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Local Courts

Goldscam update



ONE of the 13 suspects in the gold scam case has asked the High Court to order the State to immediately release him from detention and taken to court so that the legality of his detention is assessed.

Patrick Kawanu, a commercial pilot who has been charged with the offense of giving false information to a public officer, contends that his continued detention without being given bond is unconstitutional because the offence he is facing is bondable.
Last week, Mr Kawanu and 12 others were arrested by the Drug Enforcement Commission(DEC) following an operation conducted at Kenneth Kaunda International Airport last Monday that led to the seizure of 602 pieces of what was initially suspected to be gold weighing 127.2kilogrammes and US$5million cash.
The 13 have since been in detention as some of them, including nine foreigners, are yet to be formally charged.
Mr Kawanu, through his lawyers, has now applied for habeas corpus, so that the Lusaka High Court can order the State to release him and be taken to court so that the legality of his detention for over a week can be scrutinised.
His lawyer, Bwalya Nchimba, said in an affidavit in support of ex-parte notice of motion for a writ of habeas corpus, Mr Kawanu’s lawyer said his client is detained at Kabwata Police Station and that on August 14, he was formally charged with the offence of giving false information to a public officer.
Mr Nchimba submits that the offence with which Mr Kawanu is charged with is a bondable and bailable and the applicant [Mr Kawanu] has readily available sureties to secure his release and attendance at any court of law and yet bond has been unreasonably delayed in being granted to the applicant by the State.
He said his client is being held in unsanitary, poorly ventilated and very crowded police cell at Kabwata Police Station despite the offense in question being bondable.
“The combine team of police and Drug Enforcement Commission officers has not indicated a valid reason for the continued detention of the applicant on a bondable and bailable charge,” Mr Nachimba submits.
He argues that the unreasonable delay to grant his client bond is unconstitutional and that in the circumstances, “we require that the writ of habeas corpus is issued immediately as the reason in delay to grant the applicant bond is unreasonable and unjustified.
The 13 suspects may not appear in court this week because state prosecutors are attending an inaugural conference in Livingstone.
(Mwebantu, Tuesday, 22nd 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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