Dalitso Lungu seeks to set aside motor vehicles forfeiture proceedings 

By GRACE CHAILE

FORMER President Edgar Lungu’s son, Daliso Lungu, has asked the Economic and Financial Crimes Court (EFCC) to set aside the proceedings in which the Director of Public Prosecutions (DPP) is seeking an order for the forfeiture of his 48 motor vehicles valued at K23 million and real estate properties to the State.

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This is a matter in which the DPP, Mr Gilbert Phiri, filed a notice of motion for a non-conviction forefeiture to the State of the properties belonging to Mr Daliso Lungu and his company, Saloid Traders Limited, allegedly believed to have been acquired through proceeds of crime.

But Daliso’s lawyer, Isaac Simbeye of Messrs. Malisa and Partners Legal Practitioners has filed an affidavit in support of summons to set aside originating process for irregularity and to expunge paragraphs of the affidavit for noncompliance with mandatory rules of Court.

Mr Simbeye contended that the “originating notice of motion” filed into court by the DPP substantially suffered from the prescribed originating notice of motion both in form and substance.

He noted that the purported document notice of motion’ does not have the words “Republic of Zambia” nor “Originating Notice of Motion” among other irregularities.

“That the present application is launched seeking an order that the entire process commenced by the DPP be set aside for irregularity and that the cited paragraphs of the affidavit and the uncertified exhibits be expunged for violating mandatory rules of court guiding the preparation of affidavits,” he submitted.

Mr Simbeye contended that should the court find that the document completely departs from the prescribed form, it lacked jurisdiction due to wrong mode of commencement. 

He said in the alternative, should the court find that the non-compliance with the prescribed form from originating notice of motion on the part of the DPP was a mere irregularity, then it should be ordered that it is set aside for irregularity.

Hearing of the application is set for October 25, 2023.

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‘Nkwazi not underdogs’ 

…Mutapa says as he declares his charges game for Zesco 

By MICHAEL MIYOBA

HIGH Flying Nkwazi FC coach Osward Mutapa says the Zambia Police-sponsored Super League outfit are not underdogs as they host Ndola giants Zesco United in today’s MTN/FAZ Super Leagues Week-3 fixture at Edwin Imboela Stadium in Lusaka.

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After starting the new season with an exciting victory over Konkola Blades, High Flying Nkwazi FC will fight to protect their unbeaten run when they host Goerge Lwandamina’s boys who are also unbeaten and dominate the MTN/FAZ Super League table with four points from two games.

Speaking in a pre-match interview, Mutapa said Nkwazi are ready for the Ndola giants and have what it takes to reign supreme when the two sides do battle.

“We may be underdogs to some people out there but we are not underdogs. Yes, Zesco have a good squad and they have beaten us in the past but we can also beat them and like I said we have the players who can compete to get a win against Zesco United,” Mutapa said.

Meanwhile, Napsa Stars will seek their first win of the season when they host Kansanshi Dynamos after recording defeats in the first two games against Zesco United and Green Buffaloes respectively.

“It is very important for us to get a positive result in this match. We know that we need to start winning games. A win would give us a lot of confidence and momentum, and it would put us in a good position,” Napsa Stars gaffer Perry Mutapa said.

At Nkana Stadium in Kitwe, newly promoted Trident FC will welcome Sensational Zanaco FC who are still searching for their first victory after picking two consecutive draws. 

The clash which will be the second fixture of the double header at Nkana Stadium promises sparks as Trident will be aiming to bounce back from last weekend’s loss to Kabwe Warriors as they also search for their first win in the Super League.

In the lunch time kick off at the same venue, “Mighty” Mufulira Wanderers will take on rejuvenated Kabwe Warriors who started the season with a 1-0 defeat to Forest Rangers before bouncing back with a 2-1 win over Trident.

At independence Stadium in Choma, struggling Nkana FC who fired coach Beston Chambeshi following two consecutive defeats will face winless Green Eagles who have started the season with two consecutive draws against Konkola Blades and Mutondo Stars.

After starting the season with draws against Prison Leopards and Zanaco, CAF envoys Power Dynamos and FC Muza will continue their search for a win when they face Konkola Blades and Mutondo Stars respectively.

Tomorrow’s Super League action will see ABSA Cup champions Forest Rangers taking on Red Arrows while Leopards will host rejuvenated Green Buffaloes in Kabwe.

