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Attorney General asks Concourt to declare as illegal, unconstitutional Milingo Lungu’s ‘Immunity Agreement’



THE State has asked the Constitutional Court to declare as illegal the Immunity Agreement signed on March 22, 2022 between the DPP and former KCM provisional liquidator Milingo Lungu, granting him immunity from past and future prosecution.

And Attorney General Mulilo Kabesha in an answer and cross petition filed in court wants the Immunity Agreement to be declared illegal as it was against public interest and an abuse of the court.

Meanwhile, Mr Kabesha has denied allegations by former provisional liquidator for Konkola Copper Mines (KCM) PLC Mr Lungu that he had a meeting with State House agents which resulted in an Immunity Agreement which protected him from past and future prosecution

pertaining to all actions taken in his capacity as provisional liquidator.

Me Kabesha further wants the court to declare the Immunity Agreement as unconstitutional and therefore, null and void ab initio.

And the State wants hearing of the case to be expedited and costs.

In this case, Mr Lungu sued the State, Boyd Munalula – senior Investigations officer – Anti Money Laundering Unit of DEC, the Drug Enforcement Commission Director General (DEC) and Administrator General over his re-arrest.

He sought an order restraining the State from investigating, arresting and prosecuting him in respect of his performance as provisional liquidator of KCM.

Mr Lungu alleged that he entered into a bargain with the State agents spearheaded by Bradford Machila – Principal Private Secretary to the

President Hakainde Hichilema, Christopher Mundia – Special Assistant to the

President for Legal Affairs, Mr Kabesha, Marshal Muchende who is the Solicitor General, Director of Public Prosecutions Lillian Siyunyi, and Natasha Kalimukwa, the Administrator General and Official Receiver over the offences he allegedly committed as liquidator.

But Mr Kabesha who is also representing Mr Munalula and the DEC, in an answer and cross petition, stated that at no time did the State solicit or promise Mr Lungu the purported Immunity Agreement signed on March 22 this year and he shall be put to strict proof of the same.

He stated that the said Immunity Agreement was never brought to their attention and they only discovered its supposed existence from the court documents forming part of Mr Lungu’s documents.

“Further that at no time did any government official issue instructions to the DPP to enter into the Immunity Agreement with the petitioner,” he stated

The Attorney General added that an act or omission that contradicts the Constitution is illegal and so is the purported Immunity Agreement allegedly entered into by the DPP and Mr Lungu.

“Further, the respondents that the proceedings before this court are not only an attempt by the petitioner to gather information on the on-going criminal investigations and prosecution but also an attempt at stiffling legitimate criminal investigations and prosecution and therefore prejudicing the outcome of the investigations and prosecution,” he stated.

Mr Kabesha however, stated that the office of the Solicitor General did amicably engage Mr Lungu for purposes of him reliquishing his position as provisional liquidator of KCM.

But Mr Kabesha denied that State agents bargained for the granting of criminal immunity to Mr Lungu or dropping the criminal charges.

“Further, there’s no letter from any member of government instructing the Director of Public Prosecutions to enter an Immunity Agreement with the petitioner. Furthermore, no State agent issued any instructions to the Director of Public Prosecutions to enter into an Immunity Agreement with the petitioner. No State agent issued instructions to the DPP to enter into the Immunity Agreement with the petitioner,” he stated.

The Attorney General stated that the State admits only to the extent that the negotiations resulted in the signing of a consent settlement agreement between the official receiver (4th respondent) and the Mr Lungu dated March 15, 2022 which led to his unconditional resignation as provisional liquidator for KCM on March 17, 2022.

“The consent agreement dated 15th March 2022 and the petitioners resignation letter respectively speaks for themselves as to what was agreed upon or the outcome of the negotiations and there is no reference whatsoever to any grant of immunity or a nolle prosequi,” he said.

The Attorney General also denied that the resignation of Mr Lungu was tied to or resulted in the signing of the Immunity Agreement.

(Mwebantu, Wednesday, 25th April, 2022)



President Hakainde Hichilema to attend state funeral of late Namibian President Hage G. Geingob in Windhoek



PRESIDENT Hakainde Hichilema is tomorrow expected to travel to Windhoek, Namibia on to attend the State Funeral of Dr Hage G.Geingob, late President of the Republic of Namibia.

