Girl, 12, Gets HIV After Being Defiled
By Monica Kunda
AN 80-year-old Congolese man is alleged to have infected a 12-year-old girl
with HIV after he defiled her.
Suspect Dies Of Strangulation?
By Perpetual Sichikwenkwe
Preliminary results of a Chipata man, whom police said had hanged himself
while in their custody, have indicated that the man died of strangulation.
Police Detain Breast-Feeding Mother Over
Hubby's Debt
By Perpetual Sichikwenkwe
TWO officers from Kitwe Central Hospital Police Post are alleged to have
detained a woman who had a two-month old baby after they did not find her
husband whom they were looking for in connection with a debt.
Deceased's Relatives Defy Will
By Perpetual Sichikwenkwe
A Kabwe widow has appealed to the Legal Resources Foundation to intervene in
a matter in which her late husband's relatives have defied his Will.
Guard Detained Four Days Over 'Donated' Shoes
By Monica Kunda
Police officers of Mongu Central Police Station have been accused of
detaining a guard on allegations that his friend stole shoes belonging to a
police officer.
Police Refuse To Open Docket
By Monica Kunda
A Lusaka resident has complained to the LRF News that police officers at
Lusaka Central Police Station have allegedly refused to open a docket for
some police officers of Los Angeles Police Post who allegedly tortured him.
Employer Grabs House From Former Employee
By Perpetual Sichikwenkwe
Jams Auto Spares managing director John Simute is alleged to have grabbed a
house belonging to his former employee on grounds that the money used to
build the house was stolen from the company coffers.
Shoprite Pays Retiree After LRF's
Intervention
By Perpetual Sichikwenkwe
A Chipata retiree has been paid his terminal benefits by Shoprite Checkers
after the Legal Resources Foundation (LRF) intervened in the matter.
Man Detained Over ‘Settled' Matter
By Monica Kunda
A Mongu resident has complained to the Legal Resources Foundation that his
cousin has been remanded at Mongu Central Prison over a case that was
settled outside court.
Matakala Nyamazana of Bukwandi village in Mongu complained that his cousin
Kawana Litiya was accused of stealing a cow from his cousin sometime last
year.
We Want A New Constitution Before 2006 Polls
-Forum
By Perpetual Sichikwenkwe
Nalolo Member of Parliament Inonge Wina says it is important that the
electoral and constitutional reform processes iron out all aspects that
rendered past elections contentious.
Nawakwi Urges Government To Empower Women
By Monica Kunda
Forum for Development and Democracy president Edith Nawakwi has urged
government to empower women as they are deprived of a lot of things.
Ndola Police Officers Torture Suspect
By Perpetual Sichikwenkwe
A resident of Buchi Compound in Kitwe has complained to Legal Resources
Foundation (LRF) that two officers at Ndola Central Police Station
repeatedly battered him for nine days and later released him
unconditionally.
LRF Urges Govt To Establish Detention Centre
For Refugees
By Perpetual Sichikwenkwe
The Legal Resources Foundation (LRF) says it is imperative that government
establishes a detention centre for refugees and asylum-seekers in the
country.
Son Wins Piece Of Land
By Perpetual Sichikwenkwe
The Legal Resources Foundation (LRF) in Eastern Province has advised members
of the public to be careful when involving themselves in transactions of
land to avoid being swindled.
Inmate Battered To Death
By Perpetual Sichikwenkwe
A Chama woman in Eastern Province has accused prison warders at Katube Open
Air Prison of battering her son to death.
Cop Assaults Man For 'Trespassing' At Police
Post
By Perpetual Sichikwenkwe
A Libala Police Post officer is alleged to have assaulted and detained a
Kalingalinga resident for allegedly trespassing at the police post.
LETTERS
Bus Stations Allocation And Accidents
Dear Editor,
Allow me to air my views in your newsletter concerning the above matter.
First and foremost, I would like to register my disappointment to us the
people of this country for blaming bus drivers over road accidents which
mostly are caused by over loading.
I believe the main culprits are the passengers because we tend to sit on
what is commonly known as pa bondix. It seems to me that we are always in a
hurry and wanting to pay reduced fares.
We feel that the bus drivers are doing us a favour when we are actually
risking our own lives.
I think if we develop a tendency of being patient, we can solve this problem
of accidents.
