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Nchito’s withdraw from representing directors in Ultimate Insurance Court Case

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A STATE  witness has testified how he was shown four property valuation reports by the police in a case in which three Ultimate Insurance directors are charged with 15 counts of forgery, uttering false documents and theft.

And three defence lawyers – Nchima Nchito State Counsel, Jonas Zimba and Chisuwo Hamwela have withdrawn from representing the Ultimate Insurance directors after the magistrate reported them to the Law Association of Zambia (LAZ) for misconduct.

Tobias Milambo, 48, Nachi Musonda, 33, and Richard Lubemba, 31 are facing forgery, obtaining money by false pretenses, uttering false documents and theft charges.

Allegations are that the accused persons forged documents purporting to show that they had been appointed as directors at Ultimate Insurance Company Limited when in fact not.

It is further alleged that between January 1, 2018 and December 31, 2019, the accused, with intent to defraud, forged a the Valuation Report on stand 9192/35 situated along Manunga Road, Ndola.
Further allegations are that the accused persons forged the said document by purporting to show that it was genuinely issued and signed by authorised Bitrust Real Estate Innovation Solution for Investors, when in fact not.

Testifying in examination-in-chief before resident magistrate Alice Walusiku, Bitrust Real Estate principal consultant and founder, Holland Chanda Mulenga, said he was visited by police officers in October last year who showed him four property valuation reports.

He however, said the four valuation reports he was shown were a forgery as he never authored or appended his signature.

Mr Mulenga, who started his testimony by describing the procedures which his company go through before producing a valuation report, said the ones shown to him had various errors such as wrong physical office address, e-mail, it did not have an executive summary, the logo was wrong and some of his qualifications were missing.

He said the forged valuation reports showed that the offices for Bitrust Real Estate was at Nkwazi House on Chachacha Road but explained that the company last operated from there before 2016.

Mr Mulenga said his company now operates at plot 1517, Manchinchi road in Northmead.

The witness said the alleged forged reports did not indicate the name of the person who inspected the property when all the property valuation reports generated by Bitrust Real Estate have names of the inspectors.

“The signature is not mine, I never authored these documents, they never originated from our office. We don’t put valuation calculations in the report but these four documents which the police showed me bears calculations,” he said.

Mr Mulenga said the report indicated that Bitrust Real Estate was accredited to the Zambia Institute of Valuators but said such an institution has never existed in Zambia.

He said the amounts on some of the properties in the reports were devalued which should not be the case unless the property is brought down.

Mr Mulenga said the market value for Stand number 9192/35 in Ndola was K2.4 million as at January 6, 2018 while in the alleged forged report, the same property was valued at K420,000 as at May 31, 2018.

“The market value cannot drop that quickly unless you demolish the structure and leave it to the land value but when I see inside the report, they are construction details between the two reports (P7 and P8) which appears to be the same.

Therefore, it is not possible for the property to lose value like that,” he said.

Mr Mulenga said the reports where therefore, forged by the three directors, which is a crime.
But magistrate Walusiku advised him against making a conclusion because that was for the court and not a witness.

Earlier, defence lawyers Mr Nchima Nchito, Mr Zimba and Mr Hamwela, withdrew their services following magistrate Walusiku’s decision to report them to LAZ for misconduct.

When public prosecutor Mr Noah Mwanza called the case, he said the prosecution was ready to proceed with five witnesses.

Defence lawyer Osborne Ngoma then placed himself on record, saying he has been engaged as defence counsel.

Before Mwanza could call his first witness, Mr Zimba asked to address the court.

He said the defence team comprising Mr Nchito, State Counsel, himself and Mr Hamwela would no longer represent the accused persons.

“I have been representing the three accused persons in the matter and in two rulings before this court, myself, State Counsel Nchima Nchito and Chisuwo Hamwela have been reported to the Law Association of Zambia. For that reason, we ask ourselves a question as regards whether we can continue acting for the accused persons in this matter,” Mr Zimba said.

He said the three have reached an inescapable conclusion that under the circumstances, they ought not to continue representing the accused.

“For that reason, I have instructions from State Counsel and counsel Hamwela to beg leave of this court to excuse us from this matter. Mr Ngoma will continue with this matter,” Mr Zimba submitted.

In her ruling, magistrate Walusiku said: “Since it has come from the defence themselves that their conscious tells them that they should withdraw.

The court has no objection, the said lawyers are therefore, excused.”

Magistrate Walusiku on September 25, 2020 reported the three defence lawyers to the LAZ for misconduct.

This was after the defence produced a forged document showing that one of the accused, Musonda, tested positive for COVID-19.

The defence had also made several applications before different courts which magistrate Walusiku described as forum shopping and abuse of court process.

The matter comes up tomorrow for cross examination.

