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Magistrate Simusamba gravely misdirected himself when he convicted me, Chishimba Kambwili says

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OPPOSITION National Democratic Congress (NDC) party leader Chishimba Kambwili has appealed against his one year jail sentence in the High Court.

In a notice of appeal filed in the Lusaka High Court, Kambwili has argued that magistrate David Simusamba gravely misdirected himself both in law and fact when he convicted him of forgery and uttering a false document against the weight of evidence on record.

He contends that the trial magistrate also erred in both law and fact when he imposed a punitive sentence, basing the conviction and sentence mainly on the erroneous finding that the appellant, had shown no respect for the court, an issue that was not subject of trial before him.

He further argued that the lower court erred when it held that the appellant and some of his lawyers had no respect for the court and that he lied to the court over his COVID-19 positive test result when the same court had subpoenaed medical practitioners at its own instance, whose testimony went unchallenged and confirmed that he had Coronavirus.

“This shows the learned trial magistrate’s partiality, disposition and prejudice against him,” reads the notice in parts.

Kambwili also claims that magistrate Simusamba erred when he declined to recuse himself and proceeded to hear the matter and convicted him, notwithstanding the fact that he had accused him of trying to bribe the court, which led him to sue the trial magistrate for defamation.

“The magistrate erred in fact and law when he refused to refer the case to the High Court for determination of whether his constitutional right to a fair trial before an independent and impartial court had been, was being and was going to be infringed as a result of his refusal to recuse himself,” reads the notice.

And Kambwili’s Musa Mwenye has filed summons for bail pending appeal before magistrate Simusamba who has scheduled the bail hearing for Monday next week.

Meanwhile, magistrate Simusamba earlier declined to entertain Kambwili’s bail application dated October 14, 2020 because it was incompetently before him.

Last week, Magistrate Simusamba convicted Kambwili for 12 months imprisonment with hard labour for two counts of forgery and uttering a false document which will run concurrently.

(PICTURE: FILE)

 

International

No Zambian trucks were torched in South Africa, says Amb. Major General Jackson Miti (Rtd)

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ZAMBIA’S High Commissioner to South Africa Major General Jackson Miti says no Zambian trucks were torched in the recent spike of violent protests against foreign drivers in that country

This is according to a press statement issued by Mrs Naomi Nyawali, First Secretary Press and Public Relations at the Zambia High Commission in South Africa.

General Miti said speculations circulating on various media platforms that four trucks belonging to Zambian drivers were torched are not true.

He said during this period of violent protests, Zambian truck drivers were advised to park their trucks until the situation normalized.

General Miti said the Mission in Pretoria was making frantic efforts in ensuring the safety of Zambian drivers together with their properties

He re-echoed his advice to Zambian drivers traveling to and from South Africa to be vigilant on the roads for their safety.

General Miti has further advised the Zambian media and the public to get accurate updates on the situation from the Mission or the Ministry of Foreign Affairs to avoid being given fake news

South Africa has recently experienced an eruption of violent protests against foreign truck drivers by local drivers, the situation which has seen about 30 foreign trucks burnt in some parts of the country, particularly in KwaZulu-Natal province.

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Politics

Resign today, if they want to take part in the 2021 elections, PF SG Davies Mwila, tells civil servants

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ALL civil servants serving in foreign missions, state owned enterprises, quasi government and grant aided institutions to resign if they intend to contest elections next year, been instructed to relinquish their current positions by November, 30, 2020.
Speaking a Media briefing, PF secretary general Davies Mwila said the will not entertain any civil servant who will not comply with Government’s directive.
He said the move is aimed at protecting the integrity and impartiality of the public service as it implements governments programmes before, during and after elections.
“I wish to inform the public that following the secular by the government that all civil servants including those in foreign mission who wish to contest must resign from public service. The PF will not entertain any civil servants or Public service officer who will not comply with the Government directive,” Mr Mwila said
And Mr Mwila said the party will continue engage the Electoral Commission of Zambia in order to address the slow pace of the process.
“We also want to encourage our members to register as voters,” he said.
Mr Mwila also disclosed that the PF has held District and Constituency elections in Southern and Western Provinces.
He said in December, the party will hold provincial elections in Southern and Western Provinces.
The SG said only Northern and Luapula are the two provinces remaining.
Mwila said after the provincial elections, the party will then decide when to hold the general conference.

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Politics

HH troubled by the continued violent attacks of Zambian Truck drivers in South Africa

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UPND president Hakainde Hichilema says it is time for Africans to dialogue and start addressing issues that affect their unity, stability and economic prosperity.
And Hichilema has called on South African President Cyril Ramaphosa to denounce the the continued violence and ill treatment of Zambian Truck drivers in that country.
In a statement, Hichilema said the continued xenophobic attacks against foreign truck drivers in South Africa is painful because of the economic impact it has on the region as well as to the incomes of truck drivers who work under difficult conditions to make earnings and provide for their families.
“We have learnt with sadness the continued and escalating violence and ill-treatment of Zambian truck drivers along with those from other African nations operating in, or moving through South Africa,” Hichilema said.
Hichilema said  that he is troubled by the unfortunate phenomenon because of the wedge it drives into African unity.
He said now is the time that African people begin to engage in dialogue to address issues that affect their unity, stability and economic prosperity.
“Let us take this as an opportunity to engage and stand together in unity to bring down xenophobia and to elevate our aspirations as harmonious people for the betterment of our continent,” said Hichilema.
He also appealed to President Ramaphosa to denounce the unfortunate trend and allow for the convening of leaders in the Southern African Development Community (SADC) along with other stakeholders to evaluate the circumstances, mitigate sources of xenophobia and conflict, and enact reforms that strengthen the region’s social and economic cohesion.

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Foxdale Forest – Phase 2 Selling

ZAMBIA: COVID-19 STATS

01 Dec 2020, 2:34 AM (GMT)

Zambia Stats

17,665 Total Cases
357 Deaths
17,059 Recovered

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