President Michael Sata suspended Supreme Court Judge Musonda together with High Court judges, Charles Kajimanga and Nigel Mutuna and set up a tribunal to investigate their conduct.

Media reports last week stated that Mr Justice Musonda had, three days after his suspension, visited Mohan at Chimbokaila Prison where the latter was currently serving a two-and-half-year sentence for theft.

But Justice Minister Sebastian Zulu, in a letter to the President, which was published by the Times on Saturday 12th May 2012, said Mr Justice Musonda had visited him at his office on May 9 this year where he denied having visited Mohan.

The judge also lodged a complaint that the Director of Public Prosecutions (DPP) Mutembo Nchito had conspired with the Zambia Security Intelligence Services (ZSIS) to fabricate evidence against him to destroy him.

Mr Justice Musonda claimed he did not even know Mohan.

But Mohan alleged yesterday at the Lusaka Magistrate’s court during a snap media briefing that he recalled that Mr Justice Musonda visited him and asked him not to testify against him during the tribunal sittings.

Mohan, who said he was ready to testify before the tribunal about the alleged corruption in the Judiciary, alleged that Mr Justice Musonda could not dictate to him what he should or not say.

“It’s true that Mr Justice Musonda visited me in prison and everyone saw him. I spoke to him and I do not know why he is panicking. He came to beg me not to testify against him in the tribunal,” Mohan said.

The former Ink-Tech managing director, after appearing before deputy registrar of High Court, Chilombo Phiri where he is facing corruption charges, said that it was shameful for Mr Justice Musonda to claim not to know him.

“Today Musonda is saying he does not know me, shame. In Bemba they say “Tabatuka ng’wena amolu yali mumenshi.” No one will stop me from talking the truth about how rotten and corrupt Mr Justice Musonda is,” said Mohan.

Mohan further said that he would not comment much on Mr Justice Musonda’s visit but only say “a beggar is not a chooser.”

He said, in a statement copied to his lawyers Bonaventure Mutale SC, Likando Kalaluka and Kennedy Kaunda from Ellis and Company, that Justice Musonda and his group would not tell him what to say.

Mohan alleged that Mr Justice Musonda first went to his lawyers but after failing to achieve anything, he went to offer him a reward to keep quiet over certain matters.

He said Mr Justice Musonda should not accuse Mr Nchito and ZSIS of anything because they were not there when they allegedly engaged in corrupt activities.

Mohan was yesterday expected to give his defence in a case where he and two others are alleged to have offered K10 million to a court interpreter.

Ms Phiri yesterday set June 28, as judgment day in the matter.

In an interview with Qfm News in Lusaka today, Dr. Simutanyi observes that the two candidates seem to have the attributes that the general MMD membership is looking for.

He states that while all aspiring candidates have necessary qualifications to lead the party, the MMD needs a fearless and charismatic leader who is capable of providing checks and balances to the ruling Patriotic Front.

The political analyst adds that the former ruling party should also elect a leader who appeals to all Zambians across the country and can easily be sold to the electorate.

And Dr. Simutanyi has charged that the appointment of a tribunal by President Michael Sata to probe the alleged professional misconduct by the three suspended justices is within his constitutional powers.

He says it is only through the tribunal that the three Judges can clear their names of the allegations leveled against them.

Dr. Simutanyi has also explained that it is still possible to apply for judicial review in the matter if the outcome of the tribunal is not accepted by either party.

Ministry of Energy and Water Development Permanent Secretary, George Zulu, confirmed yesterday that the temporary closure of Indeni on Sunday was because one of the ships was delayed in docking.

Mr Zulu said the ship was supposed to dock on Sunday but that it only docked yesterday and by today pumping would resume for Indeni to continue full production.

He said even if Indeni had closed for some days, the country had enough fuel imported by Oil Marketing Companies (OMCs) and had asked management at Tazama to give it to transporters   so that it could be distributed cheaply since the Government would foot the bill for the taxes.

Mr Zulu said the Government would re-look at the issue of allowing OMCs to stock fuel to last 15 days.

He said the Zambia Public Procurement Authority (ZPPA) was expected to inform his ministry on the preferred suppliers of crude oil by yesterday.

