Zambian Land Title Controversy: Plot 3099 Cancellation Raises Legal Questions in Fraud and Trespass Case

A 43-year-old Southern Province Principal Land Officer has informed the Livingstone Magistrate's Court that plot number 3099 was cancelled in 1998 by the Surveyor General's office because it was encroaching on another plot, a situation which led it to being renumbered and resized.

This is a case in which Israel Mushoke, Shah Chihanganlal, and Lata Shah are charged with fraud  and criminal trespass.

Mushoke, aged 54, and Chihanganlal, aged 65, are charged with procuring the execution of documents by false pretences.

The alleged offence took place between January 1, and June 30, last year.

The trio are alleged to have used false pretences and fraudulent representations to induce George Sindila, the Acting Lands Officer, to sign a document known as lease number Lt-37146 concerning Stand No. 3099 in Livingstone.

 And Mushoke and Chihanganlal are accused of unlawfully entering the property of Vasanti Chikhalya at Stand No. 2056 and the property of Patel Umashabhai at Stand No. 4416 in Livingstone between January 1, and June 30, last year, with the intent to commit an offence.

Shah, a 60-year-old businesswoman of Indian origin, is another person involved in these alleged activities.

The trio is represented by Swizt Mweemba of Swizt Mweemba and associates.

Testifying before Chief Resident Magistrate Julius Malata, Principal Land Officer Musamai Masheka stated that the plot was created in 1989, and his office maintains all the maps of the plots that have been created.

Mr Masheka also said that there was encroachment, leading to the cancellation of plot 3099.

“The Surveyor General's office is responsible for confirming the existence of the property,” he said.

Moreover, he said there was no remark in the system indicating that the plot had been cancelled, and the change from 3099 to 4416 did not show who had signed the document.

Mr Masheka said surprise regarding how a title was issued despite the plot number being cancelled.

"I can confirm that all the properties in question had titles. Specifically, 2056 and 4416 were issued in 1989, while 3099 was issued in 2022.

I would like to state that 3099 was indeed issued and is on a title, but the plot number was canceled. It's worth noting that only the system reflects its existence," he said.

Furthermore, he said he did not have possession of the title for 3099, which had been issued to Mushoke, because it had been processed by the ministry headquarters, not the province.

He said he did not have the file in Choma; if it exists, it would be in Lusaka.

Mr Masheka also admitted that he did not know when 2056 was created but assumed that the plot had been established in the 1960s.

He said that the creation of plot 4416 had been recommended by the council, and in 1999, it was numbered and mapped, subsequently becoming known as plot number 4416.

“We do not inspect the lands or properties in the province unless there is a request from the council whenever they want to re-enter some properties in their areas,” Mr Masheka said.

Mr Masheka said they only conduct inspections upon request by the local authorities in the province so that such properties can be re-entered.

He said he recalls that his department in Choma had been visited by Zambia Police officers who were investigating three pieces of land in Livingstone.

Mr Masheka said the police were investigating three properties: 3099, 2056, and 4416, which was around April.

Trial adjourned to November 6, 2023.   End

 

Zambia Radiation Protection Authority Holds 5th Annual Conference: A Pledge to Advance Safety and Security

