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Judge sued for defamation

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A research advocate has sued Lusaka High Court Judge Kenneth Mulife for defamation of character.

In the defamation suit, Bright Kaluba has also accused High Court Judge Kenneth Mulife of writing judgements even before parties appear before him for trial.

Mr Kaluba now wants the High Court to order Judge Mulife to retract the defamatory allegations levelled against him.

He claims that the judge defamed him when he allegedly accused him of being unethical and unprofessional.

In statement of claim filed this month, the plaintiff has cited Judge Mulife and the Attorney General as respondents.

The plaintiff states that on May 6, 2020, the Judicial Service Commission appointed him as research advocate, a position he held until his resignation on December 19, 2022.

He says that before he resigned, the Judiciary management assigned Mr Kaluba to Lusaka High Court Judge Gaudentia Salasini’s chambers as a research advocate.

“The plaintiff remained attached to Justice Salasini’s chambers until December 2021 when he was reassigned to the chambers of Judge Mulife,” the document reads.

On December 6, 2021, Mr Kaluba was transferred to Judge Mulife’s chambers at the High Court family and children’s division.

He claims that Judge Mulife directed him that he preferred to prepare judgements in advance prior to the parties appearing before him for trial and before filing their submission.

This was to enable the adjudicator to deliver judgements within an hour or so, soon after sitting, the document reads, ” the document reads.

The plaintiff states that upon observing how unconventional and unprofessional the instructions regarding work were flowing within the chamber, he, on May, 26, 2020, lodged a complaint with his supervisor against Judge Mulife.

The plaintiff stated that Judge Mulife had a tendency of releasing a lot of judgements than he is interested in the quality of judgements.

He claims that the Judge would give him files to prepare judgements even before parties appear before him and make submissions.

But plaintiff states that his supervisors remained mute even after receiving the complaint through WhatsApp.

He submits that on June 17, 2022, Judge Mulife took a very irregular move by directly lodging a complaint against him [Mr Kaluba] to the chief administrator instead of the Supreme Court registrar, his immediate supervisor.

The complaint was alleging gross misconduct, absence from duty and under performance.

Mr Kaluba submits that he later received a charge letter dated July, 12 2022 and three days later, he lodged an exculpatory letter refuting the allegations.

He was later charged in relation to the earlier allegations.

Mr Kaluba submits that neither a date was set for his disciplinary hearing nor was any verdict passed based on the complaint, charges and exculpatory letter.

(Mwebantu, Monday, 23rd January, 2023)

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Assualt accused Army officer’s wife now claims bed sores caused the wounds on her son

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THE Lusaka Magistrate’s Court has set March 11 this year as judgement in a case a Zambia Army officer’s wife is accused of assaulting her four-year-old step son using different weapons like a hosepipe and knife.

But when winding up her defence yesterday, the accused, Longwe Ngosa, 30, did not cause the wound marks on her son’s body but that the marks on his back were caused by bed sores.

Ngosa added that child developed bed sores when he was admitted to University Teaching Hospitals (UTH) after he injured his leg while playing.

She said he got the “sore beds” due to the sleeping position in the hospital.

Ngosa said this yesterday in a matter she is charged with assault on a child which allegedly happened between April 1 and July 31, 2023.

The housewife of Apollo Military Camp is accused of assaulting a juvenile we shall call, IB, and occasioned him actual bodily harm.

The assault the child came to light through a viral Facebook clip where IB was filmed narrating to his teacher how his mother had been beating him using different weapons, including a knife.

Ngosa was found with a case to answer by Lusaka magistrate Mutinta Mwenya and she is currently on her defence.

The accused, who initially told the court that her son was assaulted by her class teacher on several occasions, yesterday told the court that the wounds on the victim’s back were caused by bed sores.

Ngosa also claimed the other wound marks on his stomach were as a result of an allergy.

“He developed them when he ate relish he does not eat. That was an allergy,” she narrated.

Ngosa also narrated that she started living with IB when he was 15months and has always considered him as “my child and not my stepson”.

In cross examination, state prosecutor Chisenga Malama asked Ngosa to confirm that she never produced any medical record to show what happened to IB.

“No, I did not,” the accused said.

“Confirm you never made any official complaint to school about the sores on the child,” Ms Malama asked as the accused said no.

(Mwebantu, Thursday, 29th February, 2024)

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Unnatural offence suspects provide fake names to police

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TWO male student nurses who were previously charged with unnatural offence have now been accused of providing false information to a public officer during the investigation.

Police spokesperson Rae Hamoonga said, it was revealed during the course of investigations that the individual initially identified as Chisenga Chanda, aged 20, of Matero, had misrepresented his identity.

He said the actual name is Brighton Banda, aged 25, of New Avondale, and a third-year Student Nurse at a named institution.

Similarly, Matthews Kabwe, aged 20, of Matero, is not who he claimed to be but Darius Musukwa, aged 20, of Kamwala South, and he too is a third-year Student Nurse at a named institution.

“Both individuals have been additionally charged with the offense of giving false information to a Public Officer Contrary to Section 125 of the Penal Code Act Chapter 87 of the laws of Zambia. As a result, they are currently detained in police custody,” he said.

Mr Hamoonga said police is committed to upholding the law and ensuring the accuracy of information provided during investigations.

“We urge the public to cooperate with law enforcement agencies and to refrain from engaging in activities that may obstruct or impede the course of justice,” he said.

(Mwebantu, Wednesday, 28th February, 2024)

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Two pupils drown in Kafulafuta dam, police say 

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TWO pupils aged 14 and 12 have drowned in Kafulafuta dam in Masaiti district.

The two children drowned yesterday, Tuesday February 27, at around 15:00 hours.

Copperbelt province police commanding officer, Peacewell Mweemba said the report was made the girls grandmother, Offa Ednah, aged 53, of Masaiti.

He said Ms Ednah reported that her granddaughters drowned in Kafulafuta River.

Mr Mweemba said the victims have been identified as 14-year-old Grace Namonje, a grade six pupil, and 12-year-old Bathsheba Musaka, also in grade six at Koti ni Eden in the Shilashi area of Masaiti.

He said the two pupils left school around 14:00 hours, after which Bathsheba visited her friend’s house in Kampundu Village before deciding to accompany Grace, who lived in Saili Village.

Mr Mweemba said while on their way, the two girls opted to cross through a small path used as a road crossing over the dam.

“As they were going they decided to use a small path used as a road crossing through the dam and as they were crossing the dam they drowned after they failed to cross,” he said.

Mr Mweemba said members of the community rushed to retrieve their bodies and found that both were already dead.

He said when police visited the scene, they found that both deceased bodies had already been retrieved from the dam.

“The bodies were inspected and no physical injuries found on them. The bodies had some foam coming from their nose and mouth,” he said.

Mr Mweemba said the two bodies have since been deposited to St. Theresa’s Mission Hospital Mortuary.

(Mwebantu, Wednesday, 28th February,  2024)

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