Mr Sata said the Republican Constitution mandated them to carry out their work as members of the tribunal and that natural justice demanded that the accused should be heard.

He said at State House yesterday shortly after members of the tribunal took Oath of office that he had confidence in the team which he described as ‘upright’ in character.

“There is nothing new in what you are going to do and you should not be intimidated because the Constitution doesn’t know our tribes. The Constitution knows that you are all judges,” he said.

Those sworn-in were Judge Lovemore Chikopa from Malawi, who is the chairperson; justices Thomas Ndhlovu and Naboth Mwanza, both retired High Court judges of Zambia, and secretary of the tribunal, Chipili Katunasa.

He said currently, the Constitution facilitated for judges to head and conduct tribunal sittings and only when it would be amended to state that Supreme Court judges should be heard by retired Supreme Court judges, then that would be the practice.

“When you come and rewrite the Constitution to say you must look for former Supreme Court judges to inquire into former Supreme Court judges, then we shall do the same,” he said.

President Sata, on April 30 this year, suspended Supreme Court Judge, Philip Musonda, and two High Court judges, Charles Kajimanga and Nigel Mutuna and constituted a tribunal to investigate alleged corrupt activities in the judiciary.

The judges would remain suspended pending recommendations of the tribunal.

According to the terms of reference on Mr Justice Mutuna, the tribunal would inquire into his conduct in relation to the manner in which he presided over hearing and determination of the case of Development Bank of Zambia versus THE POST Newspaper limited, JCN Holdings limited and Mutembo Nchito.

The tribunal would specifically inquire into charges that Mr Justice Mutuna misbehaved or acted incompetently when he proceeded to hear and determine the matter without a formal order transferring the matter from Mr Justice Albert Mark Wood before whom the matter had been heard.

It is alleged that Mr Justice Mutuna misbehaved or acted incompetently when he proceeded to hear and determine the matter in total disregard of evidence available to him that clearly demonstrated that Mr Justice Wood’s independence as a judge had been interfered with in the course of proceedings relating to the matter.

Mr Justice Mutuna allegedly misbehaved or could have acted incompetently in the circumstance of the matter when he proceeded to deliver judgment in a matter in which the plaintiff had expressly indicated that it no longer intended to proceed with the matter as a result of which it filed a notice of discontinuance.

On Mr Justice Musonda and Mr Justice Kajimanga, the tribunal would inquire into their relation in the matter in which they interfered in and illegally retrieved or caused the retrieval of cases of Development Bank of Zambia versus THE POST Newspaper Limited, JCN Holdings and Mutembo Nchito and Finsbury Investment Limited versus Antonio Vetriglia and Manuela Sebastiani Vetriglia, the matter from Mr Justice Wood.

Mr Justice Musonda and Mr Justice Kajimanga allegedly misbehaved or acted incompetently when whilst acting together, they conspired to pervert the course of justice by retrieving or causing the retrieval of records relating to matters from Mr Justice Wood during the due execution of his judicial functions as judge of the High Court of Zambia.

The tribunal is expected to give recommendations to President Sata within two months or such other period as the tribunal would reasonably recommend.

And the Law Association of Zambia (LAZ) has said it expects the tribunal established to proceed expertly and expeditiously.

The association also expects the tribunal to exhibit fairness in its proceedings.

LAZ president, James Banda, said in a statement in Lusaka yesterday that LAZ was expectant that the tribunal findings would be based only on evidence to be presented before it and the law applicable to the situation.
”We, thus, urge the public not to speculate or assume any impropriety or otherwise on the part of the honourable judges who we still hold in high esteem,” he said.

Bank of Zambia Head of Public Relations Kanguya Mayondi in a statement released to QFM News says this is in accordance with Regulation 14 of the Banking and Financial services Regulations of 2003.

Mr Mayondi says the decision of the Registrar or the Bank of Zambia will remain in force unless reversed by the Registrar or by the Bank of Zambia, as the case may be, or set aside by a tribunal on appeal or by a court.

He states that the revocation of the licenses means that the three Bureaux de change have ceased to operate or conduct any bureau de business.

