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Local Courts

‘Gold scam’ case hearing fails to proceed



THE habeas corpus hearing for four foreigners, among them Egyptians in the ‘gold scam’ case, failed to proceed today because the State was not ready.

In the application for habeas corpus, the four foreigners are challenging their continued detention without being formally charged or taken to court.

The four foreigners want a Judge to assess the legality of their continued detention.

But when the case was called today for inter-parte habeas corpus application hearing, the State informed the court that it was not ready to proceed because it had received instructions today in the morning.

A State advocate however informed the court that the State will file the documents and serve them on the lawyers for the four applicants.

The matter has since been adjourned to September 1,2023.

The four foreigners are Ali Abdulla Ali Al-Safi, a Saint Kitts and Nevis national resident in Egypt, Noha Salaheldin Aly Nadim, an Egyptian, David De La Cruz Castilla, a Spaniard national and Teunis De Mooij, a Spaniard.

Through their lawyers, the four submitted in the High Court that they were engaged as a crew pilots in-flight service attendants by Flying Group Middle East FZCO, the operations and management company that runs the Bambardier Global XRS, serial No SN9159 and registration No. T7-WSS.

They say that on August 14, 2023, DEC officers and other investigators detained them at the Kenneth Kaunda International Airport (KKIA) on suspicion of, among others, money laundering.

They contend that their detention was on unfounded grounds.

Upon hearing of their detention at the KKIA, Flying Group Middle East FZCO engaged lawyers, Lungu Simwanza and Company and Andrew Musukwa and Company, to represent them.

They submit that on August 14 and 15, despite their numerous protests, the four were denied access to their lawyers and vice versa.

They complain that they were not provided access to basics like food and water at Chelstone police station where they are currently detained.

The four submit that they were only allowed access to their lawyers last week Wednesday after being transported to the National Command Center, in Lusaka’s Sikanze Police Camp where they were held from 09:00hours to 23:00hours before being warned and cautioned for allegedly giving false information to a public servant.

They further add that the offence they were cautioned for is purportedly contrary to section 106(a) of the Penal Code Chapter 87 of the Laws of Zambia but argue that the section is non-existent as it has been repealed.

The four submit that investigators informed them that they cannot be released on bond until further notice because investigations are yet to be concluded.

Mr Al-Safi and others have accused the police at Chelstone of abusing their powers by declining to grant them bond considering that they have neither been changed nor taken to court from the time they were detained.

They further complain that their continued detention is against their rights.

(Mwebantu, Wednesday, 23rd 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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