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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.
October Review
The month of October witnessed interesting happenings, with the opposition Patriotic Front (PF) party leadership tussles making the biggest headline in the media.
RAPHAEL NAKACINDA V MILES SAMPA
Secretary General, Raphael Nakacinda, commenced legal proceedings against Matero Member of Parliament Miles Sampa, asking the Lusaka High Court to declare illegal the October 24, 2023, extraordinary convention which elected the latter party president. He told the Court that Sampa was an expelled member, therefore, had no legal right to host the said convention.
Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, September 2023
Nakacinda further applied for an interim injunction to restrain Sampa from posing as party president. On October 25, he was granted the ex-parte order of interim injunction by Justice Situmbeko Chocho . But the injunction was discharged two days later based on the reason that there was a similar case before Judge Timothy Katanekwa.
BRIAN MUNDUBILE V NAKACINDA, SAMPA & 2 OTHERS
PF Mporokoso MP, Brian Mundubile , on October 29, also commenced a separate action at the Lusaka High Court questioning the legality of the extraordinary conference held by Sampa. He sued Nakacinda, Sampa and his SG, Morgan Ng’onga and the Registrar of Societies as defendants in the case.
Proceedings in the matter have, however, been stayed by Justice Chocho, pending determination of the Nakacinda case. The judge also declined the application for an injunction against Sampa. Justice Chocho stated that the facts and reliefs being sought by Mundubile were similar to those in the Nakacinda .
MICHELO CHIZOMBE V EDGAR CHAGWA LUNGU, ECZ, AG
In this matter, a youth activist, Michelo Chizombe, petitioned the Constitutional Court to declare former President Edgar Lungu, ineligible to contest future elections.
Chizombe has asked the Court to revisit its ruling by declaration that the Electoral Commission of Zambia (ECZ) contravened the Republican constitution when it accepted Lungu’s nomination papers and include him on the ballot.
He further seeks a declaration that the respondent (Lungu) is not eligible to contest a presidential election under the current Constitution as read with the now repealed 1991 Constitution (as amended).
The petitioner has asked the Court to give an interpretation as to whether section 7 and section 2 of Act no. 1 of 2016 had the effect of saving Article 35 of the 1991 Constitution (as amended) in regard to Lungu’s Presidential term between January 25, 2015 and September 13, 2016.
Chizombe who had difficulties to serve process in person to the former Head of State was granted permission by the Court to do so through an advertisement in a widely circulated new newspaper.
THE DPP
The Director of Public Prosecutions (DPP) Gilbert Phiri applied to the Economic and Financial Crimes Court for a non-conviction forfeiture to the state of the seized Jet and other properties in the gold scandal.
The bags and luggage cases seized from the Jet, contained US$5,697,700.00, 602 pieces of suspected gold, five pistols with 126 rounds of ammunition and 11 pistol magazines, a drilling machine and a Central Processing Unit (CPU).
T7-WSS Global Express (GLEX) Jet, which was detained at Kenneth Kaunda International Airport on August 13, 2023, carried four crew members and five Egyptians.
According to documentation provided by National Airports Corporation, the formalities for the ground handling services were initially initiated by IBIS Air, but were actualised by MixJet.
“That the Airspace application form completed by IBIS Air showed that they had falsely declared that the aircraft was not carrying any cargo, when in fact there was money, firearms and rounds of ammunition on the said aircraft,” he said.
The DPP believed the aircraft was tainted property and liable for forfeiture to the State, to which the interested parties are not in opposition.
JOSHUA BANDA V ATTORNEY GENERAL
Ex-High Court Judge, Joshua Banda lost a petition in which he was contesting his removal from office by President Hakainde Hichilema following recommendations from the Judicial Complaints Commission (JCC).
The Constitutional Court ruled that the President did not abrogate the Republican Constitution when he fired Banda for corrupt practices.
The Court concluded that the Petitioner, Banda, had his integrity as Judge questioned immediately he solicited for K130,000 and actually received K63,000 from a David Mwaanza, an under Sheriff, as an inducement for a favourable judgement.
“We say so because in his own evidence during trial, the Petitioner admitted receiving money from the complainant and purportedly giving it back because the complainant was extorting money from him. Furthermore, even though then JCC did not act in accord with article 144(2) and (3), the Petitioner was afforded an opportunity to be heard on the charges of corrupt practices for which he was found culpable,” read Justice Judy Mulongoti.