There is need for police traffic officers to sensitise people on the
required number of people to be on each bus. The other cause of bus
accidents is over speeding, which we passengers do not really care about.
It is again up to us as passengers to always remind drivers to follow the
regulated speed limits and if need be, report over speeding drivers to any
nearest police station or post. We always wait for the police to come and
control the situation.
Honestly, how can we entrust someone with our own lives? I would also like
to express my disappointment when it comes to the allocation of bus stations
by the council. An example is that of Woodlands Extension Burma Road route
of which I am conversant with.
If you were to take a bus from town to Woodlands using Burma Road, you will
agree with me that Monument, Fur, Mosi-oa-tunya, Stadium and Monica Chumya
bus stations are poorly and dangerously located as they are all found at
junctions where a road joins into the main road. This makes it difficult to
join or cross the road, as there is obstruction.
Finally, may I also make an appeal to the relevant authorities to put up a
bus station at the route, which goes from Burma Road to Maina Soko Military
Hospital for easy accessibility to the hospital by sick people.
The Fur road bus stop is quite far for patients to walk to the hospital.
I am also appealing to the council to come in and stop buses passing through
residential areas as they disturb us a lot.
The buses always run at great speed and I even fear for children who play
around those roads. I would really be very happy if my complaints are put
into consideration by the authorities concerned.
Yours faithfully,
Chrisogonus A.S
Woodlands/Lusaka
You are doing a good job!
Dear Editor
I would very much appreciate if you could allow me to air my views in your
newsletter.
I am one of the members of public who appreciate the work you are doing in
Zambia. One only wishes that there would be more funding to your
organisation so that every Zambian could have access to justice.
There is no justice in Zambia except to the rich who can afford the legal
fees. With most Zambians living in abject poverty, to even think of justice
is a far-fetched dream. Much more with the high cost of legal fees demanded
by legal practitioners.
The work your organisation is doing is much more than what the Legal Aid
Department is doing. I would therefore like a situation where government
working together with cooperating partners would empower your organisation
with resources that would enable you reach all Zambians.
I would also like to urge you to intensify in your publications and create
many more publications, especially those of know your rights nature so that
many Zambians who access your publication can know their rights and be able
to claim them.
Many people in Zambia are denied their basic human rights but they are
unable to claim them because they do not know their rights. In some
instances, even if they know their rights, they are unable to claim them
because they have no means by which to do so.
They say ‘justice delayed is justice denied’ so please know that we
members of the public are behind you and would support you in your endeavors
to make justice available to all Zambians.
God richly bless your organisation.
Yours faithfully
Mutinta Syasidu
Lusaka
Leave Magistrates Alone
Dear Editor
Allow me space to comment on the complaint which was lodged in your magazine
of May 2005 Issue No. 73 by Mr. Edward B. Tembo of Petauke Boma concerning
magistrates being unfair.
It is very surprising to me hearing a person siding with offenders or rather
violators of human rights who also break the Zambian and Godly laws.
How can he say that those magistrates from Petauke and Nyimba districts have
wrongly invested their authority by subjecting innocent people to harsher
penalties for minor offences.
I wonder if assault and being found in possession of dagga can be minor
offences that can be sorted out at village level. This is impossible and it
will mean the law is of no use to people because of sorting out cases like
these mentioned for themselves.
In my own understanding, a person found in possession of dagga or assaulting
someone, is a criminal. And should not be left like that. They should be
brought to book and be slapped with hard labour in prison as those
magistrates are doing.
Dagga is a dangerous drug that makes people become violent and violate other
people's rights or break the law by assaulting people. And you call a person
doing this as 'innocent' and slapping a harsher sentence on this kind of
person as unreasonable? No! It is right to slap harsh sentences with hard
labour so as to reduce crime in our country.
To the magistrates, I say continue with that job of justice because in the
near future, people will know the law and be scared of committing crimes
like these.
Zambia is a Christian nation and for this matter it deserves decent and
God-fearing people who know how to love and avoid being engaged in such
cases.
Yours Faithfully
Sepiso Mukela
Mongu
Our Suffering As Ex-Coup Convicts Has
Continued
By Perpetual Sichikwenkwe
NEWS of an attempted Coup de tour, on October 28, 1997 sent a lot of fear
and panic in many people's lives in Zambia. The failed coup was aimed at
over throwing the government of Second Republican President Fredrick Chiluba.