Full fixtures:

Nkwazi vs Zesco United 

Mufulira Wanderers vs Kabwe Warriors 

Green Eagles vs Nkana

Konkola Blades vs Power Dynamos 

Muza vs Mutondo 

Napsa Stars vs Kansanshi Dynamos 

Trident vs Zanaco. 

Tomorrow: 

Forest Rangers vs Red Arrows 

Prison Leopards vs Green Buffaloes.

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SHAMBOLIC ZIM ELECTION

IF there were any doubts about the Zimbabwe election, these have now been settled by the report of the Zimbabwe Council of Catholic Bishops, who have called for an audit because of the many irregularities experienced.

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These irregularities had nothing to do with whether there were external influences by the so-called imperialists. 

The irregularities were a result of sheer incompetence or indeed deliberate manipulation to disenfranchise a large number of people, especially in the opposition strongholds.

The very fact that independent observers were arrested and their equipment confiscated to prevent transparent and alternative observation of the disaggregated voters, derived from an equally faulty voters’ roll invalidated the credibility of the entire exercise.

In a statement, the Catholic Bishops admitted that there were many challenges regarding the administration of the elections, which included among other things, the unavailability of voting materials in some polling stations.

Voters could not find their names on the voters’ roll and more insidiously, they noted, there were groups of people who mounted exit poll survey desks near polling stations and distribution of campaign regalia to voters at polling stations, all this contrary to electoral laws.

Worrying in some communities, they noted was the distribution of material discouraging people to go and vote.

In the spirit of peace and love after election, they called upon all the aggrieved parties to seek redress through legal procedures.

Indirectly referring to ZANU-PF and Police disruption of opposition political rallies and gatherings, the Bishops categorically stated that these actions violated the right to association as enshrined in section 58 of the constitution.

More importantly, the Bishops called for respect for international observers and let their objective assessment of the election “Help us as a nation to correct ourselves and move on. Their input should enrich us and act as a light showing the nation, where corrections are needed.”

The Bishops have called for peace and serious introspection as the matters raised by the polls are resolved through the various redress processes.

Therefore, the attacks on external forces, including the influence of imperialism is far from the malaise that visited the polls, which shortcomings must be addressed objectively.

It is understandable that the observer mission has created consternation as it has departed from the normal reports that often fail to address real issues that elections, including our own in Zambia, face. 

Hence, an observer mission to Zambia made very little mention of the violence that accompanied the 2021 elections, including the fact that observers were chased out of polling stations in some parts of the country.

Not only that, video evidence is available indicating a high level of manipulation and tampering of votes at polling stations, which the observers were aware of but chose to ignore in their final reports.

The SADC report must be commended for being brave, forthright and above all, objective in identifying factual infringements that hopefully, the legal process, which the Bishops have recommended, will examine to ensure that future elections are not marred.

Time must come for Africa to realise when the vote counts.

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ZRA impounds carton boxes of matches valued at US$30, 000

By NATION REPORTER 

THE Zambia Revenue Authority (ZRA) has unearthed a transit fraud scheme involving a truck with a 40-foot container load of safety Match which was loaded with about 2, 923 cartons of match boxes with estimated taxes pegged at K600,000.

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ZRA Corporate Communications Manager, Oliver Nzala said the 40-foot container was carrying match boxes with guaranteed taxes in Tanzania that were declared at an equivalent of US$30000.

Mr Nzala said acting on a tip off from the public, ZRA officers incepted the empty truck along Great North Road after the cartons of match sticks (matches) had been off loaded in Kabwe. 

Mr Nzala said the match stick boxes were purported to be transiting to Zimbabwe from Nakonde when in fact were destined for Kabwe at a known business premise.

He said the driver of the intercepted truck led ZRA officers to the place where the boxes of Safety Matches were offloaded and verification by officers revealed that the boxes of safety Matches were clearly marked as specifically manufactured for the market in Zambia, on behalf of a named Kabwe based company.

Mr Nzala said the officers also found a broken ZRA seal at the premises of the importer in Kabwe where the declared transit consignment had been off loaded.

He said the incident being a clear case of transit fraud, ZRA impounded the truck bearing registration number AJE 6994 (horse) and ALC 9051T (trailer).

“Transit fraud was one of the many schemes used by smugglers to evade import duties and taxes associated with importations,” he said.

Mr Nzala said ZRA has continued to explore different technology initiatives like the use of Non-Intrusive Inspection that enables inspection of cargo without unloading and everything in an effort to reduce on leakages that continue to frustrate mobilization of revenue.

