considerations are more important to him, especially politics, than the rule of law. But Rupiah should not forget the advice that the Bible gives. It is justice that will make him a great leader. But injustice will bring him to ruin. Today he is President and feels safe and well-protected. But our people are recording everything he is doing, the positions he is taking on every issue. What Rupiah was saying about Musonda is his characteristic way of giving instructions to the police in public. He is showing them where his sympathies lie – they lie with Solomon and not with that boy who could have died.
This explains the shameful way in which Francis Kabonde, the Inspector General of Police, has been behaving. The poor fellow does not have the moral courage to tell his boss, Rupiah, that the things that he is requiring him to do are wrong and if we follow what the Bible is saying, evil. Rupiah is putting so much pressure on those that work for him that it seems none of them is able to tell him when he is going wrong.
This is why we have been saying that Rupiah and his minions have turned the justice system of this country into a tool for their political hegemony. Only those who are against them are going to be prosecuted or harassed by the police. The decision-making processes of the police are no longer being driven by law but by political affiliation, actual or perceived. This way of doing things is dangerous to the nation. But it is also dangerous to Rupiah because those who are close to him are going to feel that they are above the law and end up committing all sorts of crimes and doing all sorts of atrocious things. If a minister of government can shoot someone and walk free or as we saw in the case of Gastone Sichilima being photographed in a fist fight and face no discipline, what is being said to the police?
What Rupiah said about Solomon is one of the most despicable things that he has ever engaged in. A little wisdom – if a little is all he has – would have told him to shut up about Solomon and express sympathy towards that boy who was shot at.
But this is not the way that Rupiah operates. Ordinary shame and decency does not seem to stop him from doing wrong things. Once he is set on a course, he goes all the way regardless of the consequences. Rupiah is a reckless leader. We could catalogue so many things that he has been pushing since coming to power which are wrong but he persists in doing.
Everybody knows that the police are not operating independently and professionally. They are being used to fix perceived political opponents. The fact that everybody knows has not stopped Rupiah and his minions from coming up with ever-increasing silly schemes targeted at his opponents.
When it comes to procurement scandals, Rupiah is determined. He does not stop defending wrong things. Zamtel is an example. It was clearly demonstrated in our courts that this transaction was conceived in circumstances that suggest wrongdoing. But from the first day, Rupiah has always defended and championed this.
What about Rupiah’s ill-conceived mobile hospital nonsense? Against all advice, Rupiah is pushing ahead. We are left to wonder why.
Even oil procurement has continued to be used for all sorts of things. Just the other day, Rupiah’s government was announcing that they are looking for a cheaper source. The country needs cheap oil, but not through deals organised without transparency using Rupiah’s friends.
We could go on giving examples of how determined Rupiah is to do things that raise questions. We are therefore not surprised when he expresses sympathy for an aggressor. But although we are not surprised by Rupiah’s attitude, we are saddened and worried. We say this because Rupiah is the Republican President who should be representing all of us regardless of our political affiliations or lack of it. Today Rupiah appears to be only a President for his family, friends and MMD cadres and others who sing praise to him. The interests of those who do not belong to him politically or otherwise are not given protection by Rupiah. Common decency should give Rupiah restraint. But that does not seem to be the case. Rupiah is abusing the office that belongs to all the people of this country to serve personal ends. That boy who was shot at, more than Solomon, deserves Rupiah’s sympathy and protection. But so far, Rupiah has shown no interest for the plight of that boy for what can only be cheap political reasons. There is something fundamentally wrong about Rupiah’s sense of humanity. He seems to have none. If in public Rupiah can spew the kind of nonsense we heard the other day about Solomon, what is he saying in private? We would not be surprised to hear that Rupiah is praising Solomon for sorting out a PF cadre.
Our people should not be surprised about the violence that is increasing in our politics. We say this because if a president can support a person who has shot another person in public, then what hope is left? The use of firearms is the highest and worst form of violence because of the damage they can do to a human being. Firearms do not only injure a person, they kill. And they are meant for killing not for simply wounding or inflicting some pain. This is what Rupiah is tolerating. This is what Rupiah is condoning. Rupiah’s conduct explains the behaviour of people like William Banda who seem to fear no legal consequences for their actions.
It is clear that anyone who is on the side of Rupiah will have his protection when it comes to law enforcement. This is why those on the right side of Rupiah are today committing all sorts of crimes with impunity. To take a supporter of Rupiah to court for a criminal offence is an uphill battle; it is not an easy undertaking. Even private prosecution is seldom given by Rupiah’s Director of Public Prosecutions lest the cases are well-prosecuted to secure convictions. Here we have the example of that notorious MMD cadre who has been organising the harassment and beatings of journalists. Firstly, it was very difficult to simply get the police to arrest and charge him. When this was done and the Director of Public Prosecutions was asked for permission to have a private prosecutor handle the matter, he refused.
This is how our criminal justice system is being abused by Rupiah and his minions. There is need to put an end to this.
Labels: POLITICAL VIOLENCE, RUPIAH BANDA, SOLOMON MUSONDA
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Sata questions Rupiah’s protection of Musonda
By Chibaula Silwamba and George Chellah
Sat 12 June 2010, 04:01 CAT
PATRIOTIC Front (PF) leader Michael Sata yesterday questioned President Rupiah Banda’s protection of health deputy minister Dr Solomon Musonda who shot and wounded PF cadre Jackson Musaka in Serenje district recently.