However, Zambian security personnel managed to quell the attempted coup and
calmed the situation.
A lot of people, who were alleged to have been behind the attempted coup,
were arrested, detained, questioned, tried and sentenced to life
imprisonment.
However, in the process of the court deliberations, other accused soldiers
were acquitted while others were sentenced for a specific number of years.
The majority suspects who were arrested were the Lusaka-based Zambia Army
soldiers who were said to have been actively involved in the failed coup
that was master-minded by Captain Steven Lungu alias Captain Solo and the
late Captain Jack Chiti.
The suspects, who were detained in different prisons across the country,
were sent to Mukobeko Maximum Prisons in Kabwe after they were convicted in
the courts of law.
Several soldiers, who contended during their trial that their involvement in
the coup was totally on obeying orders from their superiors, were eventually
acquitted on different grounds and different times.
However, the two, Captain Lungu and the Captain Chiti continued serving the
life imprisonment.
But Captain Chiti received Presidential pardon due to poor health. He died a
few days after being released.
From their time of arrest, the suspects complained of severe violation of
their human rights, such as physical and mental torture.
The complaints compelled government under President Chiluba to set up a
commission of inquiry that would investigate and establish the alleged human
rights violations.
The Commission which was chaired by Judge Japhet Banda established among
other things, that suspects were subjected to both physical and mental
torture in various forms.
“Physical torture usually took the form of beatings, burning, deprivation,
electric shock, posture, sexual harassment and suffocation. On the other
hand, it took the form of simulated execution, solitary confinement,
degradation, insults, threats, witnessing torture and exposure when on
toilet,” stated the report.
A cross check of the evidence submitted by the victims to the Commission,
showed a regular pattern of torture.
“First, the suspect was asked to make a statement on what he knew about
the October 28 attempted coup. If there was no incriminating information in
the statement, the suspect was threatened with torture and told to tell the
officers 'what they wanted him to tell them.' After the threats, the suspect
was asked to make another statement and if the officers were still not
satisfied, the suspect was subjected to torture,” the report said in part.
According to the report, a suspect was asked to make another statement and
the cycle would continue until the suspect made an incriminating statement
or agreed to sign the statement written by investigating officers.
The Commission established that some of the acts of torture carried out by
the police and other security officers were so severe that they destroyed
the dignity and impaired the capability of the victims to continue with
their normal lives and activities.
The above and other findings of torture left the Commission with no option
but to recommend that compensation be awarded to the 79 suspects, who in the
view of the Commission, deserved to be compensated. The total amount for
compensation is K650,500,000.00 (six hundred and fifty million and five
hundred thousand kwacha), which was to be paid to individuals ranging from
K500.000 for the lowest to K25 million for the highest award.
But from March 2000 when the Commission made the recommendations to
Government, the 79 soldiers have not been paid their packages.
Representatives of the 79 troops said at a press briefing held at PRICA
offices in Lusaka on July 12, 2005 that there have suffered enough and were
wondering why government was not paying them compensation.
Group leader Chamunda Simwawa said the soldiers paid government a lot as
they served their sentences under different conditions as such there was no
need of worsening their suffering by delaying their packages.
“We are suffering souls which do not have anywhere to go to since we were
evicted from government houses and our belongings which we left were taken
away from us. Our children are now destitute and are out of school with no
accommodation,” Simwawa said.
He said that they have been to several places asking for help on the matter
but their plea falls on deaf ears.
“As former prisoners, we have rights and government is violating our human
rights by not paying us what belongs to us. We want our money so that we can
start a new life. How are we expected to carry on after prison life with no
money, no houses and no food?” Simwawa complained.
He said the 79 former convicts have been patient enough thinking that after
meeting the HIPC completion point, government would prioritise their plight.
“We are appealing to our President, whom we love and pray for, to look
into our plight and give us our compensation and benefits which we desperate
need,” he said.
Another former coup convict, Peter Chanda, said nobody had put much effort
in following up their issue of unlawful detention, which was handled by
Judge Hilda Chibomba in July 2000. Judgement was entered against the state.
“
The matter was referred to the Attorney General (AG) and it’s now five
years and nothing has been done,” Chanda said.
And Francis Kokola, also a former coup convict, said the 79 former soldiers
came from a loyal and noble profession and not until the day of their
arrest, served the Zambian government diligently.
Kokola said Zambia has enjoyed peace since independence and the former coup
convicts have contributed to that.
