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Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.
MAY REVIEW
The murder case of late retired Zambia Air Force (ZAF) commander, Ronald Shikapwasha, made interesting headlines following revelations of his alleged adulterous lifestyle, earning him 12 illegitimate children.
THE PEOPLE VS RAPHAEL NAKACINDA
Outspoken opposition Patrotic front (PF) Secretary-General, Rapheal Nakacinda, spent about 12 days in prison after the Lusaka Magistrates’ Court sentenced him to 18 months for defaming President Hakainde Hichilema for a criminal offense that the president abolished in 2022.
In December 2021, Nakacinda alleged that President Hichilema had summoned judges to his residence to intimidate and coerce them into passing judgments favourable to him in legal battles with the Patriotic Front.
Magistrate Irene Wishimanga, however, said the convict’s statement was a direct assault on the judiciary.
She added: “Politicians have a tendency to deride judges and Magistrate when they pass a decision against them without exercising their mind to the decision made in the matter before court and not the executive.
“Our judiciary is an arm of the government that is supposed to be respected by everyone and that it makes decisions that are independent of organ of government.”
Nakacinda was released on K80,000 bail pending determination of his appeal against the judgement before the Lusaka High Court.
THE PEOPLE VS AMOS CHANDA
Amos Chanda, a former Presidential Press Aide in the Edgar Lungu administration, was back in prison after the Lusaka Magsitrates’ court found him guilty of stealing court documents, which he is said to have later destroyed.
Chanda was sentenced to 12 months in jail with hard labour and also fined K5,000 for destroying the case record.
It was alleged that Chanda, between May 12, 2020, and October 1, 2022, acting together with others unknown, stole a case record number CRMP/001/2020, a property of the State which he later burnt.
The missing record pertained to the matter in which the Director of Public Prosecutions (DPP) entered a nolle prosequi where Chanda was jointly charged with Intelligent Mobility Solutions Board Chairman Walid Ei Nahas and former Road Transport and Safety Agency (RTSA) boss, Zindaba Soko, for corrupt practices and possession of property suspected to be proceeds of crime.
He appealed against the judgement in the High Court and is on bail.
Chanda submitted in his five grounds of appeal, that the subordinate court misdirected itself in law when it convicted him of the offence of theft and destruction of evidence.
This was based on the fact that there was sufficient evidence tendered by the prosecution warranting the conviction
THE PEOPLE VS JANE LUSENGO
Late Zambia Air Force (ZAF) commander, Ronald Shikapwasha’s killer, his widow, Jane Lusengo, appeared in the High Court and denied committing the murder.
His daughter, born out of wedlock, Vannessa Shikapwasha, was first to testify confirming the abusive nature of her father. It was revealed that Shikapwasha had fathered 12 illegitmate children in his 46 years of marriage to Lusengo.
He was also alleged to have fathered twins in Tanzania and other children in Mozambique and Rwanda. It was also revealed that at the time of his death, a woman called Prisca Daka, aged around 71, alleged to be his girlfriend was living in the cottage.
There was also evidence by the daughter, that the accused had confessed that she may have murdered Shikapwsaha.
Vanessa also told the court that the father had confessed before dying, that the promiscuity of the accused had led to his death.
She told the court that she had never witnessed her father beating the accused but was told so by Milika, also a stepdaughter to the accused.
The court further heard that Shikapwasha never wanted his wife to move without him, to the extent of following her to kitchen parties, details Vanessa confirmed to be true.
The matter is before Judge Conceptor Chinyawa-Zulu.
THE DPP VS ESTHER LUNGU
Trial in the matter in which the Director of Public Prosecutions (DPP), Gilbert Phiri applied for the Non-Conviction Based forefeiture order of Former First Lady, Esther Lungu’s 15 double-storey flats, came to a conclusion.
The Economic and Financial Crimes Court set August as the month in which it will render judgement on the matter. According to the notice for forfeiture of the property,
Drug Enforcement Commission (DEC) senior investigations officer, Emmanuel Khondowe, contended that the former First Lady’s known income was significantly lower than the value of the properties in question.
Khondowe submitted that the former First Lady’s income and expenditure between August 1, 2012 and August 16, 2022, revealed an income of K3,104,487.14 against an expenditure of K2,511,117.09, with a variation of K593,370.05.
THE PEOPLE VS BURTLER SITALI
Former Energy Regulation Board ( ERB) Chief Executive Officer, Butler Sitali, was acquitted of corruption charges.
He was accused of corruption by offering bribes to former office assistant at ERB between July 2011 and September 2014.
Trial in the matter had reached defence and the state made an application before magistrate Sylvia Munyinya to withdraw all charges against the accused pursuant to section 88( a) of the criminal procedure code.
Sitali was alleged to have engaged in corruption by corruptly offering and giving K500 cash gratification to a public officer, Emmanuel Mengo.
Mengo is an office assistant at ERB and the money was allegedly a reward for him to obtain 45 documents from ERB for Sitali.
Among the documents were ERB financial reports, ERB board paper on the revision of board allowances dated July 2011, minutes of the 24th meeting of finance, human resource and administration board held on June 17, 2011 and ERB interim performance management board allowances for July 2011.
Others are ERB proposal to change effective date of salary adjustments- renumeration policy, July 2011, ERB 2013 telephone directory for members of stuff and agenda for the 3rd administrative board meeting of 2011 of the members of the ERB.
Sitali had denied having stolen the said documents and said his dismissal in 2011 was politically motivated.
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