Detailed legal battle for Nevers Mumba’s bail application

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After Lusaka Chief Resident Magistrate Joshua Banda read the four charges against  Dr. Nevers Mumba which are wilfully failure to follow government procedure in receiving and disbursement of money from a private company donated to the Government of Zambia and three counts of abuse of authority of office by awarding contracts to carpet, repair electricals and build a Deck at the Zambia’s High Commission residence in Canada, Dr. Mumba denied all the charges.

PRELIMINARY ISSUES

Makebi Zulu of Ferd Jere and Company told the court that the defence team had some preliminary issues to raise and asked the court for permission to file the submissions and give the state enough time to respond. The defence has since been given one week to file and the state a week to respond.

BAIL APPLICATION

Sakwiba Sikota State Counsel applied for Bail on grounds that Dr. Mumba was of fixed abode, a famous person who can’t disappear, a former Vice President and a leader of the largest opposition party. Mr. Sikota said with such information it was impossible for Dr. Mumba to be a flight risk.

Sikota said Dr. Mumba was known by almost all law enforcement agencies even by voice.

Mr. Sikota said though not necessary, Dr. Mumba was ready to provide sureties if the court so wished.

OBJECTION TO BAIL

The drama started when one prosecutor who identified himself as a Mr. D. Simwinga said Dr. Mumba had propensity to flee the country because he refused to give his Fingerprints at the Police. Simwinga cited section 17 of the Police ACT and further told the court that for the police to deny Mumba bond, it was evidence enough to deny him bail because the state would suffer prejudice.

Simwinga also cited a case of the People versus Oliver Irwin of 1993 in the Law Development Report.

SUNDAY NKONDE

Another defence Lawyer Sunday Nkonde also State Counsel told the court that it was wrong for the state to use section 17 of the Police ACT because the Police was under the Executive and had nothing to do with the Judiciary.

Nkonde also argued that there was no propensity for Dr. Mumba to flee the country because the joint investigating team has been investigating him for more than ten months and he has never fled.

He further argued that Dr. Mumba is already on bail in two other cases in the Copperbelt province.

SIMACHELA ZAZA (STATE ADVOCATE)

In his objection to bail, Chief State Advocate Simachela Zaza told the court that in the case of the People Vs Oliver Irwin. The High Court guided that there were four factors to be considered in granting bail.

He cited the factors as the nature of accusations, the nature of evidence to be adduced, the independence of the sureties and the independence of the witnesses and the prejudice if the accused is not granted bail including the prejudice to the state if the accused was granted bail especially that Dr. Mumba was famous.

Counsel Sunday Nkonde then said the court should never entertain the Prosecution’s notion that the famous the person the less the chances of granting him bail. Nkonde said the opposite  was actually true.

SAKWIBA SIKOTA

Sakwiba Sikota took on Zaza and told the court that it should not allow the invention of new laws in court. Sikota told the court that the state should invest a lot in research because they seem not to know what case laws they are citing.

Mr. Sikota said the case of Oliver Irwin of 1993 that the state cited was a Murder case that is purely non bailable and the charges that Dr. Mumba were all bailable offences.

Mr. Sikota further told the court that the prosecution has failed to prove to the court that Dr. Mumba can not present proper sureties because the defence had not yet presented the sureties in court as such the argument was premature.

On witnesses, Mr. Sikota said it was not possible for Dr. Mumba to interfere with witnesses because he had not done so in the ten months he had been under investigations. He said the state had failed to produce evidence that Dr. Mumba had interfered with witnesses whom he does not even know.

On propensity to flee Mr. Sikota said section 17 of the Police Act was not even supposed to be brought in.

Making ruling, Magistrate Banda said the state had failed to argue their case because it failed to produce any evidence and granted Dr. Mumba bail of KR 30000 in his own recognisance with two working sureties and seniors in public institutions.

CONCLUSION

From the observer point of view, the prosecution had geared to make sure that Dr. Mumba was denied bail.

Comments Closed

68 Responses to Detailed legal battle for Nevers Mumba’s bail application

  1. With or without a Bible in His hands, if Dr. Mumba I dont wnat to call hime pastor cos his not worthy it as he is pastoting nobody,stole let the rule of law take its course

    Ndeloleshafye - January 10, 2013
    08:53

  2. When is the Lord paying a visit to Ukwa at state house?

    zombie - January 10, 2013
    08:41

    • SOON DEAR!