Mr Mayondi however, states that the revocation of the licenses does not relieve the bureaux de change of any obligations they may have incurred or assumed during the period of validity of their licenses.

Mr Justice Chikopa arrived at 20:58 hours last night aboard the late weekday South African Airways flight and was immediately ushered into the VIP lounge by protocol officers from the Ministry of Foreign Affairs and Tourism.

President Michael Sata, on April 30, this year, suspended Supreme Court Judge, Philip Musonda and two High Court judges, Charles Kajimanga and Nigel Mutuna and constituted a tribunal to investigate alleged corrupt activities in the judiciary.

They would remain suspended pending recommendations of the tribunal.

Judge Chikopa will chair the tribunal.

According to the terms and reference on Justice Mutuna, the tribunal would inquire into his conduct in relation to the manner in which he presided over hearing and determination of the case of Development Bank of Zambia (DBZ) versus Post Newspapers Limited, JCN Holdings Limited and Mutembo Nchito.

The tribunal would specifically inquire into charges that Justice Mutuna misbehaved or acted incompetently when he proceeded to hear and determine the matter without a formal order transferring the matter from Justice Albert Mark Wood before whom the matter had been heard.

It is alleged that Justice Mutuna misbehaved or acted incompetently when he proceeded to hear and determine the matter in total disregard of evidence available to him that clearly demonstrated that Justice Wood’s independence as a judge had been interfered with in the course of proceedings relating to the matter.

Justice Mutuna allegedly misbehaved or could have acted incompetently in the circumstance of the matter when he proceeded to deliver judgment in a matter in which the plaintiff had expressly indicated that it no longer intended to proceed with the matter as a result of which it filed a notice of discontinuance.

On Justice Musonda and Justice Kajimanga, the tribunal would inquire into their relation to the matter in which they allegedly interfered and illegally retrieved or caused the retrieval of cases of DBZ versus Post Newspapers Limited, JCN Holdings Limited and Mutembo Nchito, and Finsbury Investment Limited versus Antonio Ventriglia and Manuela Sebastiani Ventriglia from Justice Wood.

Justice Musonda and Justice Kajimanga allegedly misbehaved or acted incompetently when, while acting together, they conspired to pervert the course of justice by retrieving or causing the retrieval of records relating to the matters from Justice Wood during the due execution of his judicial functions as judge of the High Court of Zambia.

The tribunal is expected to give recommendations to President Sata within two months or such other period as the tribunal would reasonably recommend.

The Isuzu van, driven by 28-year-old Evans Kanyanta was carrying 48 people when the accident happened a few kilometres from Kasama around 18:00 hours on Saturday.

Northern Province Police Chief, Mary Chikwanda, said one person died on the spot while another died in Kasama General Hospital where 23 others were admitted after sustaining injuries. The driver is among the dead.

Ms Chikwanda said the Isuzu, registration number, ABM 1298, belonging to National Breweries overturned on the Kasama-Mpika Road because it was overloaded with footballers and their supporters from Kasama Boys High School.

Defence Minister, Geoffrey Mwamba, who was in Kasama, took time to visit the accident victims at the hospital and described the accident as unfortunate.

Mr Mwamba is saddened that the driver of the van was allegedly drunk and that “carelessness” led to his death.

The minister said drivers should desist from drinking while driving and overloading vehicles, adding that carrying 48 passengers in a small van was unacceptable.

Kasama General Hospital acting medical superintendent Stephan Zulu said 23 people were still admitted, seven in critical condition in the Intensive Care Unit.

TIZ President Rueben Lifuka says the fight against corruption can not just be won by just mere pronouncement as seen in the last 6 months of the patriotic front in office.

Mr. Lifuka says government needs to come up with a proper plan of action which will allow it to deal with the sources of corruption and help put in place mechanisms for oversights.

Speaking in an interview, Mr. Lifuka says TIZ is however happy with government’s will to fight corruption but states that much more can and should be done.

He says priority in the corruption fight should not only be with the prosecution of a few cases but should be demonstrated beyond investigation and prosecution.

He has accused Director of Public Prosecutions Mutembo Nchito of conspiring with the Zambia Security Intelligence Services against him.

