Saturday, October 14, 2023

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

 

Thursday, October 12, 2023

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. 

Monday, October 9, 2023

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.

Thursday, September 28, 2023

"UNITY IN DIVERSITY" - Livingstone Mayor Inspires at 2023 NIF Partners Inclusive Sport Festival

Chali Mulenga 

Livingstone

In a rousing speech at the 2023 Norwegian Olympics and Paralympics Confederation of Sports (NIF) Partners Inclusive Sport Festival, Livingstone Mayor Constance Muleabai delivered a powerful message of unity, inclusivity, and environmental sustainability.

Under the theme "Unity in Diversity: Celebrating Inclusivity & Environmental Sustainability," the festival brought together a diverse array of participants, partners, and friends. Mayor Muleabai highlighted the profound significance of this event as a testament to humanity's ability to come together, embrace differences, and effect positive change.

The festival, the second of three planned for the 2023 edition, was praised by the Mayor for its unwavering commitment to inclusivity and environmental sustainability. Partners including the National Olympic Committee of Zambia (NOCZ), Response Network, Sport in Action, Edusport Foundation, and NOWSPAR were commended for their dedication.

This year's festival was particularly notable for its expansion to three locations, showcasing a commitment to reach every corner of Zambia and leave no one behind. Over 250 participants, including individuals of diverse abilities, backgrounds, and dreams, converged in Livingstone to demonstrate that sport is a universal language that transcends barriers.

Mayor Muleabai passionately stressed that inclusivity is more than a buzzword; it's a call to action. Embracing individuals of all abilities and providing opportunities for everyone to shine creates a stronger, richer, and more vibrant society. She celebrated the achievements of differently-abled individuals, emphasizing that diversity is our collective strength.

The Mayor reminded attendees that the environment is not separate from us; we are intrinsically connected to it. Safeguarding the planet's resources is a responsibility shared by all. The festival's incorporation of environmental sustainability underscored the commitment to a more inclusive and environmentally conscious world.

The Mayor commended the National Olympic Committee of Zambia (NOCZ) and Response Network for their extraordinary efforts in coordinating the festival. Their collaboration led to an event that will be remembered for the competitions held and the profound impact it will have on society.

As attendees immersed themselves in various sports activities, Mayor Muleabai reminded them that true victory lies in the friendships made, barriers broken, and messages carried forward. She expressed deep gratitude to all participants, partners, organizers, and contributors for their dedication and commitment to making a difference.

And in a stirring inaugural address, Mr. Boniface Kambikambi, Secretary General of the National Olympic Committee of Zambia (NOCZ), officially launched the much-anticipated 2023 NIF Partners Inclusive Sport Festival, a groundbreaking event spanning three unique locations – Maheba Refugee Camp, Livingstone, and Lusaka.

With the theme "Unity in Diversity: Celebrating Inclusivity & Environmental Sustainability," the event has garnered significant attention for its ambitious scope and overarching message of togetherness and environmental consciousness.

Mr. Kambikambi opened the festival by acknowledging the remarkable athletes, hailing from diverse backgrounds and abilities, who will compete in this festival. The festival's success has been made possible through the collaboration of several partner organizations, including Zambia Athletics, Netball Zambia, Sport in Action, Edusport Foundation, Olympafrica Centre, Response Network, Judo Association of Zambia, and NOWSPAR.

This year's festival marks a historic milestone, boasting an impressive 36% increase in participants compared to the previous year, underscoring its growing societal impact and relevance. The dedication and enthusiasm exhibited by all involved reflect the core values of inclusivity, unity, and sustainability.

The festival is fortunate to receive generous funding from the Norwegian Olympic and Paralympic Committee and Confederation of Sports (NIF) for the seventh consecutive year, a testament to their unwavering belief in the festival's vision and their commitment to the cause.

The festival's theme, "Unity in Diversity," serves as a guiding principle, emphasizing that differences should not divide but unite. Through sports, participants learn to embrace, understand, and respect one another, fostering a vibrant and harmonious community.

Inclusivity is not merely a gesture but a promise to empower every individual to thrive. The festival showcases the achievements of differently-abled children and young athletes, highlighting the boundless human spirit and the power of perseverance.

Environmental sustainability is a duty, not an option, and the festival is committed to protecting the environment for future generations. This commitment is exemplified by the festival's environmentally conscious practices and choices.

As the festival embarks on this remarkable journey, Mr. Kambikambi urged participants, partners, and supporters to celebrate the bonds forged, dreams nurtured, and impact created. He emphasized that the spirit of unity, inclusivity, and sustainability should guide actions well beyond the festival, towards a brighter, more inclusive, and environmentally conscious future.

