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Prof.Clive Chirwa re-arrested

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Zambia Railways Limited chief executive officer Clive Chirwa (left)
File:Zambia Railways Limited chief executive officer Clive Chirwa (left)

The Anti-Corruption Commission has today re-arrested former Zambia Railways Limited Chief Executive Officer Professor Clive Chirwa for Failure to Disclose Interest, and Abuse of Authority of Office contrary to the laws of Zambia.

Prof. Chirwa is charged with one count of failure to Disclose Interest contrary to section 28 (1) of the Anti-Corruption Act No.3 of 2012.

Two days ago the Director of Public Prosecution (DPP) discontinued the court proceedings against former Zambia Railways Limited (ZRL) chief executive officer Clive Chirwa after state prosecutors applied to the court to have matter withdrawn. When the case came up for the commencement of trial Anti Corruption Commission (ACC) Senior legal and prosecutions officer Silumesi Muchula applied to the count to withdraw the matter after receiving instructions from the office of the DPP under section 88 (a) of the Criminal Procedure Code and would also consider the next course of action.

Details are that Prof. Chirwa, 59, between 1st November, 2012 and 31st December, 2012 as Chief Executive Officer of Zambia Railways Limited recommended at the Zambia Railways Board meeting that Clavel Incorporated Limited, a company in which he is a shareholder be given a contract to train Zambia Railways employees without disclosing interest contrary to section 28 (1) of the Anti-Corruption Act No.3 of 2012.

Further, Prof. Chirwa is jointly charged with Ms. Regina Mwale, 50, a Finance Director of Zambia Railways Limited with two counts of Abuse of Authority of Office contrary to section 99 (1) of the Penal Code Cap 87 of the Laws of Zambia.

Details of the first count are that between 1st February, 2013 and 2nd March 2013 in Kabwe, Prof. Chirwa, whilst acting together with Ms. Mwale and others unknown, abused the authority of his office by paying Fallsway Apartments a total of K72, 282, 210 for accommodation for his benefit, an amount beyond Prof Chirwa’s entitlement an act which is prejudicial to the interest and rights of the Government of the Republic of Zambia.

In the second count, the details are that on dates unknown but between 3rd March 2013 and 2nd April 2013 in Kabwe, Prof. Chirwa, jointly and whilst acting together with Regina Mwale and others unknown, abused his authority of office by again paying Fallsway Apartments K72, 232, 210 for accommodation for the benefit of Prof. Chirwa an amount beyond Prof Chirwa’s entitlement an act which is prejudicial to the interest and rights of the Government of the Republic of Zambia.

Prof. Chirwa has since been released on Police bond and will appear in the Lusaka Magistrates’ Court on 5th December 2013.

82 COMMENTS

    • Iyo pa Zed bwafya. Yalikosa. Selective justice. If you dont belong to the inner-circle in PF, kwingila. Example, Masumba.

    • abwana imwi, “mwana wa kwithu” means “child from our place, or area” or “umwana wa kumwesu (in bemba).

      nkhugomezga mwa pulika badada!!

    • @Nostradamus
      yaba,, kaya manje mwe!! i thought we end this week with sound senisble news at least,, i guess not,,shocked!!!
      people in the diaspora watch and learn.. by the time Prof chirwa goes back to Uk (if at all he goes) he will be finished,,, his plans about the electric train were flushed in a toilet

    • @Umwina Nkana – i was only joking. i know what mwana wa kwitu means. Enyana!!! Na pulika nakuonga chilungamo mukuyowoya dada.

    • Clive has no one to protect him while Masebo is being protected by the state so that she is not faced with corruption charges. What are we fighting for sure pa Zed? Four legs better, two legs bad……

    • False witnesses did rise up; they laid to my charge things that I knew not. (Psalms 35:11 KJV).

      For wherever there is jealousy (envy) and contention (rivalry and selfish ambition), there will also be confusion (unrest, disharmony, rebellion) and all sorts of evil and vile practices. (James 3:16 AMP).

      Brood of Vipers! Leave Prof Chirwa or else …

    • Wapya munzi. Prof Chirwa is being held hostage by PF . We told prof. don’t accept the job from Sata, he is a snake in the grass. He will use you and dump you once you disagree with him. He did not listen, instead he told us the job would help him launch a career as a chief executive.

      Wawona manje wayamba kulila.

    • i think you guyz are thinking within the box,please there is no harm in thinking beyond the limit.if there is an allegation against someone then there is some thing wrong that person is doing.please let the ACC. do there job,that’s there mandate. i have no problem even if they arrest the pro a million times,so long the air waves are cleared. the only way to clear him is to get him for questioning. that’s what we call justice pf or not.

    • Me, it is not “let ACC do there job but THEIR job” Chizungu bane very important. If you want us to take you serious here. You can’t come to a forum like and want to show your tunzelu and yet you can’t even arrange your grammar nicely.

    • @ one munthu,
      and you ***** you are demonising your friend and yet you jack ass can not complete a sentence as well.he can’t come to a forum like …… like what?

    • Choloroquin we chipuba. Do you now remember your quarrel with the man you called bastard just a couple of days back. Now pinch yourself for being and *****.

    • ACC is full of Dull People, The police as well are so useless. they do not understand their role the society. They just act based on what plot 1 tells them to do. It is really sad to see how our leaders behave like they are not educated.