“Our prayer is that our grievances will be heard by government. We have
contributed a lot and we are not like any other cheap criminals that rob and
kill people and it was not our wish that we found ourselves in this
situation” he said.
Kokola said the convicts were Zambians and were entitled to rights, which
should not be denied.
Another former coup convict, Pumulo Sifunganyambe, said they are rumours
that the other people that were implicated in the failed coup and were
tortured such as Dr. Kenneth Kunda, the late Dean Mungomba and Princess
Nakatindi Wina were given their packages of compensation.
“If it is true, we wonder whether those who were given are more Zambian
than us. It would have been better if we were given our packages at the same
time or maybe even start with us who are more vulnerable,” Sifunganyambe
said.
And Prisons Care and Counselling Association (PRICA) executive director
Geoffrey Malembeka assured the group that his organisation would join hands
with other human rights organisations to assist them have their cries met.
Malembeka said that as a former prisoner, he understood their grievances,
adding that God has listened to their cries and that an amicable solution
will soon be found.
PRISSCA is a registered NGO working to help and alleviate problems faced by
prisoners and former prisoners, especially the most devastating experience
of children incarcerated in prisons with their mothers.
Is Freedom Of Expression A Threeat To Human
Rights In Zambia?
By Monica Kunda
For a long time now, journalists and members of the public have been
lobbying government to enact or come up with the Freedom of Information Bill
(FIO) despite the Constitution having clauses like Freedom of Expression
which is enshrined in part 111 of the Constitution.
This is because journalists and the public feel that there is a gap in as
far as the dissemination and access of information is concerned.
Some people argue that there are pieces of legislation in the laws of Zambia
that are to do with Freedom of Information and do not see the need for
Parliament to enact the Information Bill while others feel that it is
necessary to have it.
In Zambia today people are complaining of the Freedom of Expression not
being adequate as it protects interest of a few selected people.
Apart from that, there is an issue that is so much being emphasised and that
issue has changed a lot of things in the country. This is the issue of human
rights.
Freedom of Expression is a human rights issue, which was enacted to help
people to be free to express themselves either in the media or in other
different communications channels.
The MISA Zambia in conjunction with Pact Zambia and USAID organised a
discussion aimed at seeing whether Freedom of Expression is a threat to
human rights in Zambia.
Speaking during the discussion on July 3 at Lusaka's Chrisma Hotel,
Permanent Human Right Commission chairperson Mumba Malila said Freedom of
Expression in Zambia is not a threat to human rights because of Acts like
the Penal Code that were enacted to protect people from being prosecuted or
persecuted after expressing themselves.
He, however, said the Penal Code need to be subjected to debate and scrutiny
as it has other provision on the freedom of expression that have not been
used for a long time.
“Clauses like the government have power to ban any publication compromises
freedom of expression and should be reviewed, revised or removed,” Malila
said.
He further said that we need a law that will ensure that our freedom of
expression is protected.
Malila said much as we need freedom of expression there is need for people
to know when to express themselves and what they should talk about.
“ I have observed that in many cases people talk without investigating
issues at hand or without any knowledge of what they are talking about.
Baseless talk is an infringement of people's rights as it makes people to
react on issues that are not even factual. People's rights are being
violated day and night because of abuse of freedom of expression,” he
said.
Malila said freedom of expression is every citizen's right, which should not
be abused by issuing very ignorant statements without doing any
investigations.
He said the PHRC has a policy of not commenting on any case before doing a
thorough investigation.
Malila further said that the PHRC have embarked on activities like prisons
visit, cell visit and other areas to investigate cases and make
recommendation to relevant authorities to have justice done.
He said since the Constitution does not give the commission the right to
enforce their recommendations, there is little that the commission can do.
“ The commission is toothless because the Zambian legislation have made it
toothless. In Uganda the commission have the power to enforce their
recommendations,” he said.
Malila, who observed that there is a level of freedom of expression in
Zambia, said people who are fighting for the information bill should
appreciate that freedom of expression is there in Zambia though a lot needs
to be done to enhance it.
He said the commission is working hand in hand with human rights
organisations like the Legal Resources Foundation (LRF) to ensure that
people's rights are protected.
He further said that human rights organisations should be proactive and work
together if freedom of expression is to be fulfilled.
