CHITA LODGE APPEALS AGAINST PROPERTY SEIZURE

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james chungu chita lodge

CHITA lodge has asked the Lusaka High Court to grant it permission to appeal against the dismissal of its application where it was seeking leave for judicial review challenging the seizure of its properties in Ibex Hill.

This is in a matter in which Chita Lodge Limited through its managing director, James Chungu  sued  the Drug Enforcement Commission (DEC) and the Attorney General  for allegedly seizing its property in Lusaka’s Ibex Hill on the premise that it was  owned by former Zambia Air Force Commander, Lieutenant General Eric Chimese.

Chita Lodge Limited argued that the seizure of the property was irregular, illegal, unfair and unreasonable as the said premises had never belonged to Chimese.

But on July 12, 2019, the Lusaka High Court issued an order where Chita lodge’s application for special leave to apply for judicial review was dismissed with costs.

No leave to appeal was granted to Chita Lodge on the said order.

However, in an affidavit in support of summons for leave to apply to Court of Appeal dated July 26 this year, Mr Chungu of subdivision 2303 Ibex Hill stated that he was the applicant in the matter and his application for judicial review was dismissed with costs and no leave was granted for him to appeal to the Court of Appeal.  Mr Chungu stated that Chita Lodge was dissatisfied with the decision and it was desirous of exercising its right of appeal, consequently it sought leave to do so.

He stated that the court dismissed his application on grounds that the applicant should have timely decided its fate instead of delaying the remedy of review on irregularities that its counsel was attending a conference and annual general meeting in Livingstone on unspecified dates, because the reason was not compelling.

Mr Chungu stated that the reason that Chita Lodge advanced was genuine and compelling as the court ought to have taken judicial notice of the fact that there was a Commonwealth Law Conference and Law Association of Zambia annual general assembly in Livingstone from April 8 2019 to April 13 2019.

He stated that chief justice Irene Mambilima had issued a memo suspending court proceedings during the said period to facilitate for advocates to attend the conference and annual general assembly.

Mr Chungu stated that in the light of the foregoing, he strongly believed that the court should have taken judicial notice of that and exercised its discretion to give him the benefit of doubt.

 “That this court should have taken the said circumstances and taken into consideration that the next available date he could have conferred with counsel was on 15th April 2019”, Mr Chungu stated.

Mr Chungu stated that the delay in filling the application was not deliberate and that the court ought to have taken that into consideration in arriving at its decision.

He stated that the intended appeal had merit and therefore, there was a great possibility that it would be sustained.

DAILY NATION

MOST USELESS AWARDS – Chishala

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Lusaka Voice Blogger of the month award Winner
award Winner

For the month of July 2019, the Anti-Corruption Commission (ACC) wins the award for the most useless public institution. It was a very closely fought battle with the Zambia Information and Communications Technology Authority (ZICTA), but ACC found some extra reserves in their tank over the last kilometre and won the Marathon of Uselessness.

The entire head of ACC comes on TV and starts saying things that can make you insult. She says that ACC has closed the 48 Flats case because the entire ACC with all the really smart people in it and government power backing them cannot trace anyone to charge with a crime. Hmmmm.

How about asking the 48 tenants to tell you who they have been paying close to K2 million per year in rentals? The names on the title deeds and utility bills may be useless, but whoever is receiving K2 million a year is surely the owner, or a front for the real owner, not so? I mean how can someone receive such large amounts of money and have nothing to do with the flats? I am 100% sure if they follow the money, ACC can also easily establish who built the flats.

So dear ACC, why don’t you drag whoever is collecting the K2 million to court and ask them to testify under oath? Even if the rentals are being collected by some shell corporation from Panama, they must be registered in Zambia with shareholders and directors listed at PACRA, not so? Why can’t these shareholders and directors be dragged to court where they shall sing like a Canary bird before a judge and we will get to know the owner of the 48 flats, who must have spent something in the region of K10 million to build them all? (Oh, and you might want to ask them where they got the K10 million.)

But as former President Kenneth Kaunda used to say, “Stupid question! Sit down!” The ACC employees would have to be complete and utter idiots not to ask such obvious questions and follow the money. They obviously did, and they have a nice fat dossier loaded with damaging incriminating information. Which then begs the question of what the hell is going on. Well, it’s very simple really.

