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Welcome to Justice O’ Metre, an independent tracker on high-profile cases affecting mostly politically-exposed persons in Zambia.
It scans the judicial system, and reports how government is following through with the rule of law and the administration of justice for common good.
November Review
The words ‘Consent Judgement’ made headlines in the month of November, with various stakeholders sharing different views on more compensation being awarded to ruling United Party for National Development (UPND) members who include Transport and Logistics Minister, Frank Tayali.
FRANK TAYALI VS ATTORNEY-GENERAL
The Transport Minister, Tayali and the Attorney General, Mulilo Kabesha entered into a consent judgement in which the former was awarded K450, 000 for the trauma he suffered after a police officer pointed a gun at him in 2021.
The State also agreed to pay off Tayali’s lawyers, ZS Legal Practitioners, K80, 000 costs incurred by the Minister to prosecute the matter which commenced last year.
The judgement dated November 23, 2023 was endorsed by Lusaka High Court Judge, Conceptor Zulu.
Tayali claimed he was assaulted by an “overzealous” police officer who pointed an AK47 rifle at his head when he accompanied President Hakainde Hichilema, as UPND opposition leader then, for questioning at Police force headquarters.
OBVIOUS MWALITETA AND ANOTHER VS ATTORNEY-GENERAL
Kabesha in February, this year, entered into a consent judgement with Lusaka Province UPND chairman Obvious Mwaliteta and Kafue businessman, James Sichomba, awarded K900,000 compensation each in the matter in which they sued the state for false imprisonment on charges of possession of offensive weapons.
The State would also pay off legal costs in the sum of K200,000 incurred by the duo.
In 2019, Mwaliteta and his co-accused were arrested in Kafue and prosecuted on a charge of possession of offensive weapons, among them stones, machetes, knives and wooden pick handles. However, the Lusaka Magistrate Court set them free.
Their argument was that they were wrongly arrested for being members of UPND, then in opposition party to Patriotic Front (which was the ruling party).
The plaintiffs had demanded for K300,000 for special damages, among other demands
DOUGLAS CHIBULO VS ATTORNEY-GENERAL
Seven years after she was shot dead by police officers, the State agreed to compensate the family of Chipenzi Chibulo K3.5 million for loss of life.
The parties also agreed that the State would pay K500, 000 as costs.
This is in a matter in which the victim’s father, Douglas Chibulo sued the Attorney-General in the Lusaka High Court for demanding compensation claiming his daughter’s life was cut shot due to negligence by the police who used live bullets on UPND members after cancellation of rally slated for Lusaka’s Chawama township.
MILES SAMPA VS GIVEN LUBINDA, NICKSON CHILANGWA
The matter before Judge Timonthy Katanekwa took a new twist with PF Secretary General Raphael Nakacinda seeking leave of the court to commence contempt of court proceedings against Ministry of Home Affairs and Internal Security Permanent Secretary (PS), Dickson Matembo.
Nakacinda purported Matembo intentionally and willfully, with plans to prejudice, disrespect and disturb the proceedings before High Court Judge, Katanekwa, by intimidating the Registrar of Societies, then Mhende, an action which undermined the proceedings.
This was according to a statement in support of application for committal proceedings filed in a matter in which Matero Member of Parliament, Miles Sampa, was challenging his suspension from the party.
THE PEOPLE VS CHISHIMBA KAMBWILI
PF member of the central committee, Chishimba Kambwili was last week sentenced to five months imprisonment with hard labour by the Kasama Magistrates’ Court.
Kambwili, 54, was charged with the offence of expressing hatred and ridicule of the people of Southern Province based on tribe and place of origin.
Kasama Resident Magistrate, Samson Mumba, found the former Information and Broadcasting Minister guilty after the Prosecution proved its case beyond a reasonable doubt.
Kambwili in his mitigation urged the court to put into consideration his health and also that he was a former Cabinet Minister who had diligently Zambia.
THE PEOPLE VS ADOLPHUS MUBANGA
The Lusaka Magistrates’ Court sentenced a Lusaka businessman and the country representative of CURZON Global Limited, Adolphus Mubanga, to two years imprisonment with hard labour for possession of properties suspected to be proceeds of crime.
Mubanga, who is a Nephew to politician, Geoffrey Bwalya Mwamba (GBM), between June 1 and August 30, 2021, was found in possession of four million and 50 thousand units of currency in a named bank, deemed to be proceeds of crime.