Malila said for the information bill to be enacted, journalists and the
public should continue fighting so that it is in the next constitution.
He, however, urged journalists to be very objective in their reporting and
report in a fashion that promotes patriotism.
Dr. Alex Kasonde welcomed the issue of enacting the information bills. He
said journalists have a duty of making sure that people exercise their right
to expression and should ensure that they exercise this right with
discipline.
“ Journalists should avoid abusive language in their writing because doing
so is not exercising freedom of expression. A journalist's writing should
promote and strengthen a human right culture,” he said.
Lucky Beene from Lusaka said the PHRC would remain a toothless organisation
even after the new Constitution is enacted because the government appoints
commissioners.
He complained that in many cases the PHRC comments on cases that have been
concluded instead of acting when people are being abused.
Beene said freedom of expression does not exist at all in Zambia because
people like the Post Newspaper vendors are being beaten for selling the
paper while human rights organisations keep quiet and watch.
He said there is need for the government to build a speech square where
people can go and express themselves.
Rinos Simbulo founder of Mulumbo Early Chilhood Education (MECE), a Lusaka
based NGO, said the PHRC has failed to make freedom of expression a success.
He said issues like the Constitution where people are supposed to express
themselves is supposed to be made known to the people.
“ Take for example the draft Constitution. The government published only
two hundred copies which were only made available to few selected people in
the country. How are people who have not read or seen the draft Constitution
express themselves?” he said.
Simbulo said this is why there is need for the freedom of information bill
to be enacted. He said the other issue on freedom of expression is how the
systems in Zambia are responding to the need of the people.
Simbulo said Zambians could express themselves and talk on issues that
affect them but if the systems are not responding to these needs, then there
is no freedom of expression.
He said there is need for human rights issues, especially those that are to
do with people to be discussed in the local languages.
And Mwewa Chola a concerned citizen said freedom of expression is not there
in Zambia because the act supports a section of people in society. He said
in many cases, those that support the view of the government are left to
talk and demonstrate even when what they are talking about is not important
when those that do not support the government are blocked from expressing
themselves even when they are talking about important issues concerning our
country.
He said in this case freedom of expression is bot a threat and not a threat
to human rights depending on who is expressing themselves.
LEGAL ADVISOR
Request For Special Assistance
Dear Advisor,
I am Mundanya Chipipa with my co-accused Edward Kamwiinde from Kabwe Maximum
Prison applying for assistance to have our case sessioned in the Supreme
Court of Zambia.
We were charged and convicted of robbery by Judge Japhet Banda of the Lusaka
High Court on the 21st of January 2005 to 25 years imprisonment with hard
labour. Due to unsatisfactory in the judgment where we felt the judge
misdirected himself to convict and sentence us for the offence we did not
actually commit, we have found it necessary to appeal to the higher court.
We appealed in early February and our appeal numbers are 15/05 and 16/05
respectively. Our case record is No. HP22/04. We do not have a lawyer to
represent us and so we plead for your assistance as a competent national
organ.
We are looking forward to your aid that we may be sessioned in the Supreme
Court because our suffering is unjust and unfair.
Yours faithfully,
Mundanya Chipipa and Edward Kamwinde
Dear Kamwiinde and Chipipa,
We wish to stress that it is not easy for lawyers to represent their clients
if they have not seen the facts such as the court records and grounds of
appeal. In this case, you have already appealed and it may not be prudent
for lawyers to adopt your grounds of argument. It is very advisable that
before you decide to appeal, you seek the advise of lawyers so that they
study your case and make sure that your appeal can succeed. Just saying that
the Judge misdirected himself is not good enough a ground of appeal. Kindly
forward us the details so that we may contemplate giving you assistance. We
need to know whether your appeal is against sentence or conviction.
Yours faithfully,
Advisor
Advise Over Long Service Bonus
Dear Advisor,
I joined ZAF Kabwe working as civilian. From a general worker, I was taken
as a guard, guarding one of the Commanding officer's house.
In March 1996, I just received a letter telling me that I was fired for what
they called incompetence.
Please sir advice me on this matter because I was only given transport,
leave days but with no long service bonus. After working for ZAF for nine
years (9) and six months, don't I qualify for the long service bonus? Please
I need your advice.
Yours faithfully,
Patson Ngoma,
Kabwe.
Dear Ngoma,
First you need to know that a dismissal is not retirement or resignation.
