In the past week, the Judiciary came under spotlight in relation to the treason trial of UPND President Hakainde Hichilema.
The red flag has been raised because Chief Registrar of the High Court Charles Kafunda has been behaving like a mental patient.
It is the first time in the history of the Zambian judiciary that people have to be accredited to listen to a court case being presided over in an open court.
Critics are even wondering how and why a suspect can be disadvantaged. Banning a lawyer representing a suspect is giving advantage to the accuser and disadvantaging the accused.
Banning Journalists, members of the public from an open court defeats the whole idea of justice. Justice must be dispensed in public not in dark corners. That is why it is called an open court. Members of the public who wish should attend court without any unnecessary restrictions especially in a case with such huge, local and international public interest like the trial of HH.
The outcome of a trial that is held in secret, dark corners can not be said to be fair. It is jungle law. The whole idea of having courts of law is to level the playing field between the accuser also known as complainant and the accused also known as Defendant.
The courts of law are like referees in a football match. How can it be called fair play when a referee starts producing red cards to one team before the match starts?
Because of this we have to expose such referees.
CHARLES KAFUNDA has a criminal mind. We have seen comments some some authored by his own relatives on why we are exposing him now. The answer is simple. God’s time is the best. We thought Charles had repented. He has not. He is a (Kandile) a money monger.
Charles Kafunda was the Chief Resident Magistrate in Lusaka when late President Levy Mwanawasa created the Taskforce on Corruption which was chaired by Mark Chona and Late Max Nkole. The Chief Prosecutor was Mutembo Nchito. The Task force on Corruption took several people to court including former president Frederick Chiluba, Soldiers of fortune General Musengule, Gen Sunday Kayumba, Gen Andrew Sakala, Former Spy Chief Saviour Chungu. From the Ministry of Finance we had Stella Chibanda, Professor Ben Mweene and Bede Mpande and James Mtonga.
From the Private Sector there was Aaron Chungu, Regina Chiluba, Faustin Kabwe, Amon Sibande whom the Supreme Court sent to jail three months ago and Anul Rathi a Zambian businessman of Indian origin.
All these were accused of abusing money from the Office of the President Facility called Zamtrop. Charles Kafunda as boss of all Magistrates in Lusaka allocated most of these high profile cases to himself including the one for Anul Rathi. His interest was to receive bribes from these corrupt elements.
Anul Rhati owned a number of companies under his ITT group of companies. His office was in Kabelenga Road next to Godfrey House in Lusaka. During the Chiluba regime, he specialised in bribing Service Chiefs in order to win tenders to supply military uniforms to the defense wings.
Apart from hard Cash, Rathi paid school fees for children of defense chiefs who studied abroad. The Task Force on Corruption arrested him. Rathi who is now in India comes from a very rich family, but of course. His father came to Zambia to see how he can help the son, who was then in jail. He was introduced to a fellow Indian named Sajid Itowala who used to run Cyclone Hardware. Itowala, another corrupt chap, agreed to help and contacted another Indian Mathew Mohan and Magistrate Frank Tembo, a close ally to Charles Kafunda. A meeting was arranged and Kafunda agreed to ‘help’. Rathi senior promised Kafunda huge favours after he comes back from India. Before going back to India Rathi senior left a ” Parcel” for Kafunda.
Kafunda was actually the only Magistrate in Zambia who could afford to send his Children to Nkwazi School in Lusaka at that time. After Rathi senior went back to India, he sent unrebased K1 Billion through Sajid Itowalla to sort out his Son’s problems.
By this time, Mutembo Nchito got wind of it and changed tactics. He started getting court orders when Kafunda was away and he usually got them from Magistrate Xenobert Zulu. Sajid Itowala was now stuck and in the event of waiting for a green light from Kafunda, he invested the money in a roofing sheet manufacturing company along Mumbwa road in Lusaka.
Mathew Mohan who was Inkteck Managing Director, Frank Tembo and Charles Kafunda got wind of the money issue. They organised assassins and abducted Itowala just near the Brazilian Embassy. As soon as Itowala was abducted, he sent a text to a colleague. Later he was found dead in Lusaka West near a Police station.
Mathew Mohan was arrested and sentenced to death and later his death sentence was commuted to Life Imprisonment by Edgar Lungu when he visited Mukobeko Maximum Prison sometime back.
Mohan’s Lawyer was Likando Kalaluka the current Attorney General. Frank Tembo is the one who threw away the Gun that was used to murder Itowala.
When Rupiah Banda took over the Presidency after the death of Levy Mwanawasa, Chiluba complained to him about Charles Kafunda and that is how he was transferred and made Deputy Registrar, where he could not handle cases but do adminitrative work at the High Court until he rose to the current position.
Now, who then should be banned from entering court premises between Lawyer Gilbert Phiri and Charles Kafunda? Meanwhile, these are the people at the Centre of the Judiciary. Criminals in robes. Pharisees.
More details on Kafunda crimes tomorrow.