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ACC still in control of Bowman Lusambo’s properties

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THE Anti-Corruption Commission (ACC) says it is still in control of the properties of former Lusaka Province Minister Bowman Lusambo situated in Chamba Valley by way of the restriction notice which is in force.

Yesterday,  Lusaka Resident Magistrate Albert Mwaba set aside a warrant of seizure on Lusambo’s properties on account that it is an abuse of court process as there was a restriction notice which was already in place on the same properties.

However, ACC  spokesperson Queen Chibwe said section 60 (1) of the Anti-Corruption Commission provides that the Director-General may, by written notice to a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed under the Act, or against whom a prosecution for an offence has been instituted, direct that such person shall not dispose of, or otherwise deal with, any property specified in such notice without the consent of the Director-General.

“In addition, the Act under Section 60 (5) states that: “A person aggrieved with the directive of the Director-General issued under subsection (1) may apply to the High Court for an order to reverse or vary the directive,” she said.

Mrs Chibwe said the restriction notice is therefore still in force as there has been no decision of any competent court to reverse or vary it.

And the Commission is dissatisfied with the ruling of the Court to set aside the Warrant of Seizure as provided under the Anti-Corruption Act no. 3 of 2012 subsection 58(1) which provides for the seizure of properties under investigation.

Mrs Chibwe said the Commission is currently studying the decision of the Court and is contemplating on exercising its right of appeal to challenge the setting aside of the Warrant of Seizure.

“The Commission notes that, while it respects the decision of the Court, there is no legal requirement for the Commission to cancel a Restriction Notice before a Warrant of Seizure can be obtained. The two actions can be enforced without any repercussions to the other as they each serve different purposes. The provisions under Section 58(1) of the Anti-Corruption Act states:

“ Where in the course of an investigation into an offence under this Act, an officer has reasonable grounds to suspect that any movable or immovable property is derived or acquired from corrupt practices, is the subject matter of an offence or is evidence relating to an offence, the officer shall, with a warrant, seize the property,” she said.

Mrs Chibwe said the Commission believes that it is on firm ground on the actions it is taking in its quest to investigate and prosecute matters relating to the corrupt acquisition of property.

(Mwebantu, Friday, May 20th, 2022)

Politics

Sakwiba lied about UKA finger print procession, police say

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POLICE in Lusaka have dispelled allegations by United Liberal Party leader ,Sakwiba Sikota that he submitted finger print forms for the procession of opposition movement, United Kwacha Alliance (UKA).

Mr Sikota is believed to have given the misinformation when he appeared on the Red Hot Breakfast show on Tuesday, February 27th, 2024.

Police spokesperson Rae Hamoonga has however, said procession of finger prints for UKA were incomplete.

“The Zambia Police Service wishes to address recent misinformation that was aired on the Red Hot Breakfast Show yesterday February 27, 2024 , alleging that Mr Sakwiba Sikota had submitted fingerprint forms for the procession as part of the registration process for the United Kwacha Alliance at the Zambia Police Service Headquarters.”

“The facts surrounding this matter are as follows: Today (yesterday), February 28, 2024, at 16:10 hours, Mr Sakwiba Sikota, accompanied by Mr Silawve, presented incomplete forms required for the partial fulfillment of the registration process. Contrary to the information aired, the fingerprint forms were not handed in on an earlier date, as suggested,” he said.

Mr Hamoonga said upon examination of the presented forms, it was determined that they were incomplete.

He said as per the established procedures, Mr Sikota and colleague were advised to rectify the deficiencies and resubmit the correct and complete documentation.

“We would like to emphasize the importance of truthfulness and accuracy in communication, particularly when it involves matters of national interest. It is crucial for eminent personalities like Mr. Sakwiba Sikota to be truthful and the media to verify information with the concerned authorities before disseminating it to the public,” he said.

Mr Hamoonga reiterated the call by police for responsible reporting and communication, urging individuals and media outlets to adhere to the principles of accuracy and verification.

