THE State has agreed to pay five UPND sympathizers more than K32million for malicious detention and prosecution on allegations of treason in 2017.
This comes barely a month after the State consented to pay another group of 10 UPND cadres who were accused of burning Lusaka City Market in 2017, will be compensated K1 million each by the State for false imprisonment and malicious prosecution.
In the latest case involving K32million, a consent judgement, the plaintiffs will also be paid K1 million as costs for the lawsuit against the State.
This is according to a consent order signed by both parties in the case, the petitioners’ lawyers ZS Legal Practitioners and the Attorney General’s Chambers.
“The plaintiffs will receive a payment of K6,400,000.00 each, as full and final settlement of all their claims in this matter,” the consent order which is yet to be endorsed by Lusaka High Court Judge Pixie Yangailo who handled the case, reads in part.
The plaintiffs to be paid are Hamusonde Hamaleka, Pretorius Haloba, Wallace Chakawa, Lasting Mulilanduba Muleya Hachinda.
President Hakainde Hichilema was part of the plaintiffs but discontinued the case but indicated that he will renew it after he leaves office as President of Zambia.
The plaintiffs had sued the State seeking compensation for unlawful prosecution.
They wanted the Lusaka High Court to compel the state to indemnify them damages equivalent in value to the money and personal belongings lost when they were apprehended at the Community House in New Kasama in 2017.
The six were falsely imprisoned on allegations that they committed treason when the President’s convoy allegedly failed to give way to his predecessor Edgar Lungu’s motorcade on the Mongu-Limulunga road in April 2017.
The five, Hamusonde Hamaleka, Pretorius Haloba, Wallace Chakawa, Laston Mulilanduba and Muleya Hachinda have however entered a consent judgement with the Attorney General who is the defendant in the matter.
The court later allowed five UPND members to enter consent judgment with the state in a matter in which they are seeking damages for unlawful prosecution.
The consent judgement read that “by consent of the parties through their respective advocates, it is hereby adjudged as follows; that the defendant herein wholly admits liability in respect of the second, third, fourth, fifth and sixth plaintiffs and that the matter be and is hereby referred to the Deputy Registrar for assessment of damages for false imprisonment, damages for assault and battery, damages for malicious prosecution, compensatory damages equivalent in value to the monies and personal belongings the second to sixth plaintiffs lost when they were apprehended by the police officers at the home of the first plaintiff (Mr Hakainde Hichilema),” reads the consent.
(Mwebantu, Thursday, 30th August, 2023)
Herbalist says former First Lady ‘grabbed’ her properties to recover her missing US$400,000
TRIAL in a case former First Lady Esther Lungu is accused of theft of cars opened yesterday with a herbalist testifying against her.
Elizabeth Phiri tetsief how how she was picked and beaten by three armed police officers who later took her to former President Edgar Lungu’s house where Mrs Lungu demanded US$400,000 from her.
Ms Phiri said she was told that the money in question was initially given to Mr Lungu’s nice Catherine Banda who later told the Lungu’s that she gave the money to her(Ms Phiri).
In this case, Mrs Lungu, Ms Banda and there others, who include two police officers, are charged with theft of cars and money laundering involving over K1.5million.
Mrs Lungu is also accused of concealing US$400,000, money reasonably suspected to be proceeds of crime.
Other suspects are James Phiri and Lee Chisulo, both police officers, Kapambwe Lungu.
Between August 9, 2021 and September 30, 2022, the five allegedly stole a Mitsubishi canter worth K 320,000, belonging to Ms Phiri.
It is also alleged that the accused stole a Toyota Alex worth K 110,000 belonging to Furhana Patel.
Mrs Lungu and others are also accused of stealing a certificate of title relating to stand number S/LUSAKA/333/2977 situated in Libala, worth K 1,050,000 belonging to Ms Phiri.
During continued trial, Ms Phiri narrated how in 2020, she met Ms Banda who sought her herbal services so that she can find a husband and bear more children.
The herbalist said after the services were rendered at K4, 000, Ms Banda, who told her she was an orphan, became close to her and she even introduced Ms Banda to her daughter, Furhana.
“She [Ms Banda] started phoning telling me that she was at Furhana’s place in Libala,” the witness said.
Ms Phiri said sometime last year, she was picked up by plain clothed armed policemen who also beat up together with Ms Banda.
“While beating her [Ms Banda] they said they want the ‘parcel’.
“Catherine pointed at me and said she gave it [parcel] to me. They held me and started beating me and asked me to give them the parcel,” she said.
Ms Phiri said the three men put her in a van and took her to her house where they searched the rooms.
The armed men continued to demand for “the parcel” and threatened to kill her before she was detained at a police cell and later taken to Mr Lungu’s residence.
“When they took me into the house, Mrs Lungu was seated directly to the door. When I looked to the side, I saw Mr Edgar [Lungu],” she said.