Wednesday, September 27, 2023

Zambia Congress of Trade Unions Calls for Unity and Empowerment at NESAWU Youth Quadrennial Conference

Chali Mulenga

Livingstone

In a passionate address at the National Energy Sector and Allied Workers Union (NESAWU) Youth Quadrennial Conference, Mr. Joy Beene, the Secretary General of the Zambia Congress of Trade Unions (ZCTU), emphasized the importance of going "Back to Basics in Unionism" to address the challenges faced by workers and ensure a brighter future for all.

Mr. Beene opened his speech by underlining the vital role of knowledge and information in empowering trade union members. He stressed, "Knowledge is power, and an informed membership is an empowered one." He called upon the government to address the rising cost of living, urging them to communicate clear measures to alleviate the burden on citizens.

Highlighting the economic challenges faced by Zambia, Mr. Beene reminded the government of its responsibility to fix the economy and expressed confidence in their capacity to do so. However, he also called for transparency and dialogue, stating, "We want the government to talk to us on the measures they are taking to fix the economy."

The core theme of Mr. Beene's address revolved around "Back to Basics in Unionism." He elucidated on what this meant for the trade union movement:

Reaffirming Solidarity and Collective Action: Mr. Beene stressed the importance of unity and collective action, emphasizing that trade unions are a formidable force for advocating fair wages, safe working conditions, and social justice.

Empowering Youth: He emphasized the role of young workers in the future of the movement and the need to mentor and guide them, harnessing their energy and innovation effectively.

Embracing Diversity and Inclusivity: Mr. Beene called for trade unions to unite workers from all backgrounds, emphasizing that inclusivity should be reflected in policies, not just slogans.

Education and Training: He stressed the importance of educating members about their rights and responsibilities, noting that every right comes with a responsibility.

Mr. Beene also underscored the importance of core values in trade union work, including justice, fairness, and worker protection. He referenced historical trade union slogans like "Unity is Strength" and "Workers of the World, Unite!" as reminders of the power of unity.

Addressing the need for leadership development, he emphasized the critical role young workers play in the future of the trade union movement, stating, "The nursery of leaders we are building today through this elective congress is very critical for the future of the trade union movement."

Mr. Beene acknowledged the global challenges faced by workers, especially in the energy sector, due to technological advancements and environmental concerns. However, he reiterated the enduring importance of trade unions in protecting and advancing workers' rights.

In his closing remarks, Mr. Beene thanked the delegates and expressed hope for a more just and equitable future. He concluded with the rallying cry of "Solidarity Forever!" and "Workers of Zambia, Stand Up and Be Counted!" and called for unity, resilience, and renewed determination among workers.

The Secretary General's speech at the NESAWU Youth Quadrennial Conference served as a powerful call to action for trade union members to unite, empower the youth, and uphold the core values of justice and fairness in their mission to improve the lives of all workers.  
In a historic gathering at the Livingstone Fairmount Hotel, the National Energy Sector and Allied Workers Union (NESAWU) held its first-ever Youth Quadrennial Congress under the theme "Back to Basics in Unionism." This event marked a significant milestone in the organization's history, as it inaugurated its very first youth wing.

Clark Siankulu, the General Secretary of NESAWU, extended a warm welcome to all attendees, including esteemed guests of honor, Mr. Joy Beene, the General Secretary of the Zambia Congress of Trade Unions. The presence of Mr. Beene added significance to this momentous day.

Delegates and representatives from various organizations, including BETUZ, ZRA, CAWUZ, GRAMUZ, as well as international guests from Malawi, South Africa, Namibia, Ghana, Nigeria, and Zimbabwe, were in attendance. The event also welcomed former Presidents of NESAWU, President Chupa and President Wankungma, along with former General Secretaries Honorable Mtayachalo and Manson Mtambo, highlighting the rich history and traditions of the organization.

NESAWU's gratitude extended to affiliate representatives from ZESCO, KGRTC, AFROX, SGS, Elsewedy Electric, and ERB for their continued support and collaboration in advancing the energy sector and allied workers' interests.

The highlight of the day was the birth of the NESAWU Youth Congress, offering young members the opportunity to exercise their democratic rights in choosing their leaders. This development underscores NESAWU's commitment to fostering inclusivity and progress within its ranks.

In his address, Siankulu emphasized the importance of the youth wing, recognizing that the youth are not just the future but an integral part of the present. He urged young members not to see themselves as tools of violence but as agents of national development and future leaders, emphasizing the need for their active involvement and protection.