ACC must be just following orders from “upstairs” not to go after the owner of the flats because he is “connected” to the top floor. This then begs another question. If the ACC employees are being hamstrung by the people from “upstairs”, why can’t they just leak the incriminating information to all the independent news outlets like The Voice, News Diggers, Lusaka Times, Zambian Watchdog or Zambian Observer? It’s not too difficult to go to an obscure Internet Café somewhere and create a fake email address and anonymously send documents with details. Or maybe send using the contact forms on websites. (Of course you have to be extra careful when getting digital copies of the documents because there are too many shushushus in these public institutions).

So, perhaps ACC should stop wondering why people have stopped reporting corruption cases to them. Maybe they should change their name to PCC; Pro-Corruption Commission.

And for this, PCC, sorry ACC, wins the “Most Useless Award” for July 2019.

Now to the runner up, ZICTA.

They deserve a special mention because of how they have sat with their arms folded, watching our data bundles being stolen by the Internet companies due to silly expiry dates. Never mind that the expiration for airtime was scrapped more than 15 years ago, but the ZICTA people failed to apply the same logic to data bundles, even though they themselves are victims. Maybe some clever chaps at these internet companies get the expired bundles and resell them to other people who also end up not using them completely and the expired data is resold and so on. Pretty clever scheme, hey? The lack of action all these 15 plus years forces the public to begin speculating that maybe there are large brown envelopes involved. Enough said.

So dear ZICTA, why did it have to take the entire Parliament to get you to do your job? You are paid so much money that you don’t even know what to do with it, so you end up buying the American Embassy for $5 million and you even begin extending such a massive building. Your colleagues at Bank of Zambia (BOZ) did the honourable thing by stopping the thieving banks from slapping us with silly charges for everything under the sun, including closing your account, or for having a negative balance due to the monthly charges. There is so much automation using computer servers that one wonders why we previously had to pay K20 to close an account, something that can be done in 5 seconds at the click of a mouse, or otherwise automatically done by software for accounts inactive for over 6 months. BOZ did not wait for Parliament to tell it to do its job.

And let’s not forget the utterly useless service from the likes of Airtel who also need a change of name to Airfail (or is it Airhell?). More than half of Airfail, sorry Airtel calls either cannot go through, are dropped or you cannot hear or be heard. It seems the fines the mobile companies paid earlier this year to ZICTA are pocket change. How about increasing the charges ten times?

It should’t be too difficult to get the Minister in charge of Communications (Hon. Mutotwe Kafwaya) to sign a Statutory Instrument (SI) to this effect since the minister is also a victim of this nonsense from the mobile companies. Or are you people at ZICTA again waiting for Professor Geoffrey Lungwangwa to do his thing again?

Another candidate worthy of mention for this award was ZESCO, who despite loadshedding the whole country for 4 hours a day still often cuts power for the whole day claiming “maintenance”. When being considered for the Most Useless Award, they failed to make the cut because of very strong competition from ACC and ZICTA.

#MostUselessAwardsZambia

By Michael Chishala —

P/S – If you have other worthy candidates in mind, you can drop me an email on michael [at] zambia [dot] co [dot] zm.

LUNGU APPOINTS A TEAM FOR SALE OF KCM

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President Edgar Chagwa Lungu has constituted a team to be led by Kantanshi Constituency Member of Parliament Anthony Mumba to be part of the Konkola Copper Mines negotiating team for the sale of KCM.

Mumba will be part of a team that comprises Government, some Members of Parliament, Union and Chamber of Commerce officials.

Minority shareholder, ZCCM-IH started the legal process to divorce Vedanta Holdings through a liquidation process.

The Court has since appointed a provisional liquidator, Milingo Lungu.

This is contained in a statement issued by State House on Sunday evening when President Lungu reshuffled his Cabinet and dropped the Minister of Finance, Margaret Mwanakatwe and appointed Dr. Bwalya Ngandu in her place.

Below is the full statement:

His Excellency Mr Edgar Chagwa Lungu Chagwa Lungu, President of the Republic of Zambia has appointed Bank of Zambia Deputy Govenor, Dr Bwalya Ng’andu as Finance Minister and nominated him to Parliament.
Meanwhile His Excellency the President has terminated the appointment of Hon. Margaret D. Mwanakatwe, MP, as Minister of Finance.
And his Excellency the President has revoked the nomination of Mrs Mumbi Phiri as Member of Parliament.
In a letter addressed to Dr N’gandu, dated 13th July, 2019, His Excellency the President writes, “ IN EXERCISE of the powers vested in me under Article 69(1) of the Constitution of Zambia, I hereby nominate you as Member of Parliament and subsequently appoint you as Minister in the Ministry of Finance, pursuant to Article 116(1) and (2) of the Constitution of Zambia. The appointment is with immediate effect.” 
Dr N’gandu will be sworn in tomorrow at 9:00 hours.
In a letter addressed to Hon. Mwanakatwe, the President thanked the Lusaka Central Member of Parliament for services rendered to the Government of the Republic of Zambia and wished her well in her future endeavours.
“ IN EXERCISE of powers vested in me under the provisions of Article 92 (2) (e) read with Article 270 of the Constitution of the Republic of Zambia and Section 26 of the interpretation of the General Provisions Act CAP 2 of the Laws of Zambia, I hereby terminate your appointment as Minister of Finance,” the letter from His Excellency the President, dated 13th July, 2019 to Mrs Mwanakatwe reads.