  1. Cat and mouse, Police and mini bus drive, imwe ba stiopet tell us why the dollar is so high again. We want to import things and we asked to pay more than 2yrs ago. Why did u block the Masebo tribunal anyway..? Leave Prof. Chirwa alone and deliver the 10 pockets of fertiliser u promised the farmers. I wish i was a Mansa resident i would have voted against umwe ba BUUUFFFIII

  2. Take the ACC to court. Alternatively, seek refuge at some Embassy. This is turning out to be a persecution of your person.

  3. Too bad for Chirwa. These are the people who should be helping us develop our country. This is a lesson to all you educated chaps. Think twice before you accept an offer from Sata. The man doesn’t like educated people cause they scare him.

  4. DPP why do your people rush to take matters to court. This rearresting game is just bringing out the fact that you are not in charge of what is happening. Get it write the first time.

  5. Why doesnt mr Sata just appoint him as a minister because that would mean ACC would have to ‘get permission’ before proceeding with this nonsense?

  6. A sour face does not come by chance, it is made by sour thoughts. Remember the evidence from Prof. Sasa, and he thought a bena Zambia balila, justice and not injustice is the soul and substance of life.

  7. Wow,and the rest of the dissolved board members get to walk scott free because they are YES BWANA’S and belong to the ATANGA CLIQUE. This Clive Chirwa case is turning out to be a rubbish case!!! Any way time will Tell where this will all end up.

  8. This was imminent. What boggles the mind though is why the case is being moved from Kabwe to be tried in Lusaka. We shall wait to hear the reasons, if they will be advanced. Nevertheless, the process shall accord Chirwa an opportunity to clear his name.

    • St Jude, remember when I commented about this entering nolles and withdrawing cases with a reminder about being re-arrested? This is what I meant; having people move about with possible re-arrests hanging over their heads. Not good for the system; it is better to have their court cases run their course so that the adrenaline settles!

    • @Kal
      I’m humbled that you find my comments level headed. I believe we are supposed to use this forum for such serious discussions but some people tend to abuse it. Indeed once a case starts, it’s better to let it run its full course though there are times it becomes necessary to withdraw it so that the collection of evidence is perfected. What bothers me about Chirwa’s case is that there is an indication that the matter was discontinued so that it is recommenced in Lusaka! This beats logic as witnesses are Kabwe based. There has been no explanation as to why this is so, but one cannot rule out some ulterior motive! We can only hope that no one interferes with the due process of the law. Thanx again man for finding me level headed. I really appreciate it.

  9. This is just total incompetence by ACC and DPP. Prof. Chirwa has not denied breaking the law by failing to declaire his interest in his Clavel company. For this alone, he should be charged as soon as possible. He has already paid by being fired as a ZRL CEO and a susupended sentence will suffice. This does not warrant imprisonment. I cannot understand why they aquitted him only to be rearrested in a case that should have been buried a long time ago. Regarding payments to Fallsways, did he sign the cheque himself or did he command someone to do so? This one is ify

    • Amayama, Clive Chirwa was not aquitted, but the case was dicontinued and this is normal practice. This gives him chance to prove his innocence.

  10. uyu muntu mwamuvuta mweo. let him just go back to the Ks. who owns fallsway lodge? why charge such an obscene amount in a poor country? isn’t there a better way of recovering the so called abused funds? if accommodation costs that much let it be. atleast receipts were not forged

  11. @chimbwi aitile impashi nokumububa shamububa! mulomo! he wud hv continued staying overseases his plan has failed to tak zambia for a ride and make money

  12. congratulations LT you have taken back your title of viewership and public participation form aba baiche ba ZWD.you are recording more posts per article.zwd have become childish in there reporting even concorting stories kwati ni membe.that we dont want as much as we dont like the punching fists party.

    • The ZWD site is blocked in Zambia so most of their readers in Zed use facebook to access the site. If you access ZWD via facebook you will be shocked by the increased hits and comments it is recording for every story

    • ZWD comments are mostly on their Facebook page. It still has a huge following despite been blocked in Zambia. Go to their Facebook page and see for yourself my dear!

    • Top shooter,
      thanx for the info,am humbled.i didnt know that could be the reason ndi pa joburg nshakwata problem kanshi bali blocker, but abena ukwa hmmm!!

    • LT get most of their sensitive articles from ZWD. They just copy ZWD articles and paste them on LT news. Most of the time I read ZWD first, then go to LT.

    • I can say this for LT. They harbour no agendas unlikeZWD who have a political agenda: namely paint the PF black at whatever cost and lick UPND’s butt. The Post is like that too. The PF is godsend for them. LT might just save Zambian journalism

  13. This same professor chirwa once joined MMD he made some confusions and latter joined UPND pretended to be a member and then tarnished the image of that party and joined the party in power after being attracted by it’s slogan, MORE MONEY IN YOUR POCKET and yes he managed to put more money in his pocket, but the problem is to remove the same money from his pocket.

  14. The same i.d.i.o.t.s who were encouraging the government to probe Chirwa are the same chamelions insulting the government today. What is wrong with you Zambians. Leave the prof alone.
    THE ANT STORY: An ant was working hard ON ITS OWN. A lion saw how hard working the ant was, then he said to himself that the ant can work hard with supervision. Afterwards a warthog said to the lion i need to supervise the ant by making all records straight at the company. Then a Zