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.

The UPND was previously part of the United Development Alliance (UDA) together with the United National Independence Party (UNIP) and Forum for Democracy and Development (FDD) which collapsed following their lose in the 2006 general elections.

The party then formed another alliance with the Patriotic Front to jointly challenge the MMD in in the 2011 election but the pact collapsed before the elections.

Commenting on veteran politician Vernon Mwaanga’s call on the opposition to form an alliance in order to challenge the ruling Patriotic Front in 2016, Mr. Kakoma has told Qfm News that his party has no intentions of going into a political pact with any party.

The UPND spokesperson who could however not rule out the possibility of a possible alliance in future said his party will instead work with other members of the opposition on issues of common interest.

Opposition political parties have in the recent weeks come out united in disagreeing with the government on various issues of national interest, raising speculation of a possible pact.

But past experiences of political alliances in Zambia have failed owing to the fact that parties involved fail to harmonize their ideologies.

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.

Dr. Ng’oma who is also Foundation for Democratic Process (FODEP) president has told Qfm news that submitting a list of preferred candidates to the Electoral Commission of Zambia can enable the commission to simply select the runner up in case the front runner falls out.

He said the system is progressive has it allows the minority of political parties to have a say in national affairs.

The political scientist has since downplayed concerns of accountability and allegiance being raised by various stakeholders stating that Members of Parliament will be accountable to the public once the system is adopted.

And Dr. Ng’oma has charged that the 14 days recommended in which the President-elect must be sworn is unrealistic.

He says no petition case can be concluded in two weeks and therefore calls for more time.

Many stakeholders have objected to the recommendation indicating that the winning Presidential candidate must be sworn in within 14 days, contending that the provision is not different from the provision in the current constitution which stipulates that the winner is sworn- in within 24 hours.

Their argument is that under the recommendation in the first draft constitution, the President-elect can still be sworn in within 24 hours as it falls within the recommended 14 days hence there is no difference.

The President says the role of politicians in society should be to protect and speak for the poor.

President Sata was speaking at State house this morning when he swore-in Solomon Mbuzi as Zambia’s Ambassador to France, Daisy N’gambi and Anna Mubanga as permanent secretaries in the ministry of Lands and Luapula province respectively.

The president has since advised Mr. Mbuzi not to get involved in the French politics when he gets to France but instead concentrating on working on issues that are of interest to Zambia.

And President Sata has also urged newly appointed Permanent secretary for Lands Daisy N’gambi to work towards restoring Sanity in the country’s land administration.

The President noted that Land distribution has continued to be marred with corruption and has directed the permanent secretary to ensure that Zambians benefit from land.

The head of state has observed that most of the land Gazetted as markets is owned by foreigners depriving the Zambians of their land when the law states that ownership of land should benefit the Zambians.

President Sata has also directed the new permanent secretary for Luapula province to tour all the districts and visit traditional leaders in the province in orders to find out the problems they are facing.

He said this would help the government to know how to plan the developmental programmes for that province.

The two former staff sergeants, Festus Shandulu and Namushi Ngundamai, who were based at Luena Barracks, ambushed a vehicle in 2009 which was transporting cash meant for Government workers’ salaries and shot dead Chisala Chishimba, a driver, and Chrispin Mushele, a bank teller.

The duo also got away with K958,550,000 from John Kaunda, an employee of Finance Bank.

Delivering his judgment in Lusaka, Kabwe-based High Court Judge, Freddie Sikazwe, said the bloody attack resulted in the death of two innocent people who were carrying out their duty.

Mr Justice Sikazwe said that there was, therefore, no other punishment for aggravated robbery when a weapon is used more so that the soldiers shot dead two people.

“I have no other option other than sentencing you to death by hanging until you are pronounced dead,” Mr Justice Sikazwe said.

Mr Mushele and Mr Chishimba were killed at Namusheshe area on their way from Mongu to collect money for civil servants in Kaoma.

Shandulu and Ngundamai, who were charged with two counts of murder and one count of aggravated robbery while armed with an AK47 rifle, shot dead the duo while they were in their vehicle seats.

“I have no doubt this type of robbery was organised by a band of expert armed robbers as could be seen from the way the murder and aggravated robbery was committed.

“Mr Chishimba and Mr Mushele were shot dead in cold blood and whoever killed them must have known that such an act would cause death or grievous bodily harm,” the judge said.

Mr Justice Sikazwe noted that the witnesses were reliable and as such the prosecution proved the offences against Shandulu and Ngundamai beyond reasonable doubt.

He said it was not in dispute that the money found in different situations was part of the one snatched from the cash-in-transit van.

“The AK47 rifle, GC 1674 and 30 live ammunition which were recovered in the bush where Shandulu led a team of police officers were part of the guns used to shoot the occupants of the cash-in-transit van,” Mr Justice Sikazwe said.

He said there was overwhelming evidence that the armed men who snatched the money were the same ones who murdered the two bank employees.

The Zambian Constitution under Part III on the Protection of Fundamental Rights and Freedom of the Individual allows for death penalty.

Article 12 in this section, dealing with the protection of the right to life, clause (1) states that: “No person shall be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence under the law in force in Zambia of which he has been convicted”.

The Technical Committee on Drafting Zambia’s next Constitution has upheld the death penalty.Zambia, has, however, not witnessed any hanging of convicts since 1997.

Then president, Frederick Chiluba authorised hanging of eight prisoners, the only executions he assented to during his 10 years in office.