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Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.
OCTOBER REVIEW
This October saw Zambia’s courts take center stage with high-profile cases involving senior opposition figures and judicial dismissals.
Here is a review of the key legal battles that have drawn intense public and political attention this month.
The People v Geoffrey Bwalya Mwamba (GBM)
Former Minister of Defence Geoffrey Mwamba, known as GBM, faced a five-year custodial sentence from the Lusaka Magistrates Court for conflict of interest and money laundering.
Magistrate Stanford Ngobola ruled Mwamba guilty of dealings with Curzon Global Zambia, a company linked to his daughter, which constituted a conflict of interest.
He was also fined K50,000, with a default penalty of nine months in prison, for money laundering offenses.
The court highlighted a US$620,000 transaction that was deemed proceeds of crime.
Mwamba, who is dealing with a heart condition, applied for bail while awaiting an appeal; however, his initial application was denied.
His legal team argued for leniency, citing his health and lack of prior convictions, though Magistrate Ngobola upheld the sentences, emphasising the severity of the offences.
Moses Kalonde v Constitutional Court Judges
In another high-stakes development, three Constitutional Court judges: Mugeni Mulenga, Annie Sitali, and Palan Mulonda, were dismissed on the recommendation of the Judicial Complaints Commission (JCC).
This action followed a complaint from Lusaka resident Moses Kalonde, who accused the judges of mishandling the 2016 election petition by opposition leader, Hakainde Hichilema.
Kalonde also questioned their qualifications for the bench.
Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; September, 2024
The JCC cited ethical violations, leading President Hakainde Hichilema to terminate their appointments, a move seen as upholding judicial standards and reinforcing the importance of impartiality within Zambia’s judiciary.
The People v Munir Zulu
Munir Zulu, Lumezi’s independent Member of Parliament, was ordered to present a defense in a case involving accusations of defamation against Finance Minister, Situmbeko Musokotwane, and Infrastructure Minister, Charles Milupi.
Zulu allegedly claimed the ministers received bribes of $250,000 each, statements made in a press conference.
Lusaka Chief Resident Magistrate, Davies Chibwili, placed Zulu on defense, with the case adjourned to November 22, 2024.
The 9 PF MPs v. Attorney General
The Lusaka High Court recently ruled that Deputy Speaker Moses Moyo acted outside his authority by declaring vacant nine seats held by Patriotic Front (PF) MPs.
High Court Judge, Susan Wanjelani, deemed Moyo’s decision “irrational” and in violation of judicial process, as it interfered with pending court cases regarding the MPs’ expulsion from the PF.
The MPs argued that Moyo’s decision contravened the principle of sub judice, which prohibits interference in ongoing legal proceedings.
Judge Wanjelani’s ruling reaffirmed that such matters fall exclusively within judicial purview.
The People v. Davies Mwila
Former Patriotic Front (PF) Secretary-General Davies Mwila secured temporary freedom after the State entered a nolle prosequi in his corruption case.
Mwila faced charges of possessing suspected proceeds of crime, with allegations involving over K102 million tied to the 2021 election campaign.
Despite initial proceedings, the State’s failure to secure key witnesses led to the case’s suspension, drawing scrutiny over the prosecution’s preparation and resource allocation.
Tresford Chali v JCC and Attorney General
Constitutional lawyer, Tresford Chali, challenged the Judicial Complaints Commission’s (JCC) qualifications in recommending judicial dismissals, arguing that most JCC members lack the necessary judicial experience.
Chali, in his petition to the Constitutional Court, contends that the JCC’s October 20 report recommending the dismissal of judges was unconstitutional.
He seeks a judicial review to clarify the standards for assessing judges and set a stricter threshold for judicial qualifications.
The People v Bowman Lusambo
Bowman Lusambo, the former Kabushi MP, was convicted of causing unlawful injury by the Luanshya Magistrate Court and was subsequently arrested after being found hiding in the ceiling at his residence.
The court had issued a bench warrant for his arrest following his conviction in absentia.
Pisano was accused of unlawfully injuring and assaulting two National Democratic Congress (NDC) members, Mary Musonda and Stanley Musukwa, in Mpatamato Township, Luanshya District, Copperbelt Province, on April 11, 2019.
However, Luanshya Resident Magistrate Kalutwa Chiluba acquitted him of the assault charge.
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