Upon his return from a three-day working visit to Mfuwe on Thursday, President Banda said he was sorry for Dr Musonda because he is a professional and there must be a reason that led to his shooting Musaka and that reason would soon be known. But Sata said it was most unfortunate that President Banda could defend his murderous ministers.
“If the President, who is supposed to be the fountain of peace, starts defending his murderous ministers then there is no hope. We don’t even have any hope of justice. We don’t even have any hope of that man being arrested or anything of that nature. It’s most unfortunate,” Sata said.
“Anyway, that is the type of President we have. He has never been on the platform promising the Zambians what he intends to do. So what do you expect from him?”
He said it was unfair that President Banda was praising Dr Musonda, who attempted to murder Musaka.
“If the President is going to allow his ministers to be gunning us, then we don’t know where we are going. We cannot allow people to be gunned and especially using taxpayers’ money, taxpayers’ transport to go and shoot innocent people and being defended by our so-called President. It’s not fair,” Sata said.
“If the President of the Republic of Zambia, who is supposed to be the custodian of peace, is praising murderers then what do we expect, where are we heading to and where are we?”
He demanded that Dr Musonda be taken to court.
“President Banda is not a court. And President Banda as he is not a court let us surrender Dr Musonda to court. Let the court go and decide not Banda,” Sata said.
Sata also stated that Inspector General of police Francis Kabonde was under instruction from the government not to arrest Dr Musonda over the shooting of Musaka.
In a letter to Kabonde dated June 10, 2010, which was also copied to President Banda, home affairs minister Mkhondo Lungu, the chairperson of the Human Rights Commission, European Union leader of delegation Dr Derek Fee and the US Ambassador to Zambia, Sata expressed surprise with the manner Dr Musonda’s case had been handled.
“Re: Shooting of Jackson Musaka by Dr Solomon Musonda. The above-named was shot in the head on 1st June, 2010 by Dr Solomon Musonda who is Movement for Multi-party Democracy (MMD) member of parliament for Chitambo Constituency. Mr Musaka was transferred to the University Teaching Hospital (UTH) from Serenje District Hospital on 2nd June, 2010, where he was admitted until 10th June, 2010 when he was discharged. A copy of the medical report from the UTH is herewith enclosed for your easy reference,” Sata stated.
“It is, however, surprising that your office has to-date decided not to take any steps regarding this outrageous criminal act despite the public outcry because the suspect and perpetrator of the crime is a member of the ruling MMD and also a deputy minister in the government. For the last 10 days your office has been hiding behind the principle that the matter is still under investigation and hence the non-arrest and prosecution of Dr Musonda. The truth of the matter is that you have been instructed by those in government not to arrest Dr Musonda.”
Sata stated that the failure by Kabonde’s office to take necessary steps to prosecute Dr Musonda eroded public confidence in the police chief as an individual and the police service at large.
“This is the same government which is supposed to guarantee all the citizens and residents of this country their day-to-day safety and security irrespective of their station in life. As Patriotic Front we take the shooting of an unarmed and defenceless citizen by a minister of government as a blatant violation of human rights and promotion of a culture of impunity by those in authority. I, therefore, challenge you if you are not working under any form of instructions to prove your professionalism and independence by expediting this matter in conjunction with the Director of Public Prosecutions,” Sata stated.
But President Banda said there could be a reason why Dr Musonda shot Musaka.
“I am very sorry also for him Dr Musonda. This matter again as you know it’s in the hands of the police and the DPP Director of Public Prosecution. I have really nothing to say about it. I am of course very sorry for him. He is a professional; it’s a pity that this has happened to him but there must be a reason, we shall know about it soon,” President Banda said.
Asked if he would discipline Dr Musonda, President Banda responded: “No! No! I think you are going too fast, why can’t we wait until everything is clear.”
President Banda also said Post editor-in-chief Fred M’membe should not go and kill himself in a car and accuse him President Banda of killing him.
Reacting to M’membe’s complaint to former President Dr Kenneth Kaunda that his life is in great danger because President Banda, former president Frederick Chiluba and the latter’s friends were hunting him, President Banda said he could not do that to M’membe.
“Do I look like a man hunter? I think that, I can understand, they say in my language, ‘if somebody is in problems don’t shut his mouth’. So let him say whatever he wants to say but to tell you the truth, I think you know me well enough to know that it is far from the truth,” President Banda said.
“In any case, his current problems are not with me, but between him and the judiciary. I have not jailed him, I don’t jail anybody. He has a problem with the judiciary and the judiciary put him in and he should understand that. There is nothing personal between me and him. And he shouldn’t go and kill himself in a car because that is the last thing I will do.”
President Banda also said he was not shaken by the launch of the PF-UPND pact last weekend.
“They launched it also last year. I thought they are going to tell us who is the leader of the pact but they re-launched it. They launched it last year. We all knew about the Pact all along,” said President Banda.
“No! Do we look like shaken people? And where we have come from you could have seen the people at the airport. I think that’s politics; it’s interesting. Next year it should be very fascinating for the Zambians and those watching the Zambian situation.”
Labels: POLITICAL VIOLENCE, RUPIAH BANDA, SATA, SOLOMON MUSONDA
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