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President Edgar Lungu is eligible to stand rules Constitutional Court

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THE Constitutional Court has ruled once again that President Edgar Chagwa Lungu is eligible to stand in the forth-coming 2021 General Elections.
Making a Judgement in a case brought by UPND Katuba member of parliament Bampi Kapalasa, the Court ruled that it has already settled the issues regarding the eligibility of President Edgar Lungu in the Dan Pule and Others Vs The Attorney General, Case 2017/CCZ/004 JudgementNo. 60 of 2018.
In a case brought to determine the eligibility of President Edgar Lungu to stand as a presidential candidate in 2021, having served less than three years in his first term, the Constitutional Court determined that: ‘…the presidential tenure of office that ran from January 25, 2015 to September 13, 2016 and straddled two constitutional regimes, cannot be considered as a full term.
Bampi had petitioned the Constitutional Court to interpret Article 106(1)(3) and 106(a) and (b) amendment Act no.2 of 2016 and clarify whether or not President Edgar Lungu is eligible to contest the August 12, 2021 elections after being sworn into office twice.
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Ex-commander accuses journalist Njenje Chizu of extortion

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FORMER Zambia Army Commander Paul Mihova has denied allegations levelled against him that he led soldiers who attacked journalist Njenje Chizu’s family.

Retired Lieutenant General Mihova says the allegations against him by the Vice-President’s press aide are a fabrication and has further accused the plaintiff of trying to use the lawsuit to extort the people he has sued.

“The second defendant[Gen Mihova] denies that ‘he led a siege of the plaintiffs’ home and perpetrated an escapade of assaults and will aver at trial that nothing of that nature occurred on the material days,” Gen Mihova submits.

“The allegations a figment of the plaintiffs’ own imagination and will be out to strict proof thereof”.

In this case, Mr Chizu has sued Gen Mihova before the Lusaka High Court accusing him of ordering military officers to assault him and his family at his house.

The scribe also filed the lawsuit on behalf of his son while his wife, Chimwemwe Chizu, is the second plaintiff.

The plaintiff submitted that on November 20, 2022, Gen Mihova was driving his official cruiser and later commandeered a team of Zambia Army soldiers who led siege on his home and perpetrated an escapade of assaults and ‘batteries’.

Mr Chizu submitted that the armed soldiers illegally entered his house without any search warrant, grabbed him and led him to the bathroom in his bedroom where his wife was bathing.

He added that the soldiers interrupted his wife’s bath and ordered her out of the bathroom and asked her to lie down on the floor while naked.

Mr Chizu now wants to be given damages for trespass by the army officers and compensations for mental torture, anguish and inconvenience.

But in defence, Gen Mihova opposes that allegations levelled against him were fabricated by the plaintiffs whom he has accused of extortion.

“The allegations contained therein are falsehoods and figment of their imaginations and are within the peculiar knowledge of the plaintiffs. The plaintiffs are not in any way entitled to the reliefs sought as the same are intended to extort money from the defendants and will be put to strict proof thereof,” Gen Mihova submits.

The Attorney General Mulilo Kabesha, the first defendant in the case, had earlier submitted that the Mr Chizu is not entitled to the reliefs he is seeking because whatever acts alleged to have been done by Gen Mihova were in his personal capacity and not as an agent of the State.

(Mwebantu, Tuesday, April 23rd, 2024)

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Interpol engaged to trace Chilufya Tayali

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POLICE have engaged Interpol so that the worldwide police cooperation and crime control organisation can place ‘elusive’ Economic and Equity Party president Chilufya Tayali on red notice.

The opposition leader is wanted in different court and some magistrates have since issued bench warrants against him for endlessly missing court.

One of the allegations levelled against Tayali includes expressing or showing hatred, ridicule or contempt for persons because of race where it is alleged that on January 26, 2023, in a live broadcast on his Facebook page handle, ‘EEF President Chilufya Tayali,’ the politician uttered the words “Us Bembas are useful idiots”.