The laws of our country state that if an employee is properly dismissed he
is not entitled to the long service bonus as this is given to deserving
employees. Since a dismissal is a disciplinary measure no one would like to
reward someone after punishment because clearly the dismissal is a
punishment and you cannot be rewarded for being punished. The law states
that if the conditions of service state that after dismissal you can get the
same, then you clearly be given the long service bonus. But since ZAF is a
government department, it was going to be different if you had served for
over ten years because you would have been deemed to have gone on early
retirement. Your status as a civilian disadvantages you and you may wish to
note that employees of government whether soldiers or civilians are not
catered by the Employment Act. They are not even called employees because
they are not employed under pure master and servant relationships. They are
protected and cannot be dismissed without the proper procedure being
followed otherwise it would be unlawful. Kindly verify your status and
whether you have a contract with the government or with ZAF since
incompetence is a very serious ground for dismissal which entails that you
can be dismissed without notice. Incompetence means you have no skills for
the job or if you do fail to apply them on your job and you are thus
ineffective, useless and a liability to the company.
Your advisor.
What Can I Do Next?
Dear Advisor,
Thank you for your educative newsletter publication as it is helping us a
lot in knowing our rights and I trust that you will help me get my benefits.
I am a former Nkana Division Miner. My service No. is 198241. I was working
as a Concentrator (as reading mechanic one fitter). I retired in 1986 but my
benefits and pension money has not been paid yet.
I was 55 years in 1990 a year in which I was supposed to get my benefits, up
to now I am not yet paid.
Life Pension Records- I had some records for life pension in 1988 and in
1989-but those forms were burnt including my registration.
I was only paid pension for two months and I complained about the little sum
of money I was paid.
After my complaint, NPF stopped my payments and told me to wait for
government to increase the figures.
However, up to now I have not been paid. So, I want to know what I can do
next since I am living in the village. My NRC number is 152215/67/1.
Yours faithfully,
L. Chisala
Dear Chisala,
You may wish to note that NPF was superceded by NAPSA and according to NAPSA
conditions they do increase the packages after a long time. They also have
special conditions, which you need to familiarise yourself with. Kindly call
on one of their branches and they will best advise you on your fate assuming
your identity is verified. If they cannot assist you they will help you get
over your problem since you are over 55, the age at which they refund all
pensions contributions.
Yours faithfully,
Advisor.
KNOW YOUR RIGHTS
The National Assembly (Powers and Privileges) Act
Continued From Last Edition
(2) In every summons under subsection (1) there shall be stated the time
when and the place where the person summoned is required to attend and the
particular documents which he is required to produce. The summons shall be
served on the person mentioned therein either by delivering to him a copy
thereof or by leaving a copy thereof at his usual or last known place of
abode in Zambia with some adult person: and there shall be paid or tendered
to the person so summoned, if he does not reside within eight kilometres of
the place of attendance specified in the summons, such sum for his expenses
as may be specified by standing order.
(3) A summons under this section may be served by an officer or by a police
officer.
12 (1) The Assembly or any authorised committee may require that any facts,
matters and things related to the subject or inquiry before the Assembly or
such committee be verified or otherwise ascertained by the oral examination
of witnesses, and may cause any such witnesses to be examined upon oath.
(2) An oath required to be taken under the provisions of this section may be
administered by the Clerk or by any other person appointed by the Assembly
for that purpose, or, in the case of a witness before a committee, by the
chairman f the committee or by the member presiding in the absence of the
chairman, or by the clerk to the committee.
13 (1) Where any person ordered to attend to give evidence or to produce any
paper, book, record or document before the Assembly refuses to answer any
question that may be put to him or to produce any such paper, book, record
or document on the ground that the same is of a private nature and does not
affect the subject of inquiry, the Speaker may excuse the answering of such
question or the production of such paper, book, record or document, or may
order the answering or production thereof.
(2) Where any person ordered to attend to give evidence or to produce any
paper, book, record or document before any authorised committee refuses to
answer any question that maybe put to him or to produce any such paper,
book, record or document on the ground that the same is of a private nature
and does not affect the subject of inquiry, the chairman of the committee
may report such refusal to the speaker with the reasons therefore; and the
Speaker may thereupon excuse the answering of such question or the
production of such paper, book, record or document, or may order the
answering or production thereof.