 Radiation Protection Authority (RPA), board chairperson, Adrian Maleya says radiation protection officers are pivotal in advancing radiation safety and security, strengthening the commitment to excellence in facility operations, and ensuring the protection of communities and the environment. He said there is need for Radiation Protection Officers to protect communities and the environment while advancing the frontiers of science and technology in Zambia and across the world. Dr Maleya said it is for this reason that radiation protection officers should leverage their diversity of perspectives and experiences to enrich their understanding in the sector by promoting innovative solutions to the challenges the country faces. He said this at the fifth Annual Radiation Protection Officers Conference convened by the Radiation Protection Authority under the theme "Advancing Radiation Safety, Nuclear Safety, and Security by Empowering Excellence in Facility Operations," in Livingstone . Dr Maleya said their goal was not just to mitigate the risks associated with radiation and nuclear technology, but also to elevate collective capabilities and strive to exceed the highest international standards. He said excellence is not an endpoint but a continuous journey that demands dedication, innovation, and unwavering commitment from all stakeholders. The conference attracted experts, professionals, and stakeholders dedicated to ensuring the health, welfare, and security of communities and the environment. The conference, in accordance with the RPA's responsibilities outlined in Section 7 of the Ionizing Radiation Protection Act No. 16 of 2005, aimed to collect and disseminate valuable information. He said this event served as a platform for sharing knowledge and promoting the latest advancements in the field of radiation protection. "It demonstrates our collective commitment to protecting the health and welfare of our communities, our environment, and future generations," he stated. He said the collective efforts are expected to have a substantial impact on the trajectory of radiation safety, nuclear safety, and security not only in Zambia but also globally. "We have gathered here to leverage our knowledge, foster cooperation, and promote facility operations excellence," Maleya explained. He said there is need for a commitment by radiation protection officers to safeguarding their own communities and contributing to a safer, more sustainable future for the world. H said the importance of the collaborations and knowledge sharing through international and national partnerships, as catalysts for innovation and progress, further strengthening their commitment to facility operations excellence. He said radiation protection officers, have a significant impact on shaping a safer and more secure environment for both occupationally exposed workers, the public, and the environment. And Livingstone, District Commissioner Mrs. Eunice Nawa emphasized the importance of ensuring that radiological and nuclear activities within the district are carried out with the utmost care, guided by excellence in facility operations, underscoring the district's commitment to a safe environment for its residents and aligning with global safety efforts. Mrs. Nawa also commended the United States Nuclear Regulatory Commission for their valuable support and contribution to this noble cause. She emphasized that the conference would offer professionals a unique platform to exchange ideas and experiences, encouraging delegates to interact freely, share best practices, and apply them in their everyday work beyond the conference. Mrs. Nawa recognized the profound influence of radiation protection officers and experts on the lives of Livingstone's residents, highlighting how their work extends beyond professional roles, directly impacting the safety and well-being of the community. She encouraged all conference participants to seize the opportunity to learn, collaborate, and network with open hearts and receptive minds. Mrs. Nawa reaffirmed the government's unwavering commitment to safety and excellence, expressing her firm belief that the collective dedication of conference professionals would not only enhance community protection but also pave the way for a brighter, more secure future for the country, encouraging attendees to strive for excellence and contribute to the advancement of radiation safety, nuclear safety, and security in the unique and vibrant district of Livingstone. And RPA Boster Siwila said this conference exemplifies a shared commitment to radiation safety and effective implementation of the Authority's mandate. He said the collective responsibility and purpose shared by professionals in ensuring the safety and security of the world through advancements in radiation and nuclear safety. Dr Siwila the crucial role that Radiation Protection Officers play in this mission as their importance of appointing competent Radiation Protection Officers, as mandated by the Ionising Radiation Protection Act No. 19 of 2011. He said this requirement aims to ensure that compliance with the act is maintained in all facilities and institutions. He said the conference also serves as a knowledge-sharing platform, enabling participants to exchange valuable information about the Radiation Protection Authority and to share lessons learned from their experiences. He said through collective learning and improvement, the aim is to bolster institutions and facilities against potential risks. Dr Siwila said the goal of the conference is not only to mitigate risks associated with radiation and nuclear technologies but also to elevate collective capabilities. “This includes continuous investment in training, technology, and transparent communication to ensure that operations are carried out at the highest international standards,” he said. He said government's commitment to protecting people and the environment from the harmful effects of ionizing radiation. “The conference was described as an opportunity for participants to interact with the Regulator and as a platform for collaboration, learning, and networking to collectively advance facilities and operations to even greater heights,” he said. 

Court Acquits Carpenter in Marijuana Case

In a surprising turn of events at the Livingstone magistrate's court in 2023, Charles Namuchana, a 49-year-old local carpenter, found himself facing charges of trafficking in marijuana. This case unfolded when the Drug Enforcement Commission (DEC) failed to weigh the marijuana they had seized from him in his presence.

Namuchana, residing at house number 2578 Dambwa North Extension, Livingstone, was charged with "trafficking in psychotropic substances," a contrary to section 15(1)(2) of the Narcotic Drugs and Psychotropic Substances Act, Chapter 35 of 2021 of the laws of Zambia. The alleged incident took place on July 31, 2023, in Livingstone, where Namuchana was found in possession of 10.3 grams of marijuana, a herbal product of Cannabis Sativa, without lawful authority.

The prosecution's case relied on information received by DEC officers about a male individual involved in drug dealing. They formed a team and apprehended Namuchana, conducting a search that resulted in the seizure of the marijuana. However, crucially, the drugs were not weighed in the presence of the accused person. Instead, they were taken to UTH (University Teaching Hospital), where public analysis confirmed the substance to be Cannabis Sativa.

Senior Resident Magistrate Leya Kabalata emphasized that the court's judgment should be based on facts, not rumors or assumptions. The content of the marijuana was reported to be over 0.5 percent, and the public analyst's report confirmed its nature. However, the court noted that the prosecution had not provided sufficient grounds for seizing the K9000 found in Namuchana's possession or demonstrated that the money was the proceeds of a crime.

The defense argued that the prosecution had not proven their case beyond a reasonable doubt, highlighting the lack of bank details to establish Namuchana's income. Magistrate Kabalata concluded that the prosecution had failed to meet the burden of proof and subsequently acquitted Namuchana, setting him at liberty.

Following Namuchana's acquittal, jubilation erupted at the court premises. Defense lawyer Anthony Bwalya of KBF and partners requested that the seized money be returned to his client. Still, the state, represented by Michael Akamonia, objected, asserting that the money was tainted property defined under the Proceeds of Crime Act.

Akamonia further argued that the marijuana should be forfeited to the state since no one was claiming it and suggested that it be destroyed by the senior clerk of court in the presence of DEC officers. He insisted that the money should be deposited into the government account, in accordance with the court's judgment.

Bwalya continued to press for the money's return to his client, contending that the state had not provided adequate reasons for his client's suffering, nor had they proven that the money was derived from criminal activities.

Magistrate Kabalata reserved her ruling on the matter, particularly the state's second application, to October 31, 2023. This decision left the fate of the seized money in limbo, pending further legal deliberation.