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APRIL REVIEW
It was a lucky month for the State, who managed to score some wins, with the Director of Public Prosecutions (DPP), Gilbert Phiri, being granted the order for the Non-Conviction Based forfeiture of supposed tainted properties belonging to former President Edgar Lungu’s daughter, Chiyeso Lungu.
MICHELO CHIZOMBE V EDGAR LUNGU, ECZ, AG
Former President Edgar Lungu on April 17, appeared before the Constitutional Court in a matter in which a student unionist, Michelo Chizombe, is challenging his eligibility to contest future elections. Chizombe wanted the court to reverse its decision, in which he (Lungu) was qualified to be on the ballot paper having not served two times.
Appearing before a panel of 11 Judges, the court could not proceed to hear Lungu’s Preliminary application, asking it to dismiss the matter on grounds that the matter had already been adjudicated upon thrice and reversing the decision could compromise the court’s integrity.
The motion could not be heard because the record of motion was missing, the petition and some judges found it difficult to read due to font size issues. Thus, the matter was adjourned to June session to allow Lungu’s lawyers to correct the deficiencies.
There was, however, confusion outside court, as purported students from University of Zambia, Evelyn Hone and Levy Mwanawasa Medical University staged a protest against Lungu, wearing black T.Shirts and chanting ‘No third term! No to corruption!’
DPP v CHIYESO LUNGU
The Economic and Financial Crimes Court (EFCC) ordered the Non-Conviction Based forfeiture to the State of former President Edgar Lungu’s daughter, Chiyeso’s State Lodge properties worth about K9 million.
The forfeited properties are a division of two farms with a high-cost house, four chicken runs and three flats in Lusaka’s State Lodge area, property worth K9, 375, 438.62, said to have been purchased and developed between 2013 and 2021.
The presiding bench of Judges Vincent Siloka, Ian Mabbolobbolo and Ann Malata-Ononuju dismissed Chiyeso’s defence that she bought the properties at a cost of K3 million using money gifted to her by her parents.
The Economic and Financial Crimes’ Court stated in their judgement that they would not create a dangerous precedent where people who obtain all manner of property or assets in illegitimate ways came to court with a defence merely pointing to their father’s as the sources of money for acquisition of the property without convincing evidence.
“What is of significance in applications of this kind is that the recipient when called upon, should satisfy in Court with evidence that the property was indeed given or acquired by the benevolent father without any shadow of doubt. With an aorta of evidence by the interested party that the funds used to purchase or develop the properties were given by her parents, it would not comport with common sense and good judgement for us to hold that the subject properties are free from being tainted” said the court.
THE PEOPLE v KAIZER ZULU
The Lusaka Magistrates’ Court summoned the joint investigations team to explain the status of fugitive political advisor to former President Edgar Lungu, Kaizer Zulu, who has been on the run since May, 2023.
Magistrate Mutinta Mwenya was unsatisfied with the continued report by the security agencies of failing to execute the bench warrant, after engaging Interpol.
Magistrate Mwenya summoned the joint investigations team to appear before her on May 27, and give a detailed report on the efforts made to locate the accused.
This is in a matter in which Zulu was charged with one count of conversion not amounting to theft.
It was alleged that between November 19, 2019 and March 25, 2022, in Lusaka, he unlawfully and without claim of right, did convert to his use, a motor vehicle registration number GRZ 759.
THE PEOPLE V CHILUFYA TAYALI
The Lusaka Magistrates’ Court heard that elusive out-spoken politician, Chilufya Tayali, had been placed on the Interpol list.
Tayali, president of the Economic and Equity Party (EEP) has been absconding court sessions, resulting in Magistrate Mbuywana Sinvula issung bench warrants.
Prosecutor Mulife Liswaniso told the Court that Interpol, through the regional office in Zimbabwe had been informed about Tayali.
“We are still waiting for feedback from Interpol head office in France, for the accused person to be put on red notice. We request that a bench warrant be issued so we can also inform our counterparts, Interpol, who are handling this matter. We pray that the matter be adjourned to May 29, 2024, for return of bench warrant,” he explained.
In this case, Tayali is charged with expressing or showing hatred, ridicule or contempt for persons because of race contrary to Section 70(1) of the Penal Code Chapter 87 of the laws of Zambia.
It is alleged that the accused on January 26, 2023 in a live broadcast on his Facebook page handle, ‘EEF President Chilufya Tayali,’ uttered the words “us Bembas are useful idiots”, expressing or showing hatred, ridicule or contempt for Bemba people because of tribe and place of origin.
THE PEOPLE V GIVEN LUBINDA
Former Justice Minister, Given Lubinda, was acquitted on charges of being in possession of property suspected to be proceeds of crime.
On April 18, 2024, the Lusaka Magistrate Court acquitted Lubinda of corruption charges, noting that the prosecution had failed to meet the burden of proof.
“I find that the prosecution has failed to discharge the burden of proving the ingredients of the offence charged in all the four counts for the balance of probabilities and I find the accused not guilty in all the four counts of the offence of being in possession of property suspected of being proceeds of crime. The accused is acquitted accordingly,” Magistrate Stanford Ngobola ruled.
ALUMEN FABRICATORS V SEDRICK KASANDA
Lusaka businessman, Sedrick Kasanda, currently in detention for aggravated robbery linked to the gold scandal, was ordered by the Lusaka High Court to pay the company that worked on his Ibex Hill residential house, the outstanding debt of US$15,000.
Judge Elita Mwikisa entered judgement in favour of Alumen Fabricators after Kasanda failed to enter appearance and defence in the matter.
The company was contracted to install aluminum windows doors and glass in 2021, at a total cost of $60,000.
DPP V RE PROPERTY
Global Express T77WSS Jet, used in the Kennth Kaunda International Airport (KKIA) was returned to its owners, World Aviation Sinai International Mountains Limited and Ibis Air PTY Limited.
This was after the DPP and the owners entered into a consent order.
Egyptian Michael Botros surrendered the US$5 million from the same scandal to the state.
The parties further agreed on the other properties seized comprising of 602 pieces of brass pellets (a combination of Copper and Zinc metals, weighing 127.28 kilograms purported to have been valued at about US$7,636,800 from Zambia to Egypt.
THE PEOPLE V BEST MIYOBA
Best Miyoba, a gardener of Lusaka’s Makeni area, but originally from Gwembe district was jailed 80 months for stealing two 25 kilogramme bags of Eagles roller mealie meal from Shoprite Stores at Cosmopolitan Mall.
Lusaka Magistrate, Allan Kangwa, found Best Miyoba, 34, guilty of theft of the two bags worth K378 from Shoprite Stores.
He was admonished for pleading ignorant by claiming that it was his first time entering the chain store, so he did not know the pay points
“If I do not punish you, another person will adopt your strategy of stealing and claiming not to see the tills in Shoprite,” said the Magistrate.
THE PEOPLE V ELIAS MUSYANI
Socialite, Kidist Kifle, sued businessman Elias Musyani in the Lusaka Magistrates] Court for cyber bullying and hate speech for allegedly referring to her as a prostitute, and threatening to rape her.
Kidist, who is also wife of Zambian musician, Elton Mulenga, popularly known as Yo Maps, alleged that Musyani also threatened to abduct their infant daughter in one of his Facebook postings.
She added that the accused in one of his posts threatened her husband, Yo Maps and insulted her mother.
Musyani is facing four counts of harassment utilizing electronic means contrary to Section 69 of the Cyber Security and Cyber Crimes Act, 2021.
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