      Zambitious - January 10, 2013
      15:49

  3. Prosecusion team failing to argue..i wonder if they even have the evidence againist Dr…Ndeloleshafye!!!

    juju - January 10, 2013
    08:33

  4. Kayula,one of the charges for Nevers Mumba is that he put public funds in his personal account….I don’t know how old you are but this similar to what CNP mbr did in the mid 90s! He deposisted k500,000,000 of public funds (local government ministry funds) in his account at standard chartered bank! He was saved by his fellow bemba minister at legal affairs who dropped the charges ‘ in national interest’. So please don’t just criticise because you are a cadre or because you ‘come from together!’

    patrick shekela. - January 10, 2013
    07:14

    • Umulandu tau bola, Sata should also be taken to task for the putting LCC’s money in his personal account

      Roy - January 10, 2013
      15:08

  5. Shame on you Sata.

    concernedcitizen - January 10, 2013
    06:25

  6. Mr Sata is the most corrupt president Zambia has ever been cursed with.
    Mr Sata is very destructive, non productive and retrogressive to the development of this nation. His so keen on imprisoning his so called enemies to his mis rule. Mr Sata is a total failure fighting his petty battles using state machinery and tax payers money, i hope he will also be charged with abuse of office once he vacates office in 2016 because he has turned the police into cadres and protecting the corrupt likes of Wynter Kabimba and the newly beloved corrupt prodigal sons and daughters from the MMD. shame on the old man his an insult to all the mature senior citizens.

    concernedcitizen - January 10, 2013
    06:25

  7. dnt blame the state advocates,they work under instructions&i know they hve a guilty mindset dat wat they r dng to Dr mumba is nt da rite thing but they r afraid of ukwa&cnp’s firing them hence baseless urguments in court as if they r grade 2′s,shame on them mumba is da next HE

    blogger - January 10, 2013
    04:08

  8. Indeed we are watching,listening and observing and the way we felt bad for sata when stand up for zambia was perceived to have crossed the red line in denouncing him is the way we feel about these double standard arrests and investigations and are bottling up.come election time,people will explode in unexpected manner just as they did in 2011.

    grace - January 9, 2013
    23:22

  9. SURELY THEY SHALL GATHER,BUT THEIR GATHERING IS NOT IN MY NAME.BUT I WILL SCARTTER THEM FOR YOUR SEEK(NEVERS AND MOTHER ZAMBIA)IN ONE WAY THEY SHALL ENTER BUT IN SEVEN WAYS THEY SHALL FLEE….THE BATTLE IS THE LORDS……..

    ftj - January 9, 2013
    23:15

  10. Its ALL political. If truly its corruption and abuse of office fight, WHAT about carington maize deal involving FDD leader Nawakwi who is now PF, K14bn from M’membe snd Nchitos, GBM and Kabimba, appointment of unqualified and or relatives/friends in diplomatic missiom and FRA to mention but a few.

    TIME is bigger than everyone else.

    Kizto Bwalya - January 9, 2013
    21:29

  11. Why didnt he want to give his finger prints? It was sad to see HON shikapwasha in that state Yes he might have made mistakes but he has humbled himself may the peace loving zambians thru the president forgive this man. Bamumba learn from Rev shikapwasha humble yourself and zambians will lift you up.

    kayula - January 9, 2013
    21:16

  12. ZAMBIA SHALL BE SAVED, JESUS CHRIST IS LORD OF ZAMBIA. LESA USHILALA PABANA BAKWE. JEHOVA TWAMWITA IMENI, ARISE O’LORD!

    Mpongwe - January 9, 2013
    19:56

  13. Zaza you have been schooled! Sucker!

    Umumbuluma - January 9, 2013
    18:53

    • Correct me please is this supposed to be Learned counsel Joe Hanteve Simachelas here? But he is at civil litigation so what was he doing arguing criminal? See how poorly he argued! Ah, nothing is surprising anymore pa zed!

      Sindiso - January 10, 2013
      08:03

  14. which big brain….bane dont confuse your selves just follow the case as it unfolds…NEVERS IS GOING TO JAIL JUST BELIEVE ME…SIKOTA IS NO BRI BIG BRAIN….OK AT LEAST HE CHEWS FROM THOSE HE REPRESENTS..BUT THIS TIME AROUND ALOBA IYAUMA

    shusuhu - January 9, 2013
    18:27

    • NEVERS HAS THE LION OF JUDA,NOTHING TO FEAR……THE BATTLE IS THE LORDS

      ftj - January 9, 2013
      23:19

  15. I cant believe that such a weak argument was presented before Court by a Chief State Advocate who happens be a seniour person. If he did not have strong argument to present before the court the best he could have done is to recuse himself from the case instead of embarrassing himself like that. Saki is right the government should invest in research.

    CHEERS - January 9, 2013
    18:23

    • This is what happens when you have political trials. Arguments are so shallow. No Judge or Magistrate can allow such amaturish legal arguments

      ZOZO - January 9, 2013
      18:42

  16. Declaring Psalm 91 over Dr Mumba, his family and MMD. Declaring Psalm 35 and psalm 109 over all the wicked and evil planners and their families if they don’t repent.

