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PUNITIVE MEDIA BILL ON HAND

By ZamChro Reporter

The Zambian government has come up with a punitive media bill. The bill which is said to be driven by Vice President and Minister of Justice George Kunda is a continued quest to punish The Post and its editor Fred M’membe. The Ministry of Justice came up with the media bill which was later sent to the ministry of Information and Broadcasting Services for scrutiny by stakeholders.

It is said that the technocrats in consultation with other stake holders made some changes to the proposed bill, which excluded some punitive measures. But last week when Vice President George Kunda was shown the bill, he was very upset that the punitive measures were removed. The sources revealed that the Vice President ordered the technocrats to prepare another bill which was to include all punitive measures within 48 hours.

A bill is now ready for presentation to the Vice President. This is after a team of technocrats went into a retreat the whole of last weekend to prepare a bill acceptable to Mr. Kunda. This bill is a hybrid of the media laws of Zimbabwe, Uganda and Kenya. It seeks to establish among other things the Media Council of Zambia as well as the Zambia Institute of Journalists. The bill will provide for the regulation of the media by the Media Council of Zambia whose members will be appointed by the Minister of Information and Broadcasting Services. It will also provide for the licensing of journalists.

According to the bill for any media outlet to employ an editor the employer must register that editor with the Media Council and the Zambia Institute of Journalists. Furthermore the registration is subject to the minister’s (Minister of Information) approval. The sources said one of the punitive measures in the bill is that any journalist contravening this media law would be liable for imprisonment for up to 3 years or a fine of K300, 000 or both for perceived violations only determined by government officials.

Kabwata Member of Parliament Given Lubinda has said that Vice President George Kunda’s evil character has now been completely exposed by his scheme to fix the media through a draconian law. He further commented that the bill had also exposed the vice presidents opposition to the fight against corruption. Lubinda said he agreed with the Media Liaison Committee in declaring George Kunda as the most hostile public officer when it comes to media freedom.

He went on to say that the only impediment to his quest to promote corruption is the media, and he was determined to fix that. Lubinda blamed President Banda for not supervising his Vice President properly and hence his being on the loose. He claimed that George Kunda was blinded by power so much that he was overrating himself unintellectually.

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By ZamChro Correspondent

Lusaka lawyer Kelvin Hang’andu has appealed to the Supreme Court against the High Court’s dismissal of his petition over the decision by the Director of Public Prosecution (DPP) not to appeal the acquittal of former Republican president Frederick Chiluba.

Mr Hang’andu also wants the Supreme Court to stay execution of the ruling until the appeal was heard by the superior court because it was of the extreme urgency and needed determination within 30 days.
He said this in his ex-parte summons for leave to appeal to the Supreme Court and for stay of execution of the ruling in Lusaka yesterday.

Last week, Lusaka High Court Judge, Gregory Phiri dismissed Mr Hang’andu’s petition because it was improperly taken to court and that its cause was speculative in nature, form and bore an unclear cause of action.

This is in a matter in which Mr Hang’andu had petitioned the High Court over DPP Chalwe Mchenga’s withdrawal of the notice of appeal filed by dissolved Taskforce prosecutor Mutembo Nchito against the acquittal of Dr Chiluba.

Mr Hang’andu stated ,although, the DPP had the authority to stop the appeal against Dr Chiluba’s acquittal, he should have consulted the attorney general before doing so.

He said in his grounds of appeal the trial court misdirected itself in dismissing the petition because the appellant had neither executive nor administrative action taken or threatened against him in relation to Dr Chiluba’s case.

“The honourable court misdirected itself in dismissing the petition, on the ground that it was improper for the appellant to have found his cause of action on the mere fact of his being a Zambian citizen,” Mr Hang’andu said.

He said he could still prove his case on a balance of probabilities since even the uncorroborated evidence of a single witness was at common law sufficient to establish a civil claim.

Mr Hang’andu said the court misdirected itself by arbitrarily barring a genuinely filed appeal on behalf of the people of Zambia against Dr Chiluba’s wrongful or unfair acquittal that was deliberately misdirected in point of law.

He said his petition was too remote to sustain a challenge under Article 28 of the Constitution of Zambia was barring the citizens from questioning the State’s conduct of the criminal prosecution.