In the second count, on August 30, 2015, he allegedly possessed K980 000 held at a named bank, and on November 30, 2015, he held K525 954 in another bank, both amounts suspected to be acquired through proceeds of crime.
Principal Magistrate, Irene Wishimanga, convicted Mubanga after finding him guilty on both counts.
CURZON Global Limited, is a company where GBM allegedly expressed interest for business deals in 2011, as Defence Minister in the PF government.
Mubanga was initially jointly charged with his Uncle but was later separated from the indictment and charged independently with possession of properties deemed to be proceed of crime.
THE PEOPLE VS SEDRICK KASANDA,4 OTHERS
Espionage suspects, businessman Sedrick Kasanda and four others were last month finally granted constitutional bail by the Lusaka High Court.
Justices Charles Zulu, Ruth Chibbabbuka and Situmbeko Chocho granted the five K500,000 bail and i to surrender their passports to the High Court Registrar.
The court warned the five not to interfere with witnesses as they enjoyed temporal freedom.
This is in a matter in which Mahogany Air Chief Executive Officer, Jim Belemu, businessman Se Kasanda, Kenneth Kaunda International Airport (KKIA) Police commanding officer Robson Moonga, State Security officer Francis Mateyo and commercial pilot Patrick Kawanu linked to the gold scandal at the Airport pleaded not guilty to Espionage.
Proceedings in the matter are been held in camera.
THE PEOPLE VS MAJORY CHANDA LULEMBO, SMART MUMBA
A Lusaka couple accused of killing their 14-year-old girl maid has been committed to the High Court for trial.
Majory Chanda Lulembo and Smart Mumba aged 30 and 36 respectively , were jointly charged for the murder of Janet Chola. The said offence is alleged to have been committed between August 28 and 30, this year.
Magistrate Kaunda Sakwanda committed the duo to the High Court, as murder was not triable in the Subordinate Court.
According to a police report,the couple took Mpundu’s body to the University Teaching Hospitals Police Post to obtain the Brought In Dead -BID- certificate over her death.
However, during inspection, police suspected foul play, as the victim’s body had multiple physical injuries and immediately investigations were instituted.
The probe revealed that the couple on August 29, 2023 had a physical confrontation with the deceased.
INSTITUTE OF LAW, POLICY RESEARCH & HUMAN RIGHTS VS SPEAKER, ATTORNEY-GENERAL
The Institute of Law, Policy Research and Human Rights moved the Constitutional Court to render its interpretation on whether Leader of the Opposition in Parliament ought to be appointed or elected?
The applicant questioned whether pursuant to Article 74(2) of the constitution of Zambia (amendment) Act no.2 of 2016, a Leader of the Opposition is elected or appointed by the political party with the largest number of seats in the National Assembly itself as a political party.
In the same period under review, PF Mporokoso MP, Brian Mundubile filed a petition in the Lusaka High Court, challenging the decision of the Speaker, Nelly Mutti, to replace him with Mafinga MP, Robert Chabinga.
Mundubile’s contention was that the decision by the Speaker to appoint Chabinga as Leader of the Opposition was illegal, irrational and procedurally improper, as she acted in excess of her powers, therefore should be declared null and void.
Meanwhile, Member of Parliament for Chilubi, Mulenga Fube, commenced an action against the Speaker contesting decision to suspend 18 MPs, including 16 from the Patriotic Front (PF) and two independents, from the House for 30 days.
Fube seeks a judicial review of the Speaker’s decision, stating that it was illegal.
He also seeks a declaration that the suspension and the cessation of the 18 MPs’ salaries were procedurally improper, made in bad faith, and therefore illegal.
THE PEOPLE V
S FLETCHER MWANSA
A youth of Chimwemwe Township in Kitwe, Fletcher Mwansa appeared in the Lusaka Magistrates’ Court for allegedly insulting President Hakainde Hichilema.
Mwansa, a security guard, is charged with one count of using insulting language.
Facts are that between October 17 and 20, 2023, Mwansa who operates a Facebook account under the name Fletcher Mwansa, is alleged to have published expressions amounting to insulting language using objectionable words .
He pleaded not guilty to the offence before Lusaka Magistrate Trevor Kasanda.
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