In a letter to Mrs Phiri, dated 13th July, 2019, “ the President writes that he has revoked her nomination as Member of Parliament with immediate effect.

And His Execellency the President Lungu has constituted a team to of Members of Parliament to be led by Kantanshi Member of Parliament Anthony Mumba to be part of the Konkola Copper Mines negotiating team that already comprises Government officials.
President Lungu says he wants transparency in the process and the team will also include unions and chambers of commerce.

Isaac Chipampe
SPECIAL ASSISTANT TO THE PRESIDENT
(PRESS AND PUBLIC RELATIONS)
STATE HOUSE

ANOTHER FEMALE BANKER STRIKES, STEALS K 500,000 FROM ZANACO

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THE Drug Enforcement Commission through its Anti-Money Laundering Investigations Unit in Eastern Province has arrested a former Zanaco female employee of Lundazi for money laundering activities involving over K500,000.

This is according to a statement made available to Mwebantu by DEC Public Relations Officer Theresa Katongo.

The suspect is identified as Phanny Chaponda, 34, of House No. RR 15, Kanjala Compound in Lundazi has been arrested for theft by public servant and money laundering, contrary to the laws of Zambia.

Particulars of the offence are that Phanny Chaponda on dates unknown but between 1st May, 2017 and 31st December, 2018 in her capacity as an Assistant Preferred Banker at Zanaco Lundazi Branch did steal K573, 910.50 which she fraudulently transferred from various dormant accounts into two accounts she had access to and later withdrew the funds via Automated Teller and Point of Sale Machines.

The suspect further bought two plots in Lundazi and built two houses on one of them. She also purchased a motor vehicle, a Toyota Allion ARB 3604 ZM and a 49 Inch LG LED TV.

Also seized during investigations are several accounts with about K170, 000.00 linked to this fraud.

The suspect has since been released on Police bond and will appear in court soon.

Margaret Mwanakatwe demoted.

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Hon. Margaret Mwanakatwe Minister of Finance
Hon. Margaret Mwanakatwe Minister of Finance

President Edgar Chagwa Lungu has dropped Finance Minister Margaret Mwanakatwe from her position.

He has since replaced her with Bank of Zambia Deputy Governor of Operations, Dr Bwalya Ng’andu.

President Lungu has also nominated Bwalya Ngandu as a Member of Parliament by revoking the nomination of Patriotic Front (PF) Deputy Secretary General Mumbi Phiri as member of Parliament.

Dr. Bwalya Ng’andu is a Doctor of Philosophy in Economics candidate.

He holds a Ph.D. in Applied Psychology from Cranfield University, UK and a M.Sc. in Ergonomics from The University of London as well as a BA in Psychology and Business from the University of Zambia.

Dr. Ng’andu is also a Zambian Rhodes Scholar.

He holds professional qualifications in a number of institutions, including: Fellow of the Chartered Institute of Bankers, UK; Fellow of the Zambia Institute of Banking and Financial Services, Fellow of the Zambia Institute of Human Resources as well as a representative of the Zambia stock exchange.

Until now, he held the position of Deputy Governor of the Bank of Zambia.

He has held various board positions across numerous sectors of the Zambian economy.

Beyond his board appointments he has held positions as: Chairman of the Banking and Finance Task Force, he has sat on the Lusaka Town Council, he served as President of the Zambia Institute of Banking & Financial Services and sat as a member of the executive committee of the Zambia Chamber of Commerce.

Dr. Ng’andu is well published in a number of commissions including: The Economic Commission for Africa, Caritas Zambia and The United Kingdom Commission for Africa.

I will not open CBU – Nkandu Luo

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“I WILL not open the Copperbelt University (CBU) until security measures are put in place,” Higher Education Minister Nkandu Luo has said.

Professor Luo said her ministry was first working at enhancing security before re-opening the university.

On April 5, 2019, Government closed CBU following riots by students which resulted in damage of both private  and University property.

