“I ordered from the Bench that it was the accused’s duty to be before court and answer summons and for mention. I had ruled that court attendance to answer summons before this Court and for mention was not dependent on consent of the DPP!” – Resident Magistrate.
Lusaka, Feb. 8 – In our earlier article on this issue, Dr. Lawrence Mwelwa, shared how Hon. Frank Tayali’s mirthful mayhem ended in a malicious demolition of a family home, a piercing blow, leaving the family grappling with shock and trauma.
Mr. Gilbert Phiri, the Director of Public Prosecution, has clearly abused his powers by shielding Hon. Frank Tayali, the Minister of Transport, his fellow UPND cadre, from facing justice after he had illegally demolished a house belonging to a legitimate owner of the plot it was built on, claiming it was built on his (Hon. Frank Tayali) plot.
Also Read: The Chaos Chronicles: A tale of misadventure and mirthful mayhem. By Dr. Lawrence Mwelwa.
The least Hon. Tayali could have done, was to respect the Court by appearing before it when he was summoned. Ruled the Resident Magistrate back in January 2023…
“On Monday, I had ruled that court attendance to answer Summons before this Court and for mention was not dependent on consent of the DPP. I ordered from the Bench that matter has commenced and it was the accused’s duty to be before court and answer summons and for mention. I therefore issue Bench Warrant against Kabwebwe Ntambo and Frank Museba Tayali and same be returnable upon arrest or on 17th January, 2023.”
Hon. Frank Tayali and the co-accused defied the court order and no arrests have ever been effected because Hon. Tayali is too powerful, being a Cabinet Minister, to face the law.
Also Read: Oswald Diangamo too close to President Hichilema to face justice, set free!
In a bid to see that justice prevails, the victim has decided to write President Hakainde Hichilema. We wait to see if Mr. Hichilema will walk the talk on the issue of the rule of law he boasts about having restored each time he holds a Press Conference.
Dear Mr. President Hakainde Hichilema,
I am writing this letter with a heavy heat as we find ourselves in a situation of helplessness. Last year, our house in Ndola, Dola Hill, was illegally demolished by the Honorable Minister of Transport, Hon. Frank Tayali, who claimed ownership of the property.
Despite our efforts to raise awareness through social media, we were unable to reach you, and no action was taken. Subsequently, we pursued legal recourse, but the Director of Public Prosecutions (DPP) denied us access to justice. The Judge presiding over the case attempted to uphold justice within his authority, but ultimately, he felt compelled to drop the case due to the accused’s perceived immunity from prosecution.
Mr. President, as a champion of the rule of law, we have nowhere else to turn but the courts. However, the court’s decision to abandon our case has left us feeling hopeless. We have reached out to the State House multiple times since October, but we have yet to receive a response.
Our family is now homeless, and the emotional and physical toll on us is immense. My mother is still suffering from the injuries sustained during the beating by the cadres, and my uncle is traumatized. Personally, I have been tirelessly navigating through various offices seeking assistance.
I understand that this platform may be intended for tourism-related matters, but I am desperate to reach you. Please review the documents detailing the recent court rulings and proceedings, which illustrate the judge’s difficult position in dropping the case.
We had a home, and now we are left with nothing but homelessness and despair. If I have broken the law by sharing some of these documents from the Court, I ask for your mercy because am now hopeless.
Ends the letter by the victim to the Head of State. It’s our hope that the Head of State will this time round attend to this issue.
Also Read: The DPP is shielding the careless Inspector General of Police from prosecution – Dr. M’membe.
By commenting on this article and/or sharing it, you will be increasing the chances of the victims message reaching the Head of State.
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