ECONOMIC CRIMES COURT REJECTS MILINGO’S BID TO STOP US$40M FOERFEITURE

By GRACE CHAILE

THE Economic and Financial Crimes Court has declined to stay proceedings in a matter in which the Director of Public Prosecutions (DPP) has applied for the forfeiture to the State of US$40 million dollars deposited in three accounts belonging to former KCM provisional liquidator, Milingo Lungu.

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Mr Lungu, had filed an application for an order staying proceedings pending determination of his appeal against the Economic and Financial Crimes Court’s ruling dated August 3,2023, in which it held that it had jurisdiction to determine the matter. 

The Economic and Financial Crimes Court dismissed the preliminary issues raised by Mr Lungu in which he contended that the same court did not have jurisdiction to determine the DPP’s application on the basis of the cases that are pending determination in other courts.

In his application, Mr Lungu argued that his appeal would be rendered an academic exercise if the Court of Appeal pronounced that the Economic and Financial Crimes Court was not properly constituted.

But Judges Pixie Yangailo, Ann Malata-Ononuju and Mwanajiti Mabbolobbolo in their ruling said the appeal would not succeed and only served to protract the judicial proceedings before court. 

“Furthermore, we have combed through the affidavits, skeleton arguments and submissions and have found no exceptional circumstances or ambit of the requirements set out in the plethora of authorities for grant of stay of proceedings pending appeal,” said the court.

In this matter, the DPP seeks an order for the three accounts alleged with tainted property, to be forfeited to the State, pursuant to Section 29 and 31 of the forfeiture of proceeds of Crime

According to DEC investigations,it is alleged that Mr Lungu took advantage of his position as KCM liquidator and stole $40 million belonging to the mining firm. The said accounts were opened in 2021.

Mr Lungu has however declined any illegal dealings in respect of the funds.

He stated that he is a preferential creditor and has a bona fide claim of right to transfer the funds for payment or security persians to his right of remuneration.

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Man arrested for incest with biological daughter

By NATION REPORTER 

POLICE have arrested and charged a man aged 38 of Mazyopa Township for the offence of Incest involving his biological daughter aged 14. 

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Police spokesperson Rae Hamoonga said the incident occurred between November 2022 and August 11, 2023 at 01:00 hours in Mazyopa compound of Lusaka.

He said brief facts were that the suspect had ordered the wife that whenever they were going to church, the daughter who was the only child should remain so that she prepared meals for him. 

Mr Hamoonga said in November 2022, on an unknown date, she was left with the father at home while the rest of the family went to church, that was the first time he had carnal knowledge of her after forcing the victim by beating her. 

He said when the mother came back from church, she did not disclose to her about the incident for fear of being beaten by the father. 

Mr Hamoonga said the abuser continued having carnal knowledge with her until on August 11, 2023 at about 01:00 hours when the wife caught the husband naked in the daughter’s bedroom. 

He said when the wife asked him what he was doing and that was the time her mother asked the daughter and she revealed her father had been a busing her since November, 2022.

Mr Hamoonga said the mother fainted upon hearing and learning of what had been happening and has been.

He said on August 22, 2023, the mother informed her sister who reported the matter at Chipata Police Post. 

The suspect has been detained in custody and will appear in court soon.

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GOLD SUSPECTS IN LUXURIOUS LODGE

 …Makebi Zulu Advocates is claiming that foreign nationals in the gold, US$5.6 million raging scandal have been moved from police cells and accommodated in some luxurious government lodge 

By GRACE CHAILE

THE State has covertly released foreign nationals arrested in the gold and cash scandal from police cells and has discreetly accommodated them in some luxurious government lodge in Kalundu after their attorneys demanded their release and better treatment, it has been disclosed.

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And Makebi Zulu Advocates have reported the DEC and the Inspector General of Police to the office of the Public Protector and the Human Rights Commission (HRC) over the discriminatory treatment of Zambian suspects while according preferential treatment for foreign nationals in the same scandal.

The Kenneth Kaunda International Airport (KKIA) gold and US$5.6 million scandal has since sucked in some State House personnel, whom the law firm is threatening it shall name and shame should the State fail to withdraw the charges against Mr Shadreck Kasanda.   

Makebi Zulu Advocates, the law firm representing Mr Kasanda, one of the Zambians arrested in the now infamous gold and cash scandal has accused the State of engaging in discriminatory acts against its client and offering preferential treatment to foreign suspects.

The law firm is therefore demanding the release of all suspects in the gold and cash scandal on police bond or the DEC should cause the presentation of Mr Kasanda before court so that the lawyers could apply for bail.

In a letter to the Drug Enforcement Commission (DEC) director general Nason Banda and Police Inspector General of Graphael Musamba, Makebi Zulu Advocates said it had come to the attention of the law firm that foreign suspected who had been detained at Chelstone Police Station had been moved from the holding cells.