The riots were as a result of students who had failed their continuous assessments
wanting to write examinations which is against the university regulations that
stipulates that students have to obtain at least 50 percent  pass of their continuous assessments before they could write examinations.

Prof. Luo said she would announce the date of re-opening the University in due course once security measures had been put in place.

She said Government had considered installation of CCTV, creation of perimeter fence and introduction of access cards as part of the security measures at the university which would also be extended to other learning institutions.

Daily Nation

CNN’s Inside Africa investigates the conservation of Zambia’s Black Rhinos

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conservation of Zambia’s Black Rhinos
conservation of Zambia’s Black Rhinos

This week on Inside Africa, CNN International visits North Luangwa National Park, the heart of Zambia’s black rhino conservation effort. There were once around 12,000 black rhinos in Zambia but the population was wiped out, with rhinos being declared extinct in the country in 1998. Since 2003, conservationists have been working hard to reintroduce the animals and are now discovering new ways to sustain their growing population. Rodgers Lubilo, the Natural Resources Community Manager at North Luangwa, tells the programme about Zambia’s love for the black rhino, “We have missed the black rhino in this country. And that’s why what we are doing in North Luangwa is loved by everybody because we are getting back the species that everyone wants to see.”

Ed Sayer, the programme manager at North Luangwa, tells CNN about Zambia’s place in African rhino conservation, “There’s approximately 20,000 white rhinos in Africa, and less than 5,000 black rhinos. That’s the major difference. Zambia we’re still minnows in the black rhino world. The leading countries are South Africa, Zimbabwe, Kenya, and Namibia but we’re coming up. Now we’re siting between 50 and 100 [black rhinos] today.”

The conservationists are dedicated to their work, using a mixture of technology and on-foot tracking to cover the 22,000 square kilometre park. Sayer explains how demanding the typical schedule is, “The aircraft will be in the air three, four times a week, and the scouts on the ground will be out all day every day. There’s a rotation, so once one team comes out, another team comes in. It’s relentless, it’s nonstop.”

With so much land to cover, and a constant rotation of staff, over 400 scouts are employed from the local area to protect the wildlife on the ground. Sayer describes the importance of employing local people, “The best way to protect this area is through the people and we really try hard to ensure that all scouts that come and work here are employed from their local communities. It’s that sense of ownership and that sense of pride which we have to just maintain and ensure that people remain involved to kind of manage these areas sustainably.”

Another important part of North Luangwa National Park’s local impact is their educational programme. Since it started in 2003, it has reached around 2,500 children. Inside Africa meets Michael Eliko, a conservation education officer, who talks about why education is such an important part of the park. He says, “The young generation are the future leaders. Because if we teach them, we show them real animals in real life, it will be easy when they grow up to conserve without waiting for someone to ask them to do that, because they will grow up with that love.”

The conservation at North Luangwa National Park is important for the local area, for Zambia as a whole, and for black rhino numbers across the world. Rodgers Lubilo emphasises his own feelings about the project, “Personally for me it’s something that I’m ready to die for. We feel so proud. We are excited and it’s encouraging and we just hope that others can one day have one opportunity to see the black rhino.”

CNN’s Inside Africa

#yellowcard Friday – Pilato

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Today we have people that love their political parties and not the country. People who love political power and not political responsibilities. To them it’s about winning elections at any cost even if it means losing the country. They just want power and more power because at this point, it is the only thing that will keep them away from prison.

I have looked at the constitution amendment Bill and it’s really disturbing. The constitution is the Bible of a country if it is corrupted, then it legalises the corrupt behaviour of the people. In this case, the Patriotic Front want to use the constitution to legalise the illegal. The issue of the constitution is not a PF issue, it is a national issue and it is up to us the people to defend it. Their insistence on bringing the deputy ministers is stupid and retrogressive. The idea of coalition government in the event that there’s no outright winner is also backwards because our democracy is presidential. It is not parliament that decides who becomes president of the country but the people.

My fellow citizens, this is not a battle between the UPND and PF, this is about the soul of this country. This is about the now and the future of this country. Stand up and protect the constitution now. Raise your yellow card to protest the raping of the constitution.

A woman runs away with money, receipt books

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Another woman runs away with money and receipt books from Zam leather.

A sales administrator at Zamleather identified as Mundia Mwandawande Tembo has run away with an undisclosed amount of money and receipt books.

Zamleather is a subsidiary of Zambeef and manufactures quality leather shoes “Zamshu”, soccer boots named “Kaleza”, bags and leather coats.

There has been a spate of cash robberies by women with Pamela Gondwe leading the highest heist with $400,000.00 cash she stole from Barclays Bank.