    Zambia needs prayers - January 9, 2013
    18:10

    • dont worry remember TB joshua’s prophecy 2013 is a serious year for liars God will visit them

      CRY MY BELOVED COUNTRY - January 9, 2013
      21:53

  17. Hey hell in zambian courts ba mumba Never give in! Never give in Never never never…..In nothing great or small,large or petty,never give in except to. Winston Churchill
    George Washington said
    If the freedom of speech is taken away then the dumb and silent we may be led,like sheep to the slaughter
    Why are we going backwards not forward why.The magistrate tried to help the state but got disappointed hence the ruling Making ruling, Magistrate Banda said the state had failed to argue their case because it failed to produce any evidence and granted Dr. Mumba bail of KR 30000 in his own recognisance with two working sureties and seniors in public institutions.

    Justine K Kabwe - January 9, 2013
    17:44

  18. our plan in pf is to finish nevers mumba so that we do not have a divided bemba vote

    bashi dr economist - January 9, 2013
    17:14

    • It won’t work out chi color…

      Democrat - January 9, 2013
      17:46

    • Dr Mumba is the least of your worries 2013 you will be voted out!

      CRY MY BELOVED COUNTRY - January 9, 2013
      21:54

    • we kabushi iwe.masipa yobe.today it is Mumba,tomorrow Mumba by the time you realise it will be election time.pf means palibe future.

      woodman@kt - January 9, 2013
      22:53

  19. NASEKAFYE.WHAT KIND OF STATE LAWYERS DO WE HAVE?

    zambianlover - January 9, 2013
    17:01

    • naine ndine wodabbwa kwenikweni, these guyz are working in ignorance(like if they are drunk with wine or possessed with a confusing demon) under an invisible, dull, and foolish person whose aim is to destroy and kill Dr Mumba, but the opposite will be the result, God bless you, Dr N,Mumba

      lubi - January 9, 2013
      17:31

    • Paid less and as such they research Less

      savimbi - January 9, 2013
      18:26

    • The state lawyers sound very amateurish just like Kabimba’s in the previous cases.

      umusana - January 9, 2013
      21:50

  20. Zambia shall be savbed indeed remeber those prophetic messages frm ths mam of God

    jamboli - January 9, 2013
    16:48

  21. Sc Saki that is the way! Imagine how you nicely put it to the Court, that the state needs to invest in research for their prosecutors.
    Surely, case law? Misapplied. You had a meal out of the young lawyers.
    Perry M. Chisamu

    Perry mc - January 9, 2013
    16:36

  22. LOOKS LIKE IF MUMBA WILL BE DETAINED ON ELECTION DAY IN 2016,HE WILL STILL WIN HANDS DOWN.REMEMBER SIMON MWANSA KAPWEPWE CASE WHERE KK PUT HIM AWAY IN CELL WHILE PEOPLE WERE VOTING.HE WON HANDS DOWN.THESE ARE CHINSALI MAFIAS.

    Turbo - January 9, 2013
    16:11

  23. Its like the state prosecutors were admitted to the Bar using fake certificates jst like Masumba@Nipa. We cant be suprised coz ZIALE te yakwangasha.

    King Lififi jnr. - January 9, 2013
    16:09

    • @ZIALE ma Leakages ni mbwee!!

      wajimona - January 10, 2013
      06:14

  24. i feel the prosecution team deliberately wanted to use a wrong reference case just to have Dr mumba out . i have come across a lot of police men and women who are complaining that Dr mumba is just being mistreated .

    God save Zambia

    cliver - January 9, 2013
    16:04

  25. Yaah it was a showoff sakwiba teach them some law pliz .the gvt prosecuters have shown us that they dont even know the case they are dealing with by citing murder against corruption.shame where are we heading.mulebeba @ bbwana apa tapali umulandu.just continue creating districts remind him to even make matero and mandevu new districts.look how stupid you made yoselves in court.

    Chibwa chamazakala - January 9, 2013
    16:02

  26. BUT SURE,HOW CAN LEARNED STATE LAWYERS HEED TO ADVICE FROM A THUG AT STATE HOUSE?THEY HAVE JUST EMBARASED THEMSELVES.

    RASTA MAN(CULTURE DEFENDER) - January 9, 2013
    15:57

  27. Good Work Watchdog & keep it up! We need more of verbatim accounts of court proceedings involving high profile cases just like The Post once upon a time used to do when it was truly the paper that dug deeper.

    Mulaso Zulu - January 9, 2013
    15:43

  28. Ba Joe Zaza naimwe kwati u wer nt pa unza sure!! Awe am disapointed wit yo nipa kind of arguments!!

    panono panono - January 9, 2013
    15:40

    • Being pa university of kalingalinga is one thing, experience in the field is another, today we saw the difference

      Kamutanda - January 9, 2013
      23:59

    • Remember GRZ employs stranded Graduates like Zaza Sikota 1 Zaza 0

      NgomaZakwathu - January 10, 2013
      07:40

  29. THIS DETERMINATION TO NAIL SOMEBODY IS BAD …GOD WILL PROVIDE JUSTICE AND I CAN SEE IT COMING.BRAVO SAKI AND FOR U DR MUMBA FEAR NOT!

