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Amos Malupenga


A POLICE detective yesterday told the Lusaka High Court that his investigations identified former president Frederick Chiluba’s spokesperson Emmanuel Mwamba as creator of the two contemptuous articles.

Emmanuel Mwamba

Testifying in a matter where Mwamba is alleged to have authored two contemptuous and scandalous articles relating to the Inkteck managing director Mathew Mohan and Idris and Shabia Patel murder trial, Alfred Foloko said he received a court order through the Director of Public Prosecutions (DPP) which required the investigating authority to identify the author and publisher of the contemptuous articles.

Foloko said the court order directed the police to apprehend and take to court the culprit.

He explained that he went to Patents and Companies Registration Agency (PACRA) to establish the editors of the Zambian Watchdog.

Lloyd Himaambo

“I discovered that the editor is Mr Lloyd Himaambo of Plot number 6059 Sibweni Road Northmead,” said detective chief inspector Foloko.

He said he proceeded to look for Himaambo but he did not find him and a manhunt had since been launched.

Foloko testified that he then interviewed Post managing editor Amos Malupenga in relation to the articles and the latter confirmed receiving one of the articles in his mailbox.

He said Malupenga also produced a tape recorder, which contained the conversation between him and Mwamba and the recording transcript.

Foloko said Malupenga showed him messages on his Blackberry that were sent from Mwamba’s phone number 0977 789102 begin_of_the_skype_highlighting              0977 789102      end_of_the_skype_highlighting.

He said apart from the text messages from Mwamba, Malupenga printed out an article titled The Sajid murder – The plot thickens, an email, which he said came from Mwamba on emwambe2@yahoo.com.
He told the court that the same email was forwarded to Amos Chanda’s amoschanda@yahoo.co.uk.
Foloko explained that he forwarded the article from Malupenga’s mailbox to Garry Mukelabai, the information systems manager at Zambia Information Communication and Technology Authority.

Foloko explained that Mukelabai, in his presence, established that the article The Sajid murder-The plot thickens was created on October 18, 2010 at 23:30 hours and it was sent to Malupenga and Chanda 37 minutes later.

Foloko told Supreme Court judge Phiri that he and Mukelebai analysed the two articles on the Zambian Watchdog and conclusively agreed that they passed through the editorial process before being published.

He said Chanda also confirmed having received the two articles from his friend Mwamba.
Foloko said Chanda also confirmed having been in contact with Mwamba in person and on phone.
He said he later went to Zain Zambia to obtain a printout of calls and text messages to confirm if at all Mwamba communicated with both Malupenga and Chanda.

Foloko said he confirmed that Mwamba had phoned and sent text messages to Malupenga 42 times from October 1 to 28 and 62 text messages to Chanda from October 1 to 14.

He said the printout from Zain also confirmed that on October 28 Malupenga phoned Mwamba but the call was very brief and Mwamba phoned back with the conversation lasting 853 seconds.

According to Foloko, his supervisors contacted Mwamba on 0977 789102  and asked him to report to the police station.

However, Mwamba said he was out of Lusaka but would do so upon return.

Foloko said he had concluded that Mwamba created the two articles going by the documents he gathered and the interviews conducted.

Mwamba’s lawyer John Sangwa said he needed time to study the document because he did not know the contents of the recorder.

Judge Phiri said the question of admission of the recorder would be reserved until Sangwa studies the contents of the document.

The parties then went into chambers to agree on the next hearing dates.

Earlier, Malupenga told the court that Mwamba said he went too hard on him following The Post’s letter alleging that he authored two contemptuous articles.

During re-examination led by judge Phiri, who sat as a High Court judge, Malupenga told the court that he communicated with Mwamba twice after The Post wrote to him on November 2, 2010 exposing him on the contemptuous and scandalous articles, which circulated on the Zambian Watchdog.

Malupenga explained that he first communicated with Mwamba through a text message as well as in person at the Manda Hill traffic lights, after the court’s directive to the police and investigative agencies to establish the author of the articles.

“Emmanuel asked me if I had submitted the evidence before the police. I responded by saying I am not volunteering information. Those who are looking for it will approach me. At that stage I will give it to them,” Malupenga said. “Then Emmanuel said ‘you are being too hard on me, I am your friend, I am also your mulamu inlaw’. I told him that ‘I had warned you earlier, it’s a pity that things had come to this’.”

He said he had a phone conversation with Mwamba on October 27, concerning the second article where he admitted having been the author.

During cross-examination by Sangwa, Malupenga recalled that he was very upset after he read the second article on October 27, 2010 and he told his colleagues in the newsroom that it was authored by Mwamba.

Malupenga said Mwamba initially denied having authored the article but eventually admitted.
He said he replayed his recorded phone conversation with Mwamba a few times.

Malupenga said he was very familiar with his conversation with Mwamba where he informed him that The Post had officially declared him as an enemy of the company.

However, he said there was no list of enemies of The Post and Mwamba was the only case.

Malupenga said The Post does not destroy such people but keeps them very close.

He said he even cautioned those, in the newsroom, who interacted with Mwamba to do so with care in that he had been officially recognised as an enemy of the newspaper owing to his activities against the newspaper and its managers.

He said The Post had no reason to destroy its enemies but had every reason to defend itself.

Asked if he were in court to destroy Mwamba, Malupenga said he was there to defend The Post.
When told that The Post published online and print editions and was in competition with the Zambian Watchdog, Malupenga disputed the aspect of competition.

Malupenga further said he did not tell Mwamba he recorded the conversation of October 28 for a good reason.

When asked if he wanted to trap Mwamba, Malupenga said The Post was not in the business of trapping people.

He said he recorded Mwamba in defence of the newspaper from its enemy.