14 (1) Every person summoned to attend to give evidence or to produce any
paper, book, record or document before the Assembly or an authorised
committee shall be entitled, in respect of such evidence or the disclosure
of any communication or the production of any such paper, book, record or
document, to the same rights and privileges as before a court of law.
(2) Except with the consent of the President, no person shall
produce before the Assembly or a committee any paper, book, record or
document; or
Give before the Assembly or a committee evidence; related to the
correspondence of any naval, military or air force matter nor shall
secondary evidence by or produced before the assembly or a committee of the
contents of any such paper, book, record or document.
(3) Except upon the direction of the president, no person shall refuse-
to produce before the assembly or a committee any paper, book, record or
document; or
to give before the assembly or a committee evidence;
Relating to the correspondence of any civil department or to any matter
affecting the public service; and secondary evidence shall not be received
by or produced before the Assembly or a committee of the contents of any
such paper, book, record or document which the President has directed shall
not be produced.
15 (1) Every witness before the assembly or an authorised committee who
shall answer fully and faithfully any questions put to him by the assembly
or such a committee to its satisfaction shall be entitled to receive a
certificate stating that such witness was upon his examination so required
to answer and did answer any such questions.
(2) Every certificate under subsection (1) shall, in the case of a witness
before assembly, be under the hand of the chair thereof.
(3) On production of such certificate to court of law, such court shall stay
any proceedings, civil or criminal, except for a charge under section one
hundred and four or one hundred and twenty- five of the penal code, against
such witness for any act or thing done by him before the time and revealed
by the evidence of such witness, and may, in it's discretion, award to such
witness the expenses to which he may have been put.
16 Any person who before the Assembly or any authorised committee
intentionally gives a false answer to any question material to the subject
of inquiry which may be put to him during the course of any examination
shall be guilty of an offence against section one hundred and four of the
penal code.
To Be Continued
Last Page
Contracts of sale
Introduction
Contracts of sale are the most common types of contracts.
What is a contract?
One person says they will do something for someone. The other person says
they will pay them a certain amount of money to do it. The people have made
a contract. When you have agreed to buy something for a known price you have
made a contract of sale.
For a contract of sale to be legally correct, the buyer and seller must have
agreed about the exact thing that is to be sold. In legal language we-call
this thing or things 'goods'. The buyer and seller must also agree on the
price to be paid for the goods, and when and how the buyer will pay this
price. It is also wise for the buyer and seller to decide when and how the
goods will be collected by, or delivered to, the buyer.
When this agreement is written down and signed by the buyer and the seller
it is a written contract. If the agreement is spoken, not written down, it
is a verbal contract. It is better to have a written contract. Where there
is a dispute, a written contract is a better record of the agreement than
trusting your memory. It is also a good idea to have two witnesses there
when the contract is made. The witnesses should also sign a written
contract.
Cash And Credit Sale
You can enter into different kinds of sales contracts, including cash or
credit sales.
Cash Sales
A cash sale is when payment is made in cash and in full. The buyer becomes
the owner of the thing s/he has bought only when the full price has been
paid and the goods delivered to them. The law says that every seller who has
agreed or written down that they want to make it a credit sale, then it will
legally be a credit sale.
Where a sale is for cash and the goods have been delivered to the buyer, but
no payment has been made, the seller must act as soon as possible. If s/he
does not, then the sale becomes a credit sale.
Credit Sale
A credit sale is when the seller agrees that the buyer can pay for the goods
sometime after they have been delivered or collected. The buyer can pay part
of the money on fixed dates. The buyer does this until the full amount is
paid.
These smaller amounts of money are called in settlements. This way of paying
helps the seller to sell you goods that you might not be able to pay cash
for. It lets you buy goods without having to raise the full amount all at
once.
Buying something on credit is always more expensive than buying it all at
once in cash. This is because you are charged interest on the money still to
be paid.In a credit sale the buyer becomes the owner of the goods sold as
soon as the goods are delivered from the seller to the buyer.
There are many different ways of buying on credit. Before you sign a hire
purchase or any other credit contract, work out the total purchase price of
the goods you are buying. Add up the cash price, plus the interest you will
pay, plus any other charges. Now compare the cash price and the total
purchase price. Is it worth buying on credit?
These smaller amounts of money are called in settlements. This way of paying
helps the seller to sell you goods that you might not be able to pay cash
for. It lets you buy goods without having to raise the full amount all at
once.
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