Mr Hang’andu said the foregoing circumstances and evidence set the Government above the Constitution and the Laws of Zambia or otherwise above the rule of law.

He said alternatively and without prejudice the private chamber hearing invoked to hear what at law ought to have been a hearing in open court by notice of motion on preliminary point of law was fundamentally irregular.

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By ZamChro Correspondent

The Lusaka Magistrates Court has sentenced former Zambia Air Force (ZAF) chief paymaster Barb Nkausu to three years imprisonment with hard labour for corruption involving over K500 million. Magistrate Exhonorbit Zulu has, however, suspended the sentence for four years.

Mr Zulu convicted Nkausu last week but adjourned the case for sentencing after receiving a comprehensive report on Nkausu’s condition from a qualified medical doctor at the University Teaching Hospital.

This was after defence lawyer Val Kabonga said in mitigation that Nkausu was a patient with difficulties in walking.

“To send him to jail is to start asking prison authorities to prepare a coffin for him,” Mr Kabonga said.

Mr Zulu has also ordered Nkausu to forfeit K277million to the State on or before January 15, 2010.

He said if Nkausu defaults, a warrant of distress will be issued to seize his property equivalent to the amount.

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By ZamChro Correspondent

Governmetnt says the audited report on the US$13 million spent on prosecuting former President Frederick Chiluba will be made public soon. Meanwhile the auditing of books of accounts at the abolished Task Force on Corruption has started.

Chief Government spokesperson Ronnie Shikapwasha said in Lusaka yesterday that one of Government’s priorities is to operate in a transparent manner.

Lieutenant-General Shikapwasha said the public has the right to know how taxpayers’ money was spent during Dr Chiluba’s trial involving alleged corruption.

“The public should be patient with Government because every coin spent on Dr Chiluba’s case has been audited, and in due course, people will have access to the report”, he said.

He said people should not claim that the amount was not spent on lawyers because Government has a report on expenditure.

“Government does not speak from without and everything that transpired during the case will be availed to members of the public. If any public funds were abused, the public will be informed and culprits will be prosecuted,” Gen Shikapwasha said.

He advised those who once worked for the Task Force on Corruption to stop issuing unnecessary statements.

“Issuing careless statements by those who once worked for this institution will not take them anywhere,” Gen Shikapwasha said.

Last week, Government revealed that over US$13 million was paid as legal fees to local and foreign lawyers between 2003 and 2008 in the case involving Dr Chiluba.

Gen Shikapwasha has also revealed that auditing books of accounts at the abolished Task Force on Corruption has started.

Last month, Government abolished the Task Force on Corruption and fused it into the Anti-Corruption Commission in line with the recently launched national anti-corruption policy.

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By ZamChro Correspondent

Solicitor-General Abyudi Shonga has asked the Lusaka High Court to dismiss Lusaka lawyer Kelvin Hang’andu’s petition against the Attorney General over the State’s decision to withdraw the appeal against former President Frederick Chiluba’s acquittal.

Mr Shonga told Lusaka High Court Judge Gregory Phiri on Friday that Mr Hang’andu was not a party to Dr Chiluba’s trial and that he has failed to disclose a legally justifiable complaint for suing the government over its handling of the appeal.

He said the court must determine whether or not Mr Hang’andu has requisite locus standi (interest) in the matter and whether or not he has disclosed a cause of action.

“It is our argument that the two issues are matters of law and that they are appropriately capable of being determined without the need for a full trial.

We firmly believe that if the issues are determined in favour of the respondent (State), it will finally determine the entire cause,” Mr Shonga said.

He said it is a necessary prerequisite in any form of litigation for an applicant to satisfy the court that he has requisite locus standi to sustain proceedings in issue.

“In the absence of sufficient interest, the court shall not entertain an applicant,” Mr Shonga said.

Mr Hang’andu has petitioned the Attorney General pursuant to Article 28(1) of the republican Constitution and Rule 2 of the Protection of Fundamental Rights Rules of 1969.

Mr Justice Phiri has since reserved ruling for Friday December 4, 2009, at 14:30 hours.