According to a letter dated 9th May,2012 by Justice Minister Sebastian Zulu to President Sata, concerning Justice Musonda’s request for early retirement released to QFM today by State house, Justice Musonda complained that the DPP has conspired with the Intelligence to fabricate evidence against him in order to destroy him.

In his letter, Mr Zulu who met Justice Musonda at ministry of Justice explains that the suspended Judge cited the case of an article on the front page of the Daily Mail of Tuesday May 8th, 2012 entitled “Banned Judge Visits Mohan”

Judge Musonda during the meeting with the Minister denied ever visiting Lusaka Central Prison to see Mohan and further denied knowing him.

The Judge further told the Minister that they should not be surprised if he takes refugee in some Embassy such as the American Embassy for fear of his life.

He further informed Mr Zulu that he has transferred monies from his personal account to his wife’s and has written a note to his family that if he dies they should know what has led to his death.

And Judge Musonda has requested President Sata for early retirement.

In a letter dated 8th May,2012 to President Sata, Judge Musonda requested the President to consider retiring him in national interest.

He stated in the letter that he has served the Judiciary for 31 years, having joined on 13th August,1981.

He thanked President Sata for allowing him to serve the country at the high judicial office of Supreme Court Judge.

But President Sata in a statement released to QFM News by his special Assistant for Press and Public Relations George Chellah has rejected Judge Musonda’s request for early retirement, stating that he would only consider the request after the tribunal has sat.

President Sata says he has set up the tribunal as distinctly approved by the constitution of Zambia and that he will not circumvent the process.

He has further requested those interested in the matter to allow the tribunal to sit and uphold the due process of the law before resorting to wild media speculations.

President Sata says he has decided to make public Judge Musonda’s letter of request for early retirement in order to insulate the general public from lies and distortions being permeated by what he describes as some irresponsible media houses with strange agenda.

He states that his principal obligation is to be guardian of public interest and that it is therefore his duty to correct falsehoods, twists and misrepresentations of facts by certain deceitful elements and authors of disorder within political circles and beyond.

Mr Sata says his government is committed to follow the due process of the law and that no amount of sabre rattling will stop their national agenda of bringing transparency and accountability in all arms of governance.

Mr Nchito contends that there is strong evidence against Liato involving K2.1 billion which was unearthed at his farm house in November last year.

In final submissions to Lusaka magistrate Aridah Chulu, who is handling the matter, Mr Nchito said Liato should be convicted because his opting to be silent after he was found with a case to answer in the face of strong evidence against him strengthened the inference that he was guilty.

He said in terms of the international practice which was now law in Zambia, anyone found with such kind of money could not simply say ‘it is my money’ without showing how and where it was earned.

“We urge the court to find that the only inference that can be drawn is that the money is a proceed of crime,” Mr Nchito said.

Liato is charged with one count of being in possession of property suspected to be proceeds of crime contrary to Section 71 (1) of the Forfeiture of Proceeds to Crime Act No. 19 of 2010 of the Laws of Zambia.

The DPP said Liato, who is former Kaoma Central Member of Parliament, should be convicted of the crime because when he was questioned about the source of the money by the arresting officer Isaac Musonda, he failed to give a satisfactory response.

Mr Musonda had told the court that the manner in which Liato concealed the money was what led him to believe that it was from an illegal activity.

“The silence in the face of strong evidence against him strengthens the inference that he is guilty,” Mr Nchito, the lead prosecutor in the matter, said.

He said records before court showed that the prosecution had proved all the ingredients of the offence as charged beyond all reasonable doubt.

“Your Honour, from the evidence on record, it is clear that the accused was in possession of the K2.1 billion that is the issue in this case. It is also clear that he concealed the money in a suspicious fashion.

“Further from the defence’s line of cross-examination, there is no dispute as to the ownership and possession of the money,” Mr Nchito said.

It is alleged that Liato, on November 24, last year, did conceal money at his farm No. L/Mpamba 44 Mwembeshi, amounting to K2.1 billion suspected to have been proceeds of crime.

Magistrate Chulu has set May 23, 2012 as judgment day.