    BAFANA BAFANA-ULTRAN TEX YOUTH - January 9, 2013
    15:36

  30. The Gvt Should invest in proper education for the Prosecutors.
    I spent my own money to go to NIPA and if im prosecuting a case, i can cite a strange argument just to be seen to be arguing. Learn something from this mwebantu.

    Time Saver - January 9, 2013
    15:34

  31. I can imagine the circus that was in the court when State advocates tried to use law as taught by Ukwa at state house. From this article it is clear that the guys were ill prepared and don’t understand the law. I am sure they were even sweating when they were advised by intelligent and learned lawyers to research before they presented themselves in court as fools. Anyway, this is what it is when you act on instruction from state house and unfairly treat other people. Ulufyengo!

    Sungamasha - January 9, 2013
    15:33

  32. I must say the state prosecution leaves so much to be desired, is that the best they could come up with? No wonder they are able to follow senseless orders

    Suggestor - January 9, 2013
    15:31

  33. Presindent sir what is happening in our counytry

    moses bwalya - January 9, 2013
    15:29

  34. The state prosecutors in the above story were not fit to carry out their duties and must have been given time to argue their case.

    I the government needs to overhaul this department through performance appraisals otherwise, lawyers are capitalising on their incompetence

    Bigboss - January 9, 2013
    15:22

  35. SAKWIBA SIKOTA! Man that thing resting on your neck is called a BIG BRAIN!

    Kgalema - January 9, 2013
    15:22

  36. imwe vibene kabimba….. dont you know this is a global world?? dont you realise that the world is watching zambia.??? who wil suffer when they put sanctions on zambia. its that kaponyas who voted for u. like father like son!

    pinnochio - January 9, 2013
    15:17

  37. very good sakwiba Dr.mumba will make you justice minister or veep

    rb - January 9, 2013
    15:04

  38. Zambian politics..kaya.

    Josephchimwaso - January 9, 2013
    14:54

  39. These so called prosecutors ar dunderheads & failures who’s agenda is to silence all opposition party leaders, Sata these yo prosecutors ar leting u down afta u directed them nt to let him com out on bail. Viva opposition.

    Mwila - January 9, 2013
    14:53

  40. Do these so called state advocates really know the law they are dealing with? Are they just being forced to say things they know are wrong? Please be serious with people’s lives. Thanks to the wise judge for not intertaining stupidity in court.

    Eldersz - January 9, 2013
    14:36

    • For sure its stupidity in courts, kudus to the judge but it just shows the calibre of people we have in some of these govt offices

      Suggestor - January 9, 2013
      15:34

    • well said..kuti waseka ka zaza

      somili - January 9, 2013
      15:41

    • The zwd are far much better than the post who are all pf cadres.chella,mmmembe and mapulanga oh and that chap who shook hands with the catholic man in the post of 09/01/2013.

      woodman@kt - January 9, 2013
      22:47

  41. Watchdog its like you are improving everyday. Any just to say that am hooked to this site such that yesterday i was about to bash someone driving while peeping watchdog.

    Manix - January 9, 2013
    14:34

    • I have also noticed that the ZWD is improving everyday. These are big brain chaps i believe.

      James - January 9, 2013
      15:49

      • IF THE GOVT CAN RESPOND TO THEM ON ECZ RIGGING PLAN.THEY ARE BAD NEWS.

        RASTA MAN(CULTURE DEFENDER) - January 9, 2013
        16:05

        • Yes they are bad news!no facts,rumours!

          Kachman - January 9, 2013
          21:38

      • It looks like the LusakaTimes has been blocked!

        wajimona - January 10, 2013
        06:22

  42. The battle is the LORD’S. Even Pilate washed his hands. The prosecution are also struggling to keep their jobs by invoking the most frivolous of arguments just to demonstrate that they tried to be cruel. The judiciary is equally bedazzled.

    silu ni silu - January 9, 2013
    14:33

  43. I am not a lawyer but to hear that the state cited a murder case that is purely non bailable to deny Mumba bail seems the prosecutors were ill prepared. These prosecutors are not inspiring at all. Sikota talked knowledgeably and intelligently!

    Chamanga - January 9, 2013
    14:28

    • Not until sikota,u were dull,apreciat the litle law taught to them by striking lecturers!

      Kachman - January 9, 2013
      21:43

  44. Sory.

    maureen - January 9, 2013
    14:22

  45. The ancient prosecution should now be ashamed! For sure the PIG is determined to silence Dr. Mumba. But people are watching closely!

    Mubanga - January 9, 2013
    14:20