He encouraged all taxpayers to pay their fair share of taxes and remain complaint with tax laws in order to avoid punitive enforcement measures including prosecution and forfeiture of vehicles conveying smuggled goods to ensure that there is fair competition by traders within the various sectors.

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FRA begins paying cash to farmers 

to attract them to sale their maize to the agency and prevent them from being manipulated by briefcase grain buyers

By NATION REPORTER 

THE Food Reserve Agency (FRA) has started paying cash upon delivery to farmers who have sold their maize to the agency. 

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FRA board chairperson Kelvin Hambwezya has revealed that the decision was arrived at because it had been observed that farmers in some areas were selling their maize at a lower price due to the fact that they were being paid cash immediately.

Mr Hambwezya said the move was necessitated to enable the FRA favourably protect farmers from making losses as they sell their crops.

He said buying cash from the farmers would ensure that farmers get value for their maize and result in the Agency adequately replenishing National Strategic Food Reserves.

“This decision will also enable farmers prepare for the upcoming farming season and pay for the FISP programme that is already in progress countrywide,” he said. 

Mr Hambwezya said FRA was confident that the initiative they have made would boost agricultural productivity during the coming farming season which would result in sustained National food security.

He also said the intervention measure has been made to respond to the current market dynamics and ensure that farmers get their money on time.

Mr Hambwezya also said the FRA shall continue ensuring that sufficient marketing prerequisites such as empty grain bags are made available for this exercise so as not to inconvenience farmers.  

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Kabesha revives Munali School land wrangle

By GRACE CHAILE

THE Attorney General, Mulilo Kabesha, has filed a lawsuit against alleged illegal occupants of the Munali School land, asking the High Court to set aside the consent judgement dated August 21, 2021, which declared them legal owners of the land in question.

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In a statement of claim filed in the Lusaka High Court, Mr Kabesha states the 14 plaintiffs cited in the matter illegally occupied the land popularly known as the Munali Tunduya Land.

He contended that there was misrepresentation of facts in the manner in which the consent judgement was entered into under the cause no.2020/HP/0277.

 Emmanuel Mulenga, Yvonne Sinkala, Charity Muzala Mututubanya, Makasa Jere, Nanyatonya Ngambi, Friday Sikazwe, Moses Lungu and Maureen Lukoba cited as first to eighth defendants.

Others are Patheni Chama, Roy Mambilima, Mwendabai Hazele, Joseph Chewe, Agness Phiri and Bernard Nshindo

Mr Kabesha who is also claiming damages state that on September, 2017, the Ministry of General Education wrote to the Lusaka City Council (LCC) to re-plan stand no.7425 which houses on it the following schools: Munali Boys Secondary, Munali Girls secondary, Tunduya Primary, Kaunda Square Secondary, Mumana and School of Excellency.

“Instead of partitioning the land among the schools therein, the LCC went further to create residential and commercial properties on the said piece of land and offered the same to the defendants. On 2019, Lusaka Province minister having realised that the school land was encroached upon, ordered for the demolition of structures that were built on the school land,” he said.

He stated the defendant’s challenged the demolition exercise by filing a lawsuit against the State and LCC.

Mr Kabesha said the parties settled the matter by way of consent judgement in which it was agreed that the defendants were legal owners of the land the Lusaka Province minister alleged was occupied illegally.

He said the Ministry of Lands was directed to proceed with the issuing the defendants with offer letter and subsequent certificates of title as was recommended by LCC.

And that the State and LCC would pay the defendants K150, 000 as compensation for the demolished structures.

“That the 4th, 5th and 9th plaintiffs who were never part of the court proceedings but that had their names added to the list of plaintiffs by Mr Emmanuel Mulenga, the then PF ward chairman. The 4th and 5th plaintiffs were shocked that their names were used to obtain the said judgement,” he said.

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Over 1, 300 Chirundu households to benefit from food security pack

CHIRUNDU District Community Development Officer Moffat Ng’uni says the government has made progress in the procuring of farming inputs in readiness for the implementation of the rain-fed cropping component of Food Security Pack (FSP) programme for the 2023/2024 farming season.

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Mr. Ng’uni said the government through the Ministry of Community Development and Social Services (MCDSS) says 1,365 households will benefit under the 2023/2024 farming season in the district.