In a statement issued by acting Minister of Foreign Affairs and International Cooperation Mulambo Haimbe said the Memorial Service is scheduled for Saturday, 24th February 2024 at Independence Stadium with attendance anticipated from foreign Heads of State and Government alongside other invited dignitaries.

“The Burial Service will take place on Sunday, 25th February 2024 at Heroes Acre,” he said.

President Geingob, 82, passed away on 4th February 2024 in Namibia, having served as President of the Republic of Namibia from 2015 until his passing.

Mr Haimbe said President Hichilema is expected to return to Zambia immediately after his engagement.

(Mwebantu, Friday, 23rd February, 2024)

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Munir defies dress code,named and suspended from parliamentary proceedings



BARELY 24 hours after Speaker Nelly Mutti’s directive against traditional wear in Parliament, Lumezi Member of Parliament  Munir Zulu has defied the order, leading to his suspension from Parliament.

The speaker has since named Mr Zulu for grossly disorderly behavior, stating that he had deliberately defied the guidance given yesterday.

This was after Mr Zulu was spotted in Parliament wearing a traditional attire of the people of Luapula.

“I am sure honourable member for Lumezi knows the dress code. And yesterday Members were guided so honourable member for Lumezi is deliberately defying the order and guidance given. Under the circumstances, honourable Member for Lumezi, I will name you,” she said.

“Mr Munir Zulu I find your behaviour grossly disorderly and sending you away for today’s sitting is insufficient. I therefore in accordance with standing order 208 name you,” she said.

Meanwhile, Vice President Mutale Nalumango says those threatening to have free education removed are irresponsible and should not be trusted.

Mrs Nalumango said free education is not an area to tamper with as it has given hope to many vulnerable children.

Mrs Nalumango was responding to a concern raised by Kabwe central Member of Parliament Chrizoster Phiri Halwindi during the Vice President question session ,who expressed concern by some leaders commenting that they will remove the free education policy.

However, Mrs Nalumango said it is unbelievable and saddening to hear some leaders utter such comments.

“It is actually unbelievable that any leader in any country would stand to fight free education.You truly want children to remain on the streets? You want the girl child to marry at 14-years old because they cannot go to school? You want boys to be fluffies or junkies? Free education has given hope, or did you want to be the only ones whose children go to school so that you continue to do wrong things? Therefore, it is irresponsible for anyone to declare that,” she said.

(Mwebantu, Friday, 23rd February, 2024)

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Speaker bars MPs from wearing Ngoni traditional headgear in Parliament.



SPEAKER of the National Assembly Nelly Mutti has ordered Members of Parliament not to to wear the Nc’wala traditional ceremony head gear in the house as doing so is against parliamentary rules.

All roads are leading to the Eastern Province ahead of the ceremony taking place on Saturday.

Some MPs have been caught in the excitement to the extent of putting on the head gear in Parliament before being ruled out by the speaker.

Ms Mutti advised the MPs to show their support outside the house as standing order 206 (1) (C) does not allow for the wearing head gears in the house.

“Honourable members, I have one announcement to make to effect that it was observed yesterday during the sitting of the house that some members wire the Ngoni traditional head gear. This is possibly in support of the Nc’wala traditional ceremony scheduled to take place on Saturday, February 24th, 2024.

“”I wish to however, advise the house that standing order number 206 (1) (C) of the National Assembly standing orders 2021 is instructive of attire that is permissible. The provision allows members to wear decent traditional attire such as ‘Siziba’.

“[The] Decency of attire is a question of fact and maybe viewed differently especially if worn in an incomplete manner. I therefore find that the wearing of the Ngoni traditional head gear in the house was inappropriate in accordance with standing orders. Therefore I will not permit henceforth any honorable member to continue wearing such attires in the house,” Ms Mutti said.

Meanwhile, Minister of Local Government Garry Nkombo has said the national mourning declared in respect of the passing of President of Namibia Hage Geingob will not affect celebration of the Nc’wala traditional ceremony.

He made the announcement following a concern raised by his Chitambo counterpart, Remember Mutale, through a matter of urgent public importance.

(Mwebantu, Friday, 23rd February, 2024)

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