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Local Courts

DEC officer summoned over ‘missing’ Kasanda



THE Lusaka Magistrates Court has summoned a Drug Enforcement Commission (DEC) officer to explain why she ordered the arrest of businessman Shaderick Kasanda when he was supposed to be appearing in court.

The subpoena against the officer, only identified as Ms Chisenga, was issued by Lusaka chief resident magistrate Davies Chibwili.

This came to light yesterday when the case involving Kasanda and 10 others charged with Espionage was came up.

When the matter was called for continued hearing of preliminary issues, the court was informed that Kasanda was not present while the rest of the accused, who include five Egyptians, were before court.

State advocate Gracilia Mulenga told the court that she received a call that Kasanda had been ‘picked up’ by law enforcers.
“I have just been informed that the sixth accused person has been picked up by the law enforcement agencies. I am yet to get full details on some other charges,” Ms Mulenga said.

At this point, defence lawyer Makebi Zulu applied that the officer who arrested his client be cited for contempt of court because according to court directions, his client was supposed to be in court the time he was nabbed.

“There was an order that all the accused should be before you at14:00hours. The law enforcement agencies cannot defy that order especially that they are fully aware that the accused was to be before you. The prudent thing to do would have been to wait for these proceedings to take off and there after carry on with their work,” he said.

The court briefly adjourned so that the person who was in the custody of Kasanda should explain his whereabouts.

Mr Zulu is the one who located the police officer who was in the custody of his client before the accused was picked by DEC officers from the holding cell.

Inspector Kelvin Kapaso told the court that the accused was picked up by DEC officers and that he did not know the name of the male DEC officer who picked up Kasanda.

He said when he queried the male DEC officer why he picked Kasanda, the man referred him to his officer-in-charge at DEC.
But Mr Zulu, who advised Mr Kapaso to say the truth, wondered why the police officer said that he did not know the female DEC in-charge who was behind the arrest of Kasanda.

“I was with you when the same woman was pretending to be on phone,” he said.

Mr Zulu reminded Mr Kapaso that the same officer is question is Ms Chisenga.

The lawyer then applied that Ms Chisenga been subpoena as Ms Mulenga objected arguing that the identity of the person to be subpoenad was not fully known and that it came from the bar, though Mr Zulu.

But Mr Zulu said he wondered why the State was being defensive and “it seems they know something”.

The court proceeded to subpoena the DEC officer and adjourned the case to tomorrow.
In an interview after the case, Mr Zulu described the development as “an abduction”.

(Mwebantu, Thursday, 31st August, 2023)


Mutale Mwanza dragged to court over alleged assault



MEDIA personality and talk show host Mutale Mwanza has been sued for allegedly yelling at a motorist while holding a gun, an incident which allegedly left the female victim, who is a doctor at the University Teaching Hospitals (UTH), traumatized.

The complainant, Natasha Mulenga, has complained that the incident left her extremely traumatized and she now wants the Lusaka High Court to order the outspoken entrepreneur to pay her damages for assault.

Court records show that the incident happened on November 5, 2023, when the two were stuck in traffic before the defendant, Ms Mwanza, emerged from her car with a gun.

The statement of claim filed at the Lusaka High Court shows that Dr Mulenga was on the material day driving home when she found a broken-down car in Chainda area and that during the time, traffic was building behind the stationery automobile.

The plaintiff submits that she then decided to keep to her lane and pass the scene in order for the built-up traffic to flow.

But before her vehicle passed the broken-down car, Ms Mwanza had started flashing vehicle lights at the doctor’s car and decided the defendant then decided to bypass the broken-down vehicle, joining Ms Mulenga’s lane.

The plaintiff submits that when Ms Mwanza blocked her car, the defendant(Ms Mwanza) then proceeded to disembark from her vehicle while carrying a firearm in her right hand.

Ms Mwanza then approached Dr Mulenga’s vehicle while shouting at her and banging on her vehicle.

“Arising from that, the plaintiff suffered extreme trauma, post-traumatic stress disorder, severe anxiety, physiological distress, sleep disorder, experienced recurring nightmares about the event and gastrointestinal upset,” she submits in part.

The doctor adds that as a result of the injury suffered, she had to be placed on a mandatory 10 day medical leave due to diminished concentration and had to see a psychotherapist at the Adult and Emergency Hospital at UTH.

She now seeks damages for assault, among other reliefs

(Mwebantu, Thursday, 7th December, 2023)

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PF camps battle their leadership arguments in court, as Judge reserves ruling



THE Miles Sampa led Patriotic Front(PF) group has urged the Lusaka High Court to dismiss the application in which the Rapheal Nakacinda camp has filed.

During hearing yesterday, Mr Sampa’s lawyers submitted that the case against him be dimissed because there is already another lawsuit pending before Judge Timothy Katanekwa which is related to the same party leadership case.

The lawyers submitted before Judge Situmbeko Chocho that in the other proceedings, Judge Timothy Katanekwa has not yet determine whether Raphael Nakacinda and Given Lubinda were legally appointed.

The duo were appointed and they later suspended Mr Sampa from the party over alleged gross misconduct.

In this matter, Mr Nakacinda and others, among them Mporokoso lawmaker Brian Mundubile want Judge Chocho to restore an injunction she had earlier granted in their favour.

The injunction prevented Mr Sampa from carrying himself as PF president until determination of a lawsuit against him.

But the Judge later discharged the same injunction which the Nakacinda team now want restored.

The Judge has reserved rulings on the matter to a later date to be announced.

(Mwebantu, Tuesday, 5th December, 2023)

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Local Courts

Mine accident claims lives as victims feared drowned in buried tunnels



FOLLOWING a mine accident in Chingola district on the Copperbelt, reports suggest the victims that were buried alive are feared to have drowned.

The victims are suspected to have drowned in the tunnels where they were digging copper ore after heavy rains and landslides buried the tunnels.

Police received a report of drowning from Abedenigo Keshinako who has since identified seven of his colleagues that were victims of mine accident at Kasenseli of Konkola Copper Mines (KCM)open pit.

A combined rescue team of police, Konkola Copper Mines (KCM) staff and fire brigade have however, not yet retrieved any of the bodies.

Police spokesperson Rae Hamoonga said the incident occurred on November 30th between 21:00 hours and 22:00 hours.

“Mr Keshinako reported that those that are suspected to have drowned are Christopher Chungu ,Silvester other names not known ,John other name not known ,a person only known as Bashi Prisca , Joe other names not known,Gold other names not known and another one only known as Bashi Emma,” he said.

He noted that those identified together with others drowned in the tunnels where they were digging copper ore after heavy rains.

“The Police, KCM rescue team and fire brigade visited the scene and it was discovered that there were two sites within the pit where the victims were buried. The bodies are not yet retrieved as efforts are being made to retrieve them,” he said.

(Mwebantu, Saturday, 2nd December, 2023)

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