ZANIS reports that Mr. Ng’uni explained that the Food Security Pack for the 2023/2024 farming season will comprise Compound D Fertiliser, Urea fertilizer and Cereal seed either Maize, Rice or sorghum.

He added that the farming inputs will also have legume seed among them Beans, Groundnuts or Soya beans respectively.

Mr. Ng’uni was speaking during community sensitization in Ng’ombe Ilede Ward, Nkandabbwe Ward, Sikoongo Ward and Lusitu Ward respectively on the new guidelines on the implementation of the programme for 2023/2024 farming season.

The Chirundu District Community Development Officer pointed out that there is a Agriculture Insurance Component laid out for 100,000 beneficiary households should they be affected by the effects of Climate Change in the districts.

Mr. Ng’uni added that this is applicable to districts where the early warning systems report has been compiled by the Disaster Management and Mitigation Unit (DMMU).

He said his office will monitor and facilitate the identification, selection and training in the best agronomical practices for the households that will be supported under Rain – fed Cropping component during the 2023/2024 farming season.

Mr. Ng’uni said under the new guidelines for the programme, his office has been instructed to allocate a minimum of 100 food security packs per Community Welfare Assistance Committee (CWAC), in order to maximize on the impact of the programme to the household beneficiaries.

He said this is expected to translate into enhanced impact, ease programme implementation, monitoring and also to constitute a sufficient pool of paybacks in order to implement meaningful and sustainable community projects.

And speaking at the same meeting, Senior Headman Sikoongo implored Community Welfare Assistance Committees (CWACs) to be impartial in the selection of household beneficiaries so that only eligible people are enlisted.

The traditional leader said time has come for Zambians to embrace a culture of doing things correctly without using underhand methods as was the norm previously. – ZANIS.

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Publicise list of KCM, MCM prospective mining investors – unions

By ROGERS KALERO

MINE workers unions have urged government to avail them with the list of investors prospecting to invest in Konkola Copper Mines (KCM) and Mopani Copper Mines (MCM) to know their reputation and capacity to move the Zambian mining industry from its operational doldrums.

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National Union of Miners and Allied Workers (NUMAW) president Saul Simujika said mine workers unions have information about various prospecting mining investors and would be able to tell which investor would recapitalise the two giant mines, secure jobs of the miners and give contracts to local businesses and suppliers

Mr Simujika was reacting to a report by Reuters that Sibanye Stillwater remained in the hunt for MCM as the sale process stretches beyond the completion date envisaged by Zambia’s government

The Johannesburg-based, precious metals producer is on the investor shortlist of potential buyers of the State-owned Copper mines and the Zambian government had expected to have chosen the winning bidder by the end of July 

Mr Simujika said, apart from Sibanye Still Water, mine workers needed to know which other investors were still interested in the two giant mining companies so that they could know how reputable they were and their capacity to take the Zambian mining industry to better levels.

“Some mining companies like those in North-Western Province may be doing fine, but as long as KCM and MCM are not revived, the Copperbelt economy will not be the same. This is why we want the equity partner for the two giant mines like yesterday. So, as mine workers, we would like to be availed of the list of investors who are still in interested in the two giant mines.”

“We need a reputable investor who will recapitalise the two giant mines and put them up and running. An investor who will not only recapitalise the mines, but also secure the jobs of the miners and also give contracts to local contractors and suppliers. With such an investor, the economy of the Copperbelt will be revived,’’ Mr Simujika said

Mr Simujika said mining firms such as First Quantum Mines (FQM) and Mimbula had been ‘Torch Bearers’ in terms of looking after their employees hence mine workers unions were  hoping that government would find equity partners for the two mines who would match or even surpass the two mines

He said the unions wanted to see credible investors such as FQM and Mimbula in the two giant mines that would be able to invest in the operations and make the miners happy through proper remuneration and better conditions of service

Mr Simujika said his Union was grateful to the government and President Hakainde Hichilema for their tireless efforts to find a lasting solution for the problems at for both MCM and Konkola Copper Mines (MCM), and was sure that the government will come up with the best solution to the giant mining companies 

“As a union, we have hope that the problems facing MCM and KCM will one day come to an end. So finding an investor to recapitalise MCM is one step towards finding a solution to the problem. However, the most important of all is to pick up an investor with a good track record of running the mine and looking after its employees,’’ he said

And Mr Simujika has said the good mining policies of the New Dawn administration have contributed to the creating of an enabling environment for the expansion of existing mines and investment in new mines.

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