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State asks Concort to dismiss Sean Tembo petition on HH’s foreign trips



THE ATTORNEY General has urged the Constitutional Court not to entertain a petition in which Sean Tembo is challenging the President’s foreign trips, which he feels are a waste of public resources.

Attorney General Mulilo Kabesha has instead asked the court to dismiss the petition because it is frivolously without merit and the petitioner is not entitled to the reliefs he is seeking.

Mr Kabesha said the lawsuit should be thrown out of court because contrary to Mr Tembo’s assertions that the trips are wasteful expenditure, President Hakainde Hichilema’s foreign trips have yielded positive investment results as seen by commitment pledges from different investors.

He submits that President’s trip and interactions in the United State of America, December 2022, which resulted in the signing of grand financing amounting to US$8 million from the Millennium Challenge Corporation.

This is in a case the Patriots for Economic Progress (PeP) president seeks an order that President Hichilema be cited for abuse of authority of office and waste of public resources through the undertaking of numerous unnecessary foreign trips.

Mr Tembo alleges that the 49 trips so far undertaken by Mr Hichilema, have not brought any visible benefit to the nation but personal gain and were a major drain on public coffers.

He also seeks a declaration that the continued insistence by the President to undertake foreign trips at an extremely high rate amounts contravenes Articles (198) (b) (iii) and 198 (d) of the Constitution.

But in an answer to the petition, Mr Kabesha says the petition is frivolous and vexatious.

“The respondent avers at the onset that the petition is frivolous and vexatious as the functions of the President are conferred by the constitution itself under article 92.

“The Constitution, under article 274, clearly stipulates that a function conferred in the Constitution may be performed as occasion requires, and the same is true for the trips the President has understatement thus far,” he says.

Mr Kabesha further argues that there is no number of prescribed foreign trips a President must undertake in any given calendar year because the trips are determined by the number of factors such as diplomatic relationships and ties, attendance to international and regional meetings and summits to which Zambia is a party such as Southern African Development Community.

He says the President also has to travel and attract foreign investment in key sectors of the economy, promote bilateral and multilateral relationships amongst member states.

“The function of the President under article 92(1) (c) include negotiating and signing of international agreements and treaties, a function which is planned budgeted for and adequately founded as per article 265 of the Constitution,” he submits.

Mr Kabesha dismissed allegations of waste expenditure arguing that each function and a portfolio of government is budgeted for and approved by the National Assembly.

“The President’s visit to Congo renewed Zambia’s commitment to export maize and maize products, as well as other agricultural commodities to the DRC, the actualisation of this agreement will help commercialise different value chains, and provide an alternative market for Zambian producers,” he submits.

“The investment realised from the president’s foreign trips forms part of the treasury and promotes the equitable development of the country”.

(Mwebantu, Thursday, 28th September, 2023)


Ndola teacher dragged to court for alleged rape on pupil



A Ndola teacher has been dragged to court for allegedly sexually abusing a grade 11 pupil at a school he teaches.

David Kunda aged 31 is alleged to have lured the victim to his office where he sexually abused her.

The incident is alleged to have occurred on September 28th, this year at around 21:00 hours at the school premises.

When the matter came up for before Ndola magistrate Brian Simachela, Kunda denied the accusations.

It is alleged that on the material date, the victim had gone to accused’s office to call her parents.

It was heard that after the call, when the pupil wanted to walk out from the office, Kunda allegedly locked the door and raped her.

The victim then reported the incident to other teachers the following day.

However, after denying the allegations, the matter was adjourned to December 14th for commencement of trial.

Before it’s adjournment, advocate representing the accused , Kenneth Tembo applied for bail pending trial.

Magistrate Simachela granted bail of K25,000 in accused’s own recognisance and ordered that he also bring two working surieties from well known institutions.

(Mwebantu, Thursday, 30th November, 2023)

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LAZ strongly condemns brutal attack on Its member at High Court



THE Law Association of Zambia (LAZ) has condemned the thuggery and barbaric behavior that unfolded at the High Court yesterday, where a lawyer, Linus Eyaa, was physically attacked by aggrieved members of the public.

In a statement LAZ president Lungisani Zulu said the Association has established that Mr Eyaa was merely discharging his role as a Legal Practitioner in line with the provisions of the Legal Practitioners Act, Chapter 30 of the Laws of Zambia, when he met the unfortunate fate, from an opposing group in the case involving Money Grow Cooperative.

He reminded members of the public of the critical role lawyers play in the development of society, in line with every lawyer’s statutory mandate.

Mr Zulu said acts of physical violence against members of the legal profession are inimical to the advancement of the public interest, which lawyers advance.

He said lawyers have always stood and continue to stand on the side of society, even offering pro bono services to indigents.

“That the unfortunate incident happened in the precincts of the High Court, which are considered as a “holy ground of justice” makes the incident more distressing and any efforts by any citizens to take the law into their own hands deserves condemnation in the strongest terms, by all well-meaning citizens,” he said.

Mr Zulu has since commended police for its quick action in saving the lawyer.

“We are happy to also learn that six suspects of the violence have since been arrested by Kabwata. Police and now await subsequent court appearance to answer for their irresponsible actions,” he said.

(Mwebantu, Thursday, 30th November, 2023)

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Justice for girl killed by 10 dogs starts



A FARM director whose 10 vicious dogs mauled a 13-year-old girl to death has been charged with manslaughter and appeared before the Lusaka Magistrate’s Court.

Last month, Shim Yaming’s dogs attacked and killed Sharon Banda, 13, who is the daughter of the accused’s person’s farm worker who lives within the ranch.

The incident happened around 05:00 hours when the victim went outside to use the toilet only to be attacked by the vicious beasts belonging to Shi of New Kasama.

Police visited the scene and discovered the dead body of the girl lying on the ground with multiple dog bites all over the body.
The victim’s father Allan Banda, 43, a poultry man at the farm, told police that his daughter was bitten and died on the spot as she sustained deep cuts all over her body.
Shi, 40, was later detained and slapped with the offence of reckless and negligent act and police later terminated some of the dogs which attacked the girl.

Yesterday, the accused appeared before the Lusaka Magistrate’s Court charged with manslaughter.

Allegations are that on November 8 this year, Shi did cause the death of Sharon.
The case was allocated to magistrate Mwandu Sakala.

The Director of Public Prosecutions is supposed to issue a committal later so that the accused in the matter is taken to the High Court for trial since the offence he is facing can only be tried in a higher court.

(Mwebantu, Thursday, 30th November, 2023)

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