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RB’s Son, JAMES BANDA In Hot Soup
EMBATTLED former republican President Rupiah Banda’s son, James Banda, since his father lost power in September during a turbulent but peaceful election that saw President Sata sweep the high stakes.
Barely a week after Tumfweko.com first reported and then a respected local newspaper The Post reported that he had been “detained” for a while by police as he left Zambia for the Democratic Republic of Congo (DRC) ostensibly on business, more trouble seems to have come his way.
This time, James has been charged with assaulting former Finance Bank director Noel Nkoma and was expected to appear in the Lusaka magistrate’s court yesterday.
Mr Nkoma wants justice meted out on Banda, fondly known by close friends and admirers by his moniker ‘Jimbo’.
Police spokesperson Ndandula Siamana confirmed in an interview in Lusaka yesterday that James has been charged with assault and the matter came up in court yesterday.
“Yes, I can confirm the matter came up in court today (yesterday), but it could not take off because James is not in the country. It is an assault case. The incident happened on October 12, 2011, at the Taj Pamodzi Hotel in Lusaka around 19:00 hours,” Ms Siamana said.
The Zambia Daily Mail called Mr Nkoma on his mobile phone yesterday, but he refused to comment on the matter and advised this reporter to proceed with the details he had obtained from court records.
Similar attempts were made to call James, but they proved futile.
Court records show that the matter may be heard by chief resident magistrate Joshua Banda or be allocated another court officer.
The matter, however, could not take off yesterday because James was not before court when it was called, and that prompted magistrate Banda to order the former President’s son to appear before the court on November 2. He did not say what will happen if ‘Jimbo’ does not make it to court.
Even though it appears to be a simple open and shut assault case, the James-Nkoma case has a twist to it.
James’ lawyer, Lubinda Linyama, has asked for the court’s advice on the matter because Mr Nkoma had allegedly withdrawn the assault complaint from the police for undisclosed reasons. He wants the charges against his client dropped.
But magistrate Banda has refused to grant the request saying “l thought that could have been the case (the withdrawal), but the court process started when the court received an indictment which alleges a criminal wrong, the terms are regulated by the CPC (Criminal Procedure Code) as well as the long standing practices and traditions,” magistrate Banda, no relationship to the accused, said.
He said when an indictment is presented before court, the accused should appear to answer to the charges. Mr Nkoma has no power over the matter anymore as the complainant.
Mr Banda said the application to withdraw the case can be made under Section 201 of the CPC after the accused person has appeared in court and the charge has been explained.
“In this case, the accused person is not before court. Let the due process be followed. Accused must appear to take plea and the subsequent and appropriate applications be made,” he said.
Earlier, Mr Linyama said, “I would like to get the court’s guidance on this matter because my client was arrested on October 17, 2011, and the following day the complainant (Mr Nkoma) went to the police and withdrew the complaint and the matter was considered closed.”
He wondered why the prosecution took the matter to court when they knew James was out of jurisdiction.
Mr Linyama said he can invoke Section 8 of the CPC and have the matter withdrawn.
But the prosecution argued that James should have been in court yesterday because he, through his surety, was informed of the date he was supposed to be in court before he left the country.
The State prosecutor said the matter can be adjourned to another date to enable the offender to appear in court.
Details of the reported decision to withdrawal the case by Mr Nkoma remain vague as he could not say whether he has discussed an out-of-court settlement with ‘Jimbo’.
Posted by Editor
on October 29, 2011. Filed under LATEST NEWS.
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MAIKALANGE
October 29, 2011 at 12:20 pm
Big people have small brains and small people have big brains. My God deliver the BWEZANI family for their day are gone its time to live ordinary lives.
a salt with a deadly pepa
October 29, 2011 at 12:20 pm
Eeeee, he looks like his father, I used to think he was something else..!!