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By ZamChro Correspondent

The Judiciary will constitute a panel of three High Court judges to hear the appeal case of former President Frederick Chiluba’s wife, Regina.

This is in a case where Mrs Chiluba has appealed against a three-year and six-month sentence slapped on her in March this year by chief resident magistrate Charles Kafunda.

Mr Kafunda jailed Mrs Chiluba after finding her guilty on five counts of failing to account for properties suspected or reasonably believed to have been stolen or illegally acquired.

When the matter came up for hearing of the appeal in the Lusaka High Court yesterday, Judge Evans Hamaundu informed the parties that it has been decided that the three-judge panel will hear the appeal.

Mr Justice Hamaundu said after the panel is constituted the court will inform the parties on the dates of hearing the appeal.

He adjourned the case until the panel is constituted.

Mr Kafunda convicted her on five counts but acquitted her on one count of failing to account for a motor vehicle suspected to have been unlawfully obtained, but the court also ordered the forfeiture of properties, mostly on the Copperbelt, and the Toshiba television set to the State.

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By ZamChro Correspondent

Government last week announced its decision to abolish the Task Force on Corruption.

Vice-President George Kunda said in Parliament on Thursday that Government had decided to fuse the Task Force on Corruption into the Anti-Corruption Commission (ACC) in line with the recently launched national anti-corruption policy.

“The Task Force on Corruption shall be transformed into a department of the ACC and under this policy, the ACC shall be the lead institution in the fight against corruption,” Mr Kunda said.

He said the ACC will take over all criminal cases started by the Task Force on Corruption.

Mr Kunda said the Task Force on Corruption has substantially executed its mandate and that most of the cases under its jurisdiction have either been concluded or are pending appeal in higher courts.

“In line with the national anti-corruption policy, Government shall build capacity in the ACC and create specialised departments that will deal with related crimes such as fraud, financial crimes, corruption and money laundering.

“Other cases that were being investigated and prosecuted by the Task Force on Corruption will be fused into relevant departments,” Mr Kunda said.

And Mr Kunda said during the transition period, only one private prosecutor, Mr Mutembo Nchito, who is prosecuting the remaining cases for Task Force on Corruption, will be allowed to continue with the cases under the auspices of the ACC.

“The terms of engagement for this private prosecutor shall continue to be reviewed depending on the volume of work still to be attended to,” he said.

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By ZamChro Correspondent

The State has expressed concern at the alleged lack of commitment to duty by lawyers representing former Ministry of Health acting Chief human resources officer, Henry Kapoko.

Drug Enforcement Commission (DEC) prosecutor Keith Mweemba argued that the absence of Kapoko’s lawyer Kelvin Bwalya was a sign of lack of commitment towards making progress in the case.

This is in a case before magistrate Exornobit Zulu in which Kapoko and 12 others are charged with money laundering, theft by public servant and theft involving K6.8 billion.

Mr Mweemba expressed his concern on Friday after KBF and Partners applied for an adjournment because Mr Kelvin Bwalya was unwell.

But Mr Mweemba stated that it was expensive to organise witnesses for them only to attend court and be informed that the matter is being adjourned because of the non availability of one lawyer.

He argued that Kapoko was also represented by Nicholas Chanda and that the two lawyers could have liaised instead of seeking an adjournment.

Mr Mweemba stated that Mr Bwalya could have even instructed one of the lawyers at his law firm to sit in for him instead of putting off the matter.

Magistrate Zulu took note of the concerns raised by the State and set trial date for today.

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By ZamChro Correspondent

Addressing journalists at the Law Association of Zambia (LAZ) secretariat on Tuesday, Presiednet of the Association Stephen Lungu said the association’s resolve was to closely follow the case in court.

“As council of the LAZ, we met last week and among others resolved to critically look at the case involving the former president and the government of the Republic of Zambia – the London judgment. We recognized that because the former president never enjoyed any imunity in civil matters, this matter should continue without any further delays,” Lungu said. “We know that the judge who initially presided over the matter unfortunately passed on, but we are aware that the matter has been reallocated to another judge and that at the moment the matter is before the Supreme Court. Our resolve therefore will be to closely follow the case in court and if possible consider providing another voice for the people of Zambia in the matter.”