Lifestyle

Zimbabwean truck driver arrested by DEC for trafficking in 1.6 tones of cannabis 

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A-25 year old Zimbabwean truck driver has been arrested by the Drug Enforcement Commission (DEC) for trafficking in Cannabis which was concealed in black plastics in an improvised compartment of his vehicle.
The suspect identified as Justin Chapinduka of of Harare has also been charged with another count for attempting to bribe a DEC officer.
DEC Spokesperson Theresa Katongo said the suspect has been arrested for trafficking in 78 bags of dry loose cannabis weighing 1.6 tonnes which was concealed in black plastics found in an improvised compartment of the truck.
Katongo said the suspect abandoned his truck when he was intercepted at the Zambia National Service (ZNS) checkpoint in Luangwa on 29th November, 2020 and a man hunt was launched for his arrest.
“On 2nd December, 2020, the owner of the truck, Mike Mpinga, 34, a Zimbabwean businessman together with his truck driver who was on the run, were apprehended at Levy Mall in Lusaka, where the Zimbabwean businessman attempted to bribe a DEC officer with K30,000 for the release of his truck,” Katongo said.
She said the case involving the owner of the truck has since been handed over to the Anti-Corruption Commission for further investigations and possible prosecution while the truck driver has been charged with trafficking in 1.6 tonnes of cannabis.
She said all suspects are in Police custody and will appear in court soon.

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Lifestyle

Chongwe Lower Zambezi is open for the Festive season

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#Mwebantu Join us on the river for fun, fishing and family time this holiday season! Enjoy your festive break at Chongwe Lower Zambezi.  Choose from the Chongwe Camp, Suites or House on the banks of the Zambezi River and beautifully located in the valley. Lower Zambezi National Park is known for the variety of activities on offer, including game drives, walking safaris, canoeing safaris, boat cruises and tiger fishing.

Nestled between an imposing mountain escarpment to the north and the mighty Zambezi River to the south, the Lower Zambezi Valley boasts a variety of activities that few, if any, other destinations can offer. It has stunning scenery, peaceful riverside woodlands and abundant wildlife.

CHONGWE CAMP

Dotted along the riverbank, Chongwe Camp is set at the confluence of the Chongwe and Zambezi Rivers which wind through the forested valley, creating a haven for wildlife like lions, leopards and wild dog.  Its nine classic tents are designed to make the most of what Mother Nature provided. Each has a panoramic view along the Chongwe River, a spacious open-air bathroom, a porch with comfortable lounge chairs, and features local textiles and handcrafted furniture.

CHONGWE SUITES

Named after indigenous plants growing in the area, the Cassia and Albida Suites are nestled under ancient towering trees at the confluence of the Chongwe and Zambezi Rivers.  The one-bedroom Cassia Suite is a private suite for two, perfect for honeymooners and couples. The two-bedroom, two-bathroom Albida Suite sleeps four guests and is great for families wanting their own space or friends travelling together. Both have en-suite open air bathrooms with a clawfoot bath, a canopied lounge and dining area, a pool overlooking the river, a fire pit and a dedicated butler.

CHONGWE HOUSE

Chongwe House rests on a peaceful stretch of the Chongwe River, set against a beautiful mountainous backdrop.
A two-storey, four-bedroom, four-bathroom private house, its design blends effortlessly into the undulating landscape around it, with river pebble accents and furniture carved from a fallen winterthorn tree.

The house sleeps four to eight people and features private open-air bathtubs and waterfall showers, a large pool, and spacious indoor and outdoor lounges and dining areas perfect for spending time together.

Listen to fish eagle calls and the faint sound of a resident family of warthogs ‘mowing’ the grass outside. Watch elephants wade across the river right in front of the house. Savour fine dining in the wild, featuring local and seasonal ingredients.

For more information, please take a look at the local rates banner. For bookings and enquiries email: chris@timeandtideafrica.com

 

 

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Lifestyle

Nurse, ambulance driver killed in Lundazi road traffic accident

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AN ambulance taking a patient from Ng’onga to Lundazi Hospital hit a tree at Mphamba Bridge, killing a nurse and the driver, police said.

Eastern Province Police Deputy Commissioner Paul Achiume said the accident happened at 2am.

He said the driver, Stephen Mulenga, a ZNS officer of Lumezi ZNS Camp, who was carrying 3 passengers sustained fatal head injuries and died on the spot. Mr Peter Mwanza a nurse from Lundazi District Hospital sustained head injuries and also died on the spot.

The survivors, Crodina Moyo also of Lundazi District Health Office and an unknown male adult of unknown abode complained of general body pains and are admitted to the District Hospital.

Mr. Achiume said the accident happened when the driver of the ambulance failed to negotiate a curve and careered off the road on the right side, hitting into a tree and fell into a ditch.

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Foxdale Forest – Phase 2 Selling

ZAMBIA: COVID-19 STATS

05 Dec 2020, 9:17 AM (GMT)

Zambia Stats

17,857 Total Cases
364 Deaths
17,145 Recovered

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