He added that the dissemination of falsehoods on matters of national importance may result in legal consequences, including prosecution against those found to be in violation.

(Mwebantu, Thursday, 29th February, 2024)

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Local Courts

State opposes lawsuit to compensate minister, PS for malicious prosecution.

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THE State has opposed the lawsuit filed by Minister of Small Medium Enterprises Minister Elias Mubanga, Permanent Secretary for special duties Patrick Mucheleka and others who are seeking damages for malicious.

The State has argued that Mr Mucheleka and others are not entitled to the reliefs they are seeking because their detention was not malicious.

It adds that there was reasonable cause why they were arrested.

The other plaintiffs are UPND national youth secretary Samuel Ngwira, Chinyimba Bwalya and Kelvin Bwalya.

The five sued the State seeking among other reliefs, damages for false imprisonment.

In their statement of claim, Mr Mucheleka and others submitted that they were apprehended and arrested without reasonable cause by the Zambia Police Service for 31 days.

The added that they were arrested from September 13, 2020 to October 3, 2020 at Kasama Police Station on aggravated robbery and malicious damage to property charges.

Further, Mr Mucheleka and others submitted that during trial, the State set them free through a nolle prosequi.

But the plaintiffs now want to be compensated for mental distress, mental anguish, emotional distress, inconvenience and embarrassment among other reliefs.

However, in reply to the lawsuit, the State submits that it will submit that there was reasonable cause for the plaintiffs’ arrest and detention and that they therefore, the reliefs they seek should not be granted.

It adds that on September 13,2020, the the police received a report of aggravated robbery from the District Registration Officer to the effect that members of UPND attacked and robbed the mobile registration office and damaged property there, and fled immediately after committing the said offence.

The State will further state at trial that with the assistance of eye witnesses, police instituted investigations and recovered a generator at a house in Chilamba village which led to the detention and arrest of the plaintiffs.

It adds that the State will aver that the plaintiffs were lawfully detained and arrested.

During their detention, the plaintiffs were allowed to be visited by several of their party members as well as their lawyers.

The State will aver that police action was conducted within the law and that there was no malice in their detention and arrest.

(Mwebantu, Wednesday, 28th February, 2024)

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Politics

Police scrutinising statement made by Former President Edgar Lungu.

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POLICE say they are carefully examining scrutinising a statement made by Former President Edgar Lungu.

Yesterday, Former president Edgar Lungu said President Hakainde Hichilema may be forced to give up sooner rather than later as Zambians will rise against him if police continue to behave in uncivil manner.

But in a statement issued on Tuesday, February 27, police spokesperson Rae Hamoonga said the implications of such a statement is being assessed, and appropriate legal actions may be taken.

“The statement made by the Former Head of State, Mr Edgar Chagwa Lungu, indicating that “People will rise,” is under careful scrutiny. The implications of such a statement is being assessed, and appropriate legal actions may be taken,” he said.

Meanwhile, Mr Hamoonga said a police station is a protected place by law, and any misconduct within its premises will not be tolerated.

This is in response to yesterday happenings in which four Patriotic Front members were detained for disorderly conduct.

“The actions taken by Kabwata police were in accordance with the law. Mr Raphael Nakachinda was released after due process, while those unlawfully camping at Kabwata were rightfully arrested. Notably, the arrest of Mr Emmanuel Mwamba and three others was executed lawfully,” he said.

Mr Hamoonga said police managed to confiscate three drums used by the alleged unruly crowd, which will serve as crucial evidence.

He said a police station is not a playground for disorderly conduct, and individuals engaging in illegal activities within its confines are liable to be arrested.

“We reiterate the importance of respecting the law and maintaining order, emphasizing that a police station is not a venue for disruptive behavior. The police are committed to upholding the law and ensuring the safety and security of all citizens,” Mr Hamoonga said.

(Mwebantu, Wednesday, 28th February, 2024)

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