The politician denied the charge but when trial started, he later stopped attending court.

Consequently, Lusaka magistrate Mbuywana Sinvula issued a bench warrant against the accused last month, March 27.

When the case resumed for return of bench this month, April 10, arresting officer Mulife Liswaniso, told court that the search for the accused is still underway and that Interpol have since been alerted about the search for the accused.

“We are still waiting for feedback from Interpol head office in France, for the accused person to be put on red notice,” Mr Liswaniso added.

The case was adjourned to May 29, 2024, for return of bench warrant.

And in another matter involving the same accused, Lusaka magistrate Sylvia Okoh issued a bench warrant against Mr Tayali.

Magistrate Okoh issued the bench warrant after learning that the accused and his sureties were not in court.

“The sureties are also not present after being warned. May accused be brought on bench warrant returnable on April 24, 2024, and the two sureties be summoned,” a prosecutor applied as the magistrate granted the plea.

This is in a case Tayali is accused of uttering hateful remarks on Facebook targeted at Chief Mukuni of Southern Province by alleging that the traditional leader was a mastermind of a spate of gassing of people’s homes between 2019 and 2020.

Tayali’s Facebook page has been active.

10 hours ago, there was an update where the accused is urging renowned singer Yo Maps and his wife Kidist to stop abusing their social status following their decision to sue blogger and businessman Elias Musyani.

“I want to advise Kidist and the husband to stop taking advantage of their social status and money to abuse people,” part of the post reads.

(Mwebantu, Tuesday, April 23rd, 2024)

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ACC to challenge Given Lubinda’s acquittal 

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BARELY a day after Given Lubinda celebrated his acquittal in a case he was facing four counts of possession of property suspected of being crime proceeds, the State has indicated that it will appeal against the verdict rendered on Thursday.

The Anti-Corruption Commission (ACC) says it is currently studying the judgement rendered by magistrate Sanford Ngobola who sat as an Economic and Financial Crimes Court.

ACC head corporate communications Timothy Moono told a media briefing that the commission “shall appeal the court’s decision” and that “currently, we are studying the judgement”.

Mr Lubinda, a former Minister of Justice, was in March 2022, arrested by the Anti-Corruption Commission (ACC) and charged with four counts of possession of properties suspected of being proceeds of crime.

He was accused of receiving US$50,000 dollars from China Africa Cotton Limited, property reasonably suspected of being proceeds of crime and another US$100,000 dollars from Qingdao Ruichang Cotton Industrial Company Limited property reasonably suspected of being proceeds of crime.

It was also alleged that the former Kabwata lawmaker acquired properties reasonably suspected to be proceeds of crime; among them, a house at Kingsland City worth US$260,000.

It was also alleged that he was in money in his bank account domiciled at ABSA Bank amounting to US$280,000, properties are reasonably suspected to be proceeds of crime.

When taken to court, Lubinda, represented by Makebi Zulu and Advocates, denied the charges and several witness were called to testified against him.

He was last September found with a case to answer and placed on his defence at which state he gave his side of the story and called witnessed in defence, in which he denied all allegations and told the court the money in issue was a loan.

And delivering judgement, magistrate Ngobola found that the accused had received US$80,000 from the Chinese company and that money was paid towards the purchase of a house in Kingsland.

Evidence showed that investigations revealed that the accused had received suspicious accounts of US$80,000 and US$100,000.

But the magistrate found that from the evidence, the prosecution failed to prove that the money in issue was proceeds of crime and that a memorandum of understanding the State made reference to was non-existent.

This is so because the money suspected of being crime proceeds was a loan facility and have property number 22/27 as security.

“I am not satisfied that sufficient evidence was adduced in all the four counts to make the suspicion reasonable. 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,” the magistrate said.

“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,” the magistrate said as the gallery was in ululation.

(Mwebantu, Saturday, April 20th, 2024)

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