THE PEOPLE V KAIZER ZULU
Lumezi Independent MP, Munir Zulu was last month given 30 days within which to present former political advisor, Kaizer Zulu, to court.
In July, Magistrate Mwenya issued a bench warrant against Zulu for abscording sessions in a matter he is charged with one count of conversion not amounting to theft.
One of his surieties, Munir had in the last sittings asked for more time to find the accused. But on October 30, Magistrate Mwenya extended the bench warrant and gave a 30 days ultimatum to Munir to ensure the accused appeared before court.
THE PEOPLE V NAMWENE PHIRI
A 31-year-old Lusaka lawyer who has been battling depression was sentenced at President’s pleasure for killing her two-year-old son.
Judge Dorcus Malama ordered that the in-house counsel at Food Reserve Agency (FRA), Namwene Phiri be detained at President’s pleasure at Chainama Hills Hospital.
The order refers to the detention in prison for an indefinite length of time of persons who commit offences due to their mental problems.
Phiri, on February 15, 2022, was alleged to have killed her two-year-old son by administering a pesticide to him and later consumed the same in an attempt to commit suicide. She pleaded not guilty to the charge of murder and claimed the the baby drowned in a bathtub.
But evidence by Chief analyst at the National Food Laboratory, Hilary Chibaya, and State pathologist, Dr Luchenga Muchelenganga, confirmed that the boy died after been given pesticide.
THE PEOPLE V MUNIR ZULU
Munir Zulu appeared before the Lusaka Magistrate Court and pleaded not guilty to charge of seditious practices.
Zulu had been charged with one count of Seditious Practices contrary to Section 57 (1) (b) as read with section 60 (1) (e) of the Penal Code Chapter 87 of the Laws of Zambia
It was alleged that Zulu, on September 6, 2023, in Lusaka uttered seditious words on social media, to which he claimed to have had reliable information that:
“The President was going to dissolve parliament on Friday, September 8, 2023 after addressing parliament, and that he was going to call for early elections.”
Zulu had also been accused of inciting Zambians to prepare for campaigns because according to him, President Hichilema was dissolving parliament.
THE PEOPLE V AMOS DUBEKA
A poultry farmer of Lusaka West was jailed six years with hard labour for killing his 16-year-old pregnant niece, by cutting her throat and disposing off the body in a pit latrine.
Amos Dubeka, 33, who readily pleaded guilty to a charge of manslaughter before the Lusaka High Court killed the niece on March 7,2021.
Amos, who had been in prison since his arrest in 2021, was initially charged for the murder of Joyce Dubeka, but was reduced to manslaughter by the State.
Judge Bowa sentenced the accused to six years with hard labour.
“I have learnt about your remorsefulness and trauma knowing that you were responsible for the death of a family member. The facts make sad reading hope the sentence will give you the opportunity to reflect and give closure,” he said.
THE PEOPLE V LONGWE NGOSA
Trial in a matter in which Longwe Ngosa, 29, is charged with assault of a child commenced on October 11, before Lusaka Magistrate, Mutinta Mwenya. The victim, a four–year-old boy narrated to court how his step-mother constantly disciplined him using a hose pipe or what he referred to as a shamboko (whip).
The Court was shown the dark marks caused by the whip all over the boy’s body such as the stomach and backside.
Ngosa, a wife of a Zambia Army officer of Appolo Barracks in Lusaka, pleaded not guilty to one count of assaulting a child. The accused on unknown dates but between April 1 and July 31, 2023, assaulted her step son.
Trial continues on November 8, 2023.
THE PEOPLE V FRANCIS MUCHEMWA & OTHERS
The Lusaka Magistrates’ Court found businessman, Francis Muchemwa, alias, Commander 2, and his co-accused with a case to answer on charges of acquiring properties reasonably suspected to be proceeds of crime valued at K12 million.
Chief Resident Magistrate, Davies Chibwili, placed Muchemwa and others on their defense.
Magistrate Chibwili, however, acquitted the accused people on charges of failure to comply with the provisions of the income tax act due to insufficient evidence adduced by the prosecution.
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