Tonga Steel
October 29, 2011 at 12:28 pm
Nayena Noel kuti bamuponona shani ku mwaiche? Anyway filachitika
BOOMBO CLAN
October 29, 2011 at 12:46 pm
Tonga steel. abena noel tabakosa imagine ukubanaya kuli james ukwabula no kuposako zoona.
sack
October 29, 2011 at 12:56 pm
kanshi chikala chakwe james aliponona ba yama ok apingilwa chikala chakwe
Donkeys Live a Long Time
October 29, 2011 at 1:01 pm
When someone hits you on the cheek give him the other one too. Dont hit back so said Jesus. Do not take the law in your hands. If you hit back no one will notice the difference.
Boomerang
October 29, 2011 at 1:10 pm
Sounds like Noel was paid well to ease the pain of the punches!
Florence Wachimonahu Dehi
October 29, 2011 at 1:10 pm
Awe that’s nice if ba Noel also didn’t throw back so that the character can be dealt with nicely. Not ne fyaku chita withdraw, kuti babelela uku bomfye mpiya. They should know that their time is over.
DK
October 29, 2011 at 1:38 pm
EBWAFYA TUSHINGWANA NABO FWE PINA KULI BA KAPOLI ABAKWETE INDALAMA ! JUSTICE ILASHUPA! ABA MUPINA NGALI MU KALYATI !
Chali
October 29, 2011 at 2:05 pm
BWEZANI AND SONS AGAIN
talooka
October 29, 2011 at 2:08 pm
Guys, please find better editors. The first sentence doesn’t make any sense at all! Did you ever go to school?
BBC
October 29, 2011 at 2:12 pm
Please stop insults and give us what is go to read
BBC
October 29, 2011 at 2:15 pm
Please stop insults and give us what is good to read
Valley Mouth Piece
October 29, 2011 at 2:58 pm
IT seems doubtlessly that Ba Noel got into JB’s pocket. He was given Kang’ono. What do you think?
jax
October 29, 2011 at 4:05 pm
Rumour has it james paid mr nkoma 80 mill cash to withdraw the case. True story
irrationalman
October 29, 2011 at 5:11 pm
james must realise that their time is gone. i fnot careful all the little money be it dirty he has will not take him anyware.
Brig misheck collins
October 29, 2011 at 10:59 pm
SONS,SONS,SONS ,RB could not see it coming?
Saddam Hussein was brought down by sons ,Muommor Quaddaff was brought down by sons even our own Mr (Dr)fredrick chiluba was hated because sons (Castro)was beating up people ,cant these sons of the *** be control for a change.Cage that son of the **,Please Noel don’t withdraw that case you don’t need money ,you will get back your job anyway
as Executive director maybe,but even higher (Managing Director ).I like you Noel but keep away from those sons of the *****.next time you are in the USA visit me in Austin TX.I will buy you a cup of good coffee or Ice Tea.
lekanan
October 30, 2011 at 12:03 am
James pheta
Professor
October 30, 2011 at 9:30 am
fellow country men and women
lets not be petty, we need serious cases before court, whjta happened to tax payers money through jimbos dirty deals thats is what the public wants to know , whom or how james assaulted has very little to do with public interest.
we want james arrested and indicted for the offences he committed to the zambian people through fraudulent deals.
Jim Ga-gan
October 30, 2011 at 3:47 pm
If Jimbo is going to be a everyday topic and the law enforcement agents in this country have something on him, then just get him and throw him in jail. We got a task ahead for us 2 tackle. What do we do with the daily increasing levels of poverty, health – How to provide free health services, medicine provisions. Education – what caliber we should provide to our children, who for a start should get free education and a lot more issues, not 50 yr olds, one with a belly full of corrupt money from our coffers, and the other with his hard earned money, mixing with x-fish mongers, Noel pliz read (The power of association). Let’s get going ZAMBIA, LETS GO!!!!!!
spax
October 31, 2011 at 10:50 am
what makes this “jimbo” thing an issue? we jst know that Noel was sorted out but we ve not been told why. let the law take its own course
kay
November 10, 2011 at 12:19 pm
hmmmm
kay
November 10, 2011 at 12:24 pm
Plunderer’s son with two galfriends both girlfriends wth similar 600million BMW vehicles…needs to be caged for sure