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MARCH REVIEW
This month witnessed various judgements and rulings, with the sentencing of Longwe Ngosa to seven years imprisonment for assaulting her four-year-old step-son, having received a loud cheer from the public.
The People vs Batuke Imenda
Lusaka Magistrate, Nsunge Chanda, was left with no option but to dismiss the complaint against UPND Secretary-General, Batuke Imenda, accused of propagating hate speech by calling Catholic Archbishop Alick Banda, the ‘Lucifer’ of Zambia.
This is a matter commenced by Patriots for Economic Progress (PEP) party president, Sean Tembo, against Imenda.
But proceedings were cut short before Imenda could even take plea as the Director of Public Prosecutions (DPP), Gilbert Phiri, had maintained his refusal to grant the complainant consent to privately prosecute the accused.
It was alleged that on May 28, 2023, Imenda at a press briefing and in a widely circulated audio did utter that the Lusaka Archbishop Banda was the Lucifer of Zambia.
He contended that the said statement by the ruling party’s Secretary-General constituted hate speech against the Archbishop.
The DPP in his letter refused to authorize the private prosecution saying he had not seen any evidence showing that Imenda had used a computer system when he committed the alleged offence as required by Section 65 of the Cyber Security and Cyber Crimes Act No.2 of 2021 of the Laws of Zambia.
The opposition leader replied and enclosed a Flash drive with video evidence clearly to demonstrate that Imenda used a Computer System when he committed the alleged offence.
He had also informed the DPP that he had four witnesses ready to testify in court that the accused did utter hate speech and used a computer system to do so.
The DPP, however, declined to grant the consent to have the ruling party’s top man privately prosecuted.
Macpherson Chanda & two others vs ACC
Former ZamPost Master-General, Macpherson Chanda, suffered two set-backs last month in his fight for innocence and freedom.
The month began with the High Court, under the Economic and Crimes division, upholding Chanda’s two years jail long for theft by public servant involving K300,000.
Chanda was jailed together with two ZamPost directors, Best Mwaiche and Isaac Kamwimba
The Court held that Ndola Magistrate Court was on firm ground to have found them guilty of diverting Social Cash Transfer funds into a fixed deposit account for purposes of accruing interest without consent from the Ministry of Community Development.
The Superior Court, however, directed he should not pay the K335 million statutory debt ordered by the lower court, but ought to be assessed by the Deputy Registrar to ascertain the amount payable and that should be paid by ZamPost . This is because the trial magistrate did not clearly state how she arrived at the said statutory debt, adding that the accrued interest from the principal amount was maintained by Zam Post and the trio.
The trio appealed against the said judgement in the Court of Appeal.
On March 28, he suffered another set-back when the Economic and Crimes court declined to grant him and his co-accused bail pending determination of the appeal.
The application reportedly lacked merit, thus, the refusal by the court to grant the three bail.
The court observed that the applicants had failed to show to court the exceptional circumstances to grant them bail.
The panel had Judges Pixie Yangailo, Vincent Siloka and Ann Malata-Ononuju.
The People vs Longwe Ngosa
Wife of a Zambian Army officer, Longwe Ngosa, was slammed seven years simple imprisonment for assaulting her step-son using a knife and a shamboko(whip).
The 29-year-old wept in Court after Lusaka Magistrate Mutinta Mwenya found her guilty of one count of assaulting a child.
According to the boy’s testimony, Ngosa would beat the victim whenever he urinated on himself.
A medical doctor had confirmed to the court that the bruises on the boy were as a result of physical abuse and was also malnourished.
In defence, Ngosa told the court that she was a loving mother to the boy and stated that the scars on his body were as a result of bed sores.
Magistrate Mwenya found Ngosa guilty and sent her to jail for seven years.
The DPP vs Tasila Lungu
The Economic and Financial Crimes is on April 19, 2024 , expected to render judgement in a matter where the DPP is seeking forfeiture to the state of ex-president’s daughter Tasila Lungu.
The court announced the judgement date in their ruling of Tasila’s Preliminary issues. In a ruling delivered by Justice Vincent Siloka, the court dismissed preliminary Issues raised by Tasila, daughter of former President Edgar Lungu.
Among the issues which she raised was whether the DPP can sue or be sued and that since he had no legal capacity to sue, the Economic and Financial Crimes Court had no jurisdiction to hear the forefeiture proceedings.
“In conclusion we find that all the preliminary issues raised are bereft of any merit and are dismissed. Consequently and following our directive at the last hearing that if we dismiss the preliminary issue, we shall proceed to render Judgment based on the record before us as the substantive matter is unopposed,” he said.
The property in question is in Sinda district of Eastern Province and said to be valued at K8 million, suspected to have been acquired through proceeds of crime.
DPP vs Esther Lungu
Proceedings before the Economic and Financial Crimes Court in a matter where the DPP wants former first lady, Esther Lungu’s 15 flats in State Lodge , were stayed by the Court of Appeal.
Before proceedings could advance, the lower court three-member panel of Judges; Yangailo, Ian Mabbolobbolo and Vincent Siloka, received an exparte order staying the proceedings .
The former first lady raised five grounds of appeal among others, that the EFCC erred in law and in fact in failing to pronounce itself on the appellant’s notice of motion to raise objection on the contents of the Respondent’s affidavit in opposition to the said or set aside for irregularity.
The People vs Joshua Banda
Former High Court Judge, Joshua Banda, was a free man after the Lusaka Magistrates’ Court discharged him of two counts of corrupt transactions.
Banda had pleaded not guilty to the charges and when the case came up before Lusaka magistrate Idah Phiri on March 27, Anti-Corruption Commission prosecutor Virginia Tembo informed the court that instructions were issued to discharge the accused.
It was alleged in count one that the ex-adjudicator between July 1 and 31, 2020, in Lusaka, corruptly solicited for K130, 000 gratification from David Mwanza, the Under-Sheriff in the Judiciary, as an inducement in order to assist the said David Mwanza to have a favourable decision in a tribunal relating to the collection of K8, 000, 000 from Mopani Copper Mines, a private body.
In count two, it was alleged that on the said dates, Banda received a K63, 000 as gratification from Mwanza in order to assist him have a favourable decision in a tribunal relating to the collection of K8, 000, 000 from Mopani Copper Mines, a private body.
The People vs Patson Tembo & six others
At the height of reports of albino’s being killed for rituals, seven suspected people appeared before the Lusaka’Magistrates Court for for allegedly trafficking a 21-year-old female albino.
The seven are Patson Tembo, 60, Moses Banda, 25, Jackson Zulu, 44, Andrew Kabali, 37, Emmanuel Mwanza, 29, Richard Moonga, 27, and Daniel Mwanza, 38.
They are charged with two counts of trafficking. In count one, the seven are charged with conduct facilitating trafficking in persons, contrary to Section 71(b) of the Anti-Human Trafficking Act Number 11 of 2008 of the Laws of Zambia. It is alleged that on February 8, 2024, in Lusaka, they facilitated human smuggling.
In the other count, they face charges of prohibition of trafficking in persons, contrary to Section 3(1) of the Anti-Human Trafficking Act Number 11 of 2018 of the Laws of Zambia.
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