Malupenga said he does not record phone conversations but he recorded Mwamba’s call for a good reason.

Malupenga said he challenged Mwamba to deny having authored the articles but he had not done so to date.

Hearing continues./POST


POST Managing Editor AMOS MALUPENGA says his publication has officially declared former President FREDERICK CHILUBA”s Spokesperson EMMANUEL MWAMBA as its enemy. Mr. MALUPENGA says Mr. MWAMBA was declared an enemy of the POST Newspapers a few days after its Editor-in-Chief FRED M’MEMBE was released from custody on bail in a contempt case.


Mr. MALUPENGA told the Lusaka High Court that this is because of Mr. MWAMBA’s alleged activities against the newspaper.

He was testifying this during cross examination in a matter where Mr. MWAMBA is charged with contempt.

It is alleged that Mr. MWAMBA authored two contemptuous and scandalous articles on the ZAMBIAN Watchdog website analyzing MATHEW MOHAN’s evidence in the murder of Lusaka businessman SAJID ITOWALA.

Mr. MALUPENGA said the publication regards anyone who plans to cause complete destruction of its establishment as an enemy.

He also told the court that members of staff at the POST who dealt with Mr. MWAMBA at a personal level have been told to do so cautiously.

Mr. MALUPENGA further said the online publication is an alternative source of news.

Another witness LLOYD MUSONDA testified that the ZAMBIAN Watchdog was duly registered with the office of the Registrar of Companies.

Mr. MUSONDA, an Assistant Inspector of Companies at the Patents and Companies Registrations Agents-PACRA, testified that a Mr. LLOYD HIMAMBO is the sole proprietor of the online publication./ZNBC


By Times Reporter

SECOND Republican president Frederick Chiluba’s administrative assistant, Emmanuel Mwamba was yesterday arrested and detained in connection with anonymous articles that appeared on the web-based publication, the Zambian Watchdog.


Mr Mwamba went to Zambia Police Service headquarters in Lusaka yesterday at about 09:30 hours accompanied by his lawyer, John Sangwa and was questioned for about 45 minutes before he was taken to Woodlands police station.

His lawyer spoke with the police at Woodlands police reception for about 20 minutes and he resisted police orders to have him locked up because he wanted to meet with court officials for a court appearance.

Mr Mwamba remained in the custody of the police within the reception area while Mr Sangwa made contacts with the court officials.

Mr Sangwa told journalists before he drove off that the matter would depend on what was going to happen in the chambers but did not have further details.

At about 15:00 hours, Mr Mwamba appeared before Judge Gregory Phiri but the case was heard in chambers at the Supreme Court buildings.

The two parties, the State and the defence, were arguing about how the matter should proceed.

Hearing takes place at 10:00 hours today to determine what course the matter should take and Mr Mwamba was remanded in custody.

Mr Justice Phiri last week ordered for the arrest and appearance in court of the author and publisher of two alleged anonymous contemptuous articles on the Zambian Watchdog in the going trial for the murder of Lusaka businessman, Sajid Itowala.

Mohan’s lawyer, Bonaventure Mutale had applied that the analyses were prejudicial to the proceedings in court and pleaded with Mr Phiri that the author and publisher be cited for contempt.

Mr Mutale submitted that the blog-based articles, published on October 22 and November 2, 2010, were not only a serious onslaught on the judiciary but on the administration of justice in the country.

The first article was titled “The plot thickens” and the second one was titled “Mathew Mohan: Has his testimony done anything to the judiciary?”

This is in a case in which Inktech managing director, Mathew Mohan and his two co-accused, Idris and Shabir Patel have been charged with the murder of Cyclone Hardware director, Sajid Itowala.

Earlier last week, The Post managing editor, Amos Malupenga in his letter copied to Justice Phiri and the Inspector General of Police (IG) Francis Kabonde challenged Mwamba to deny that he was the author of the said documents published on the Internet and were allegedly against The Post and other people.

In the letter of November 2, 2010, Malupenga accused Mwamba of engaging himself in activities that alienated The Post and claimed that the documents put his newspaper at odds with the judiciary.

In his letter, Malupenga stated that The Post wished to put on record its displeasure at the manner in which Mwamba allegedly maligned and cast aspersions against The Post by writing various anonymous articles, which Mwamba allegedly circulated on the internet via e-mail and some web-based publications such as the Zambian Watchdog.

Malupenga alleged that Mwamba, in his usual style of hiding behind anonymity, published a document called ‘Mathew Mohan: Has his Testimony damaged the Judiciary?’ and was published on the Zambian Watchdog tilted as “Powerful Forces and Corruption in Mohan’s murder Trial”



POLICE have summoned former President Frederick Chiluba’s spokesperson Emmanuel Mwamba in relation to a court order issued by High Court Judge Gregory Phiri to law enforcement agencies.

Judge Phiri ordered that law enforcement agencies should establish the author of a contempt document published on the Zambian Watchdog.

Last week, defence lawyer for murder suspect Matthew Mohan, Bonaventure Mutale, applied to court that there were anonymous documents circulated and published on the Zambia Watchdog commenting on court proceedings on the matter.

Earlier, Post managing editor Amos Malupenga wrote to Mr Mwamba accusing him of being author and causing publication on the Zambian Watchdog.

Mr Malupenga copied his letter to Judge Phiri and Inspector General of Police Francis Kabonde.
In his letter, Mr Malupenga directed that Judge Phiri and Mr Kabonde should take interest in his letter.

And when contacted for a comment, Mr Mwamba confirmed that police had issued a call-out around 16:00 hours.
He, however, said he was currently out of town but would report to police as soon as he returns.

“I will report to police as soon as I return to clear this misunderstanding as I am neither the owner, editor or publisher of the Zambian Watchdog,” Mr Mwamba said.

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