GOVERNMENT says it has no hand in the escape of Petauke Central Member of Parliament Emmanuel Jay Banda.

This is after his mother, Grace Banda made allegations against Government, demanding it to bring back her son.

However, Minister of Home Affairs and Internal Security Jack Mwiimbu said Government is not involved and has advised Mrs Banda to appeal to her son to surrender himself to the State.

“The Government of the Republic of Zambia through the Ministry of Home Affairs and Internal Security has noted that one Mrs Grace Banda, the mother of fugitive Petauke Central Member of Parliament Emmanuel Jay Banda did Address the media on Monday, Second of September, 2024.

“Among several issues she raised, she appealed to Government to stop detaining sisters and friends to Hon Banda, confiscating their phones and destroying their buildings,” he said.

Mr Mwiimbu said the remarks were very unfortunate and largely misdirected.

“Whie she is right to say that her son was in lawful custody, she is not right to insinuate that Government is keeping her son elsewhere. We would like to respectfully remind her that her son, Honourable Emmanuel Jay Banda did actually escape from lawful custody.

“It should be put on record that Government has no hand in the escape from lawful custody of Hon Emmanuel Jay Banda,” he said.

Mr Mwiimbu advised Mrs Banda to make an appeal to her son to surrender himself to the State.

(Mwebantu, Friday,  September 6th, 2024)

FORMER press aide in the Chiluba administration Richard Sakala has sued the State demanding US$5million compensation over malicious prosecution and detention over a case which occurred over 20 years ago.
Mr Sakala wants the court to rule that he deserves to be paid consequential damages for the period of detention before and after conviction, a period of five years less remission, amounting to the sum of US$5 million.

He wants an order that the criminal prosecution on him and subsequent conviction by the magistrate’s court, on March 5, 2004, and any ensuing decisions on appeal in the said proceedings was illegal.

Further, he seeks an order that the actions of the Republican President, the late Levy Mwanawasa at the time, to override the decision of the Director of Public Prosecutions (DPP) was illegal.

It is alleged that the President, then, Levy Mwanawasa, directed the withdrawal of the private prosecutor for the taskforce on corruption, Mr Mutembo Nchito, from prosecuting the criminal case against Mr Sakala.

The petitioner further alleges that the President then reinstated Mr Nchito to the criminal case against him (Mr Sakala), decisions he says should be declared illegal for violating the provisions of the Constitution.

Mr Sakala submits before the Constitutional Court that about April 17, 2002, he was arrested by the Anti-Corruption Commission and charged with four abuse of authority counts.
Subsequent to the arrest, the petitioner was released on police bond but was told to appear before a magistrate on April 24, 2002.
“On April 23, 2002 , the then DPP Mukelabai Mukelabai, in exercise of his constitutional powers, granted consent for the prosecution of the petitioner for three counts of abuse of authority but entered a nollie prosequi on one charge of abuse of authority and discontinued the count”.

Mr Sakala submits that on August 7, 2002, while on bail pending trial, he was arrested and detained at PHI police post by the Task Force on Corruption set under the ACC.
He says eight days later, without appearing in court, the dealing magistrate Faides Hamaundu transferred him to Kamwala remand prison where he remained incarcerated for the entire duration of his trial and subsequent imprisonment.

Mr Sakala submits that the DPP directed the private prosecutor for the taskforce on corruption Mr Nchito to withdraw from prosecuting the criminal case against him.
Aggrieved with the DPP’s decision to direct withdrawal of the private prosecutor, Mr Mwanawasa was alerted about the development.

“On December 16, 2003, in a letter to the executive chairman of the Taskforce, President Mwanawasa did override the decision of the DPP to direct the withdrawal of the private prosecutor for the taskforce on corruption Mr Mutembo from prosecuting the criminal case against Mr Sakala”.

The petitioner says despite these illegalities and irregularities, the criminal proceedings went ahead at the instance of the taskforce.

On March 5, 2004, the petitioner was convicted on all six charges and sentenced to a cumulative term of 11 years with hard labour of which he served three and a half years in prison which was upheld on appeal.
“The petitioner served five years imposed less remission for good conduct”.

(Mwebantu, Friday, September 6th, 2024)

GOVERNMENT has expressed disappointment over a press release allegedly by the United Nations Human Rights Commission (UNHRC) special rapporteurs and was sent to the country’s Embassy in Geneva, Switzerland.

The press release, however was sent under the tag name “Zimbabwe”, insinuating that it was for that country , but was instead sent to the Zambian Embassy.

Chief Government spokesperson Cornelius Mweetwa says in view of the foregoing, Government will lodge a formal complaint to the UNHRC about the manner in which the press release was published.

Recently, a press statement alleged to have been issued by UNHRC special rapporteurs was circulated in which they alleged various human rights violations.

However, speaking during a press briefing Mr Mweetwa said Government further regrets having attributed the report of the allegations to the UNHRC, which has not produced any such report about Zambia.

“Government wishes to express disappointment that the press release was sent to the Zambian Embassy in Geneva, Switzerland on Wednesday 28th August, 2024 after our official working hours at 17:31 hours and was published the following morning, giving the Ambassador no opportunity to clear the statement,” he said.

He noted that Government has learnt that the email, through which the press release was relayed to the Embassy, was also under a wrong subject tag showing that the statement was about Zimbabwe.

The Chief Government spokesperson said this made the Embassy staff fail to recognise the urgency and importance of the email.

Mr Mweetwa said further, the email did not ask for clearance of the press release ,but was only informing the Embassy that a press release was being published the following day.

“For avoidance of doubt, it was expected that the Government of the Republic of Zambia would respond to the Special Rapporteurs allegations within the allotted time, before making the allegations public. This is a standard procedure that has been followed over the years. The allegations have to be responded to and, where necessary, an independent inquiry conducted before a report is produced and submitted to the UNHRC,” he said.

The Zambian Government finds it disturbing that the Special Rapporteurs issued a media statement without following the laid down procedure of giving the affected State an opportunity to clear the statement before being released.

(Mwebantu, Tuesday, September 3rd, 2024)