She said Mr Lungu explained that she was taken to the house in connection with a missing US$40,000 he had given Mrs Lungu.
“He said ‘My wife got that money and gave it to my niece, Catherine Banda”.
Ms Phiri said she expressed ignorance about the US$400,000.
The court heard that Ms Lungu then instructed that Ms Phiri be taken back to her home because she appeared confused.
She said the following morning, Mrs Lungu phoned her and asked her to go to her house in Ibex.
Ms Phiri started off to Ibex accompanied by her daughter Furhana.
On arrival, Mrs Lungu asked Ms Banda to enlist the goods the witness bought purportedly using the US$400,000.
Ms Phiri said Mrs Lungu called the three accused men to pick her and proceed to grab the properties she bought using the US$400,000.
“They got a canter, a Runx and Alext for my child Fahana, they got the white books for the vehicle and the title deed of a property in Libala,” she narrated.
She told the court that she wa never given the US$400,000 and that the money she bought the house was given to her by Chief Mukuni of Kazungula who is her grand father.
(Mwebantu, Tuesday, 28th November, 2023)
Speaker sued for the third time.
WITHIN a month after a civil society organisation and Mporokoso lawmaker Brian Mundubile sued Speaker of the National Assembly Nelly Mutti in connection with activities in Parliament, there is a third lawsuit against her.
In the new case, Chilubi Member of Parliament Mulenga Fube is challenging Ms Mutti’s decision to suspend 16 Patriotic Front(PF) Members of Parliament and two independents without being fully heard.
Mr Fube wants the Lusaka High Court to declare that a reasonable tribunal properly directing its mind would not arrive at such a decision as made by Ms Mutti.
He also wants a declaration that Ms Mutti’s decision to suspend 16 PF members of Parliment and two Independents without being afforded an opportunity to be heard with sufficient time and facility is unreasonable.
The lawmaker also wants a declaration that the Speaker’s move to withhold salaries due to the MPs, which salaries are an incident of the fact that the salaries are due by reason of the fact that one is a MP, is illegal,null and void.
Also, Mr Fube seeks an order of certiorari to remove into the High Court for the purpose of quashing the said decision by the speaker to suspend the said MPs without afforded sufficient time and facility.
Mr Fube also wants an order that the grant of leave for judicial review or the decision should operate as a stay of all acts and further proceedings in pursuance of the decisions to which this application relates.
In the alternative, he seeks an order that the said decision to suspend the affected MPs and from getting a salary was procedurally improper, made in bad faith ,and thus illegal and null and void.
This is according to a notice of application for leave to apply for Judicial review, seeking to challenge the Speaker’s decision to suspect the lawmakers.
“If permission to apply for judicial review is granted, a direction that the hearing of the application for judicial review be expedited,” he submits.
He further submits that the Ms Mutti’s decision to change the sitting arrangement in the National Assembly and replace Brian Mundubile with Robert Chabinga as leader of the opposition was subjudice because the matter relating change of PF office bearers is still active in court.
In another active case, Mporokoso Member of Parliament Brian Mundubile has sued Ms Mutti challenging her decision to replace him with Mafinga PF MP Robert Chabinga.
Mr Mundubile argues that Speaker Mutti’s decision to appoint Chabinga as leader of the opposition was illegal, irrational and procedurally improper, as she acted in excess of her powers and should therefore be declared null and void.
He now wants the court to stay the decision that was made by Speaker Mutti to replace him until Some few weeks ago, Institute of Law, Policy Research and Human Rights sued Ms Mutti in the Constitutional Court seeking interpretation of the constitutionality of her deicion to accept Chabinga as Leader of the Opposition.
(Mwebantu, Saturday, 25th November, 2023)
Zambian delegation explores business prospects in Italy with president Hichilema’s call for mutual collaboration
THIRTY-FOUR Zambian companies, facilitated by the Zambia Chamber of Commerce and supported by the Zambia Development Agency have engaged in a productive exchange of views on the business potential between Zambia and Italy in Rome.
And President Hakainde Hichilema has urged Italian companies to explore promising opportunities in various sectors, including agriculture, energy, mining, infrastructure, health, and tourism, all of which Zambia offers in abundance.
Emphasising the interconnectedness of the global community, President Hichilema encouraged businesses to collaborate beyond bureaucratic boundaries and segregation.
He stressed the crucial importance of fostering mutual partnerships benefiting both nations, leveraging advanced technology, innovative solutions, and accessible capital.
President Hichilema expressed optimism about tangible transactions resulting from the forum, inviting businesses facing challenges in setting up operations in Zambia to bring them forward for resolution.
“Recognizing that Italian businesses possess advanced technology and capital, while we boast critical mineral endowment, we emphasized the crucial importance of fostering mutual partnerships that benefit both countries, through top-notch technology, innovative solutions, and accessible capital,” he said.
(Mwebantu, Wednesday, 22nd November, 2023)