Siankulu encouraged the youth to think innovatively and work diligently toward the development of Zambia, advocating for positive work ethics and resistance to unproductive pursuits. He emphasized that the contributions of the youth should serve as a beacon of hope for the nation's future.

Siankulu concluded his speech by announcing successful negotiations on behalf of NESAWU members in organizations such as Afrox, SGS, and Elsewedy Electric, highlighting NESAWU's commitment to inclusivity and progress in the energy sector.

The NESAWU Youth Quadrennial Congress marked a historic step forward for the organization, demonstrating its dedication to empowering the youth and strengthening its role in shaping the future of Zambia's energy sector and allied workers.




Tuesday, September 26, 2023

ZRAWU President Urges Vigilance in Protecting Workers' Rights

Chali Mulenga

Livingstone 

The Zambia Revenue Authority Workers Union (ZRAWU) President, Ms. Kantumoya Choba, delivered a powerful message at the National Energy Sector and Allied Workers Union-Youth Congress 2023, emphasizing the crucial role of trade unions in protecting workers' rights and advocating for gender equality within labor movements.

Ms. Choba, at the forefront of the ZRAWU, reminded union leaders of the need for proactive efforts to safeguard workers' rights and promote gender equality. She stressed that trade unions must actively participate in national decision-making processes, as these decisions have far-reaching impacts on workers' lives.

According to Ms. Choba, the absence of trade unions in national decision-making jeopardizes their ability to protect and advance workers' rights. She called on trade unions to fight not just for basic necessities but also for a better quality of life, symbolized by the pursuit of "bread and roses."

In a message of solidarity to the National Energy Sector and Allied Workers Union-Youth Congress, Ms. Choba highlighted the ever-evolving work environment, where trade unions must ensure the protection of the economy at all costs. She urged youth leadership to actively participate in formulating and implementing worker-friendly political and economic policies.

Speaking at the congress under the theme "Back to Basics in Unionism," Ms. Choba urged delegates to draw inspiration from the historical context that led to the establishment of workers' unions. She emphasized that understanding the past is key to navigating the present and shaping the future. Ms. Choba commended the youth leaders for their dedication to defending workers' rights, expressing hope in the future of the labor movement.

Ms. Choba didn't shy away from addressing the tendency of employers to prioritize their businesses over workers' welfare. She emphasized that workers' rights are fundamental human rights, deserving unwavering protection. She encouraged attendees to closely monitor political leaders' actions and to challenge detrimental laws and policies before they take effect.

In her closing remarks, Ms. Choba thanked everyone for their commitment to advancing workers' rights and creating a better world of work. She expressed confidence that the National Energy Sector and Allied Workers Union's fight for workers' rights will serve as a catalyst for improving workers' conditions in Zambia.

call for pitches

 **Call for Pitches: Reproductive Maternal Neonatal Child Adolescent Health and Nutrition (RMNCAH-N) Stories**

Are you a passionate journalist interested in shedding light on crucial issues related to Reproductive Maternal Neonatal Child Adolescent Health and Nutrition (RMNCAH-N)? We invite you to submit your story pitches for a chance to make a meaningful impact and contribute to raising awareness about these vital topics.

**About the Opportunity:**

The RMNCAH-N is an area that demands our attention, as it directly impacts the well-being and future of our communities. We are seeking thought-provoking, investigative, or analytical stories that can bring about positive change and inspire action.

**Support for Journalists:**

We understand the importance of your work, and we are committed to supporting you in your efforts. Travel and other logistics support will be provided to selected journalists to help you conduct in-depth research and interviews, ensuring your stories are well-rounded and compelling.

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To facilitate your investigative work, please include a budget outline as part of your pitch. This should cover the estimated expenses related to your story, such as:

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5. **Miscellaneous Expenses:** Account for any unforeseen costs that may arise during your reporting.

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Please send your story pitches, including the budget outline, to **healthbeatadvocate@gmail.com** no later than the end of this month.

In your pitch, include the following:

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We are excited to receive your pitches and work together to bring these crucial issues to light. Let's make a difference in the realm of Reproductive Maternal Neonatal Child Adolescent Health and Nutrition. Together, we can inspire change and improve lives.

For inquiries or more information, please contact us at **healthbeatadvocate@gmail.com**. Thank you for your dedication to quality journalism and making a positive impact on our communities.

Witness Defends Businessman in Livingstone Land Dispute

 In a case before Magistrate Kahoyi Mushabati, Ian Mulemwa provided a defense for businessman Shah Jayendra Kumar Chihanganlal, recounting h...