He said LAZ had an obligation to the public to provide counsel on issues that relate to the advancement of the rule of law.

“On 17th August 2009, the subordinate court rendered a judgment which among others acquitted former president Chiluba of theft charges that had been preferred against him. This was a matter that stretched for over eight years and soon after the judgment was passed debate ensued,” Lungu said. “We read on the one hand the statements attributed to government’s position on the matter to the effect that they were happy that former president Chiluba has been acquitted, while on the other hand other members of society expressed the contrary view.

“As an association we remained quiet simply because we needed to ensure that we understood the circumstances that led to the acquittal of the former president and the only way was by reading the judgment.”

Lungu said LAZ only got a copy of the judgment on September 8, 2009, as that was the day it was ready for distribution.

“For those that attended court on the day of the judgment, they will attest that the court read out a hand written judgment and a promise was made that it would be typed and signed later. During the interim period however, we received numerous queries on what our position was on the matter but we advised that it was not possible for us to comment because we had not read the judgment and of late it was becoming apparent that people expected LAZ to have a position earlier than when we finally spoke out on the matter,” he said.

Lungu said any prudent lawyer knows that he cannot provide advice unless he has read the law.

“It is therefore disappointing to read about lawyers, some senior lawyers at bar who are supposed to be the leaders of the bar making statements that are alarming and which cannot be substantiated,” he said.

Lungu said everyone was aware of the position taken by the Director of Public Prosecutions (DPP) in the matter.

“We reiterate our view that after going through the judgment we believe that the matter is appealable. But we are always mindful of the powers conferred by the DPP by the Constitution but we have made our views very clear to him on the matter in writing,” Lungu said. “We are still pursuing the issue by looking at the relevant laws and past precedents to see if there are any ways in which this matter can be resolved. We know that the period of appealing was 14 days but we also know that under the law an application for an appeal can be entertained out of time.”

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By ZamChro Correspondent

Government has warned that it will not allow civil society organisations agitating for honking and whistling as a way of pressing Government to appeal against the acquittal of Dr Chiluba.

Chief Government spokesperson Lieutenant-General Ronnie Shikapwasha was reacting to plans by a consortium of 18 civil society organisations to embark on nationwide campaigns asking the State to appeal against the acquittal of former President Chiluba.

The organisations have adopted strategies that include honking and whistling every Friday to show support for the cause.

Lt-Gen. Shikapwasha, who is Minister of Information and Broadcasting Services, said police will be put on alert to ensure that there is law and order.

He said the courts of law should be allowed to make independent decisions.

“The judiciary should be free from interference even by those who are planning to honk and whistle,” he said.

Lt-Gen. Shikapwasha said if some people are not happy with the judgement, there is a legal process they can follow.

He said it is irresponsibility on the part of the organisations to condemn the judgement passed in Dr Chiluba’s case.

“Why didn’t they condemn the judgement in Fred M’membe’s (Post newspapers managing director) case?” he asked.

Lt-Gen. Shikapwasha said the reputation of the organisations agitating for chaos are at stake because there are laws they should follow instead of resorting to anarchy.

“Any Government cannot allow people to agitate for chaos, we want peace. In every situation, there is the other side of the coin. There are people who don’t agree with the plans by these organisations to bring chaos,” he said.

Gen. Shikapwasha said Government is open to dialogue on all matters.

“I have not heard of any of these organisations approach the Vice-President, Attorney General or even myself to request for an audience,” he said.

Gen. Shikapwasha wondered which law these organisations would use to push for an appeal when the 14 days provided for has elapsed.

“The law doesn’t allow appeal after 14 days have elapsed, so which law will they use? Are they going to change that law?” he asked.

He said the magistrate gave judgement in this case, and if the public prosecutor Mutembo Nchito did not do enough to argue the case in court, it is not for civil society to resort to chaos.

The consortium, during a press briefing on Wednesday, addressed by Caritas Zambia executive director Samuel Mulafulafu on behalf of the organisations, vowed to petition the Speaker of the National Assembly Amusaa Mwanamwambwa not to entertain Dr Chiluba’s request for restoration of his immunity.

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