The firm said they were aware that the foreign suspects had been granted preferential treatment by removing them from Chelstone Police Station holding cells purporting to have been taken to the Police Command centre when in fact not. 

“It has come to our attention that the suspects in this matter who were detained at Chelstone Police Station were moved from holding cells and purportedly taken to Police Command Centre when in fact not. It has been made known to us that the suspects of foreign origin have been lodged in luxury at a known government lodge in Kalundu, a place not gazetted to hold suspects, despite having them charged and arrested,” Makebi Zulu Advocates said.

Four Zambians including Mr Kasanda and nine foreign nationals were arrested in connection with the gold and US$5.6 million cash, weapons found in a private Jet at KKIA last week. 

But Mr Kasanda’s lawyers are contending that it was unfair that Zambian suspects were unlawfully being held at police cells while their co-suspects foreign nationals were living in luxury at a government lodge. 

The legal advocates have therefore demanded for the immediate release of Mr Kasanda and other Zambian suspects on bond or appear before court to secure bail. 

“We thus demand that you immediately desist from this unlawful and discriminatory preferential treatment of non-Zambian suspects whilst the Zambians suspects languish in filthy police cells. We demand that you release all suspects on police bond or you should immediately present our client before court so we may apply for bail,” Makebi Zulu Advocates said.

But DEC Director General Nason Banda has claimed ignorance about the State’s clandestine transfer of the gold suspects from police cells to a luxurious government lodge.

Mr Banda however said the foreign suspects were in safe custody and would appear in court soon.

“I’m hearing that from you but what I can say is that they are in safe custody and will appear in court soon and you cannot keep all the witnesses in the same place because others might become state witnesses,” Mr Banda said.

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PF, POLICE SHOWDOWN LOOMS

…as Given Lubinda, the PF vice-president announces the mass political gathering for the former ruling party in Matero’s Zingalume area is on today 

By NATION REPORTER 

 A SHOWDOWN between the Patriotic Front (PF) and the Zambia Police is looming in Matero’s Zingalume area where the former ruling party is expected to hold its mass political gathering which the Inspector General of Police Graphael Musamba is claiming has been cancelled.

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The PF says it has met all the legal requirements to hold its mass rally but the Zambia Police has warned the former ruling party against proceeding with their political gathering citing security reasons.

After having been cleared by Jack Mwiimbu, the Home Affairs and Internal Security Minister, the PF proceeded to announce the rally in Zingalume but Mr Musamba quickly moved to overturn the decision of his minister and cancelled the gathering.

But yesterday, Mr Lubinda told the Daily Nation that the rally would go ahead as scheduled and that no amount of threats and illegalities by the Zambia Police would stop the former ruling party from holding its ever public rally since the 2021 general elections.

Mr Lubinda has accused Mr Musamba of attempting to frustrate the former ruling party of holding its mass rally despite Home Affairs minister Mwiimbu having ordered that the political gathering should go ahead.

“We are going ahead with the party with the rally, come rain come thunder we are going to have the rally today, police just organize officers to come and provide us with security. We will help the police to follow the law” Mr Lubinda said.

Mr Lubinda said the party would not allow Mr Musamba to set a bad precedence by unlawfully blocking a public gathering.

Mr Lubinda said if the PF succumbed to the ploys of Mr Musamba, the police would be using the PF blocking as a reference to disadvantage other opposition political parties from gathering.

He said PF has a party followed the law by notifying the police in good time by giving them 14 days in which to respond and their response has always been negative which later led to the meeting with the Minister of Home Affairs and Internal Security who showed no objection to the holding of the rally.

But Rae Hamoonga, the Zambia Police spokesperson announced on Thursday that the gathering would not go ahead despite Mr Mwiimbu having allowed them to proceed.

And Zambian historian and academician Sishuwa Sishuwa has said the police have violated the rights to peaceful assembly and free speech by refusing to allow the main opposition Patriotic Front to hold a public rally in Lusaka which was slated for today.

Dr. Sishuwa has condemned the clampdown on civil liberties which have continued under the leadership of President Hakainde Hichilema and the UPND government.

He said the excuse was unspecified “security concerns,” had former Edgar Lungu banned a political rally for such vague reasons, Western diplomats and civil society would have been outraged but today, all groups were silent.

Dr. Sishuwa a lecturer at South Africa’s Stellenbosch University posted this on his Tweeter handle reacting to the cancellation of the PF’s mass rally the Zambia Police yesterday a day after Mr Mwiimbu ordered   that the mass political gathering should go ahead.

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Scientists find the last remnants of the human genome that were missing in the Y chromosome

More than 20 years ago, the human genome was first sequenced. While the first version was full of “holes” representing missing DNA sequences, the genome has been gradually improved in successive rounds. Each has increased the quality of the genome and, in so doing, resolved most of the blank spaces that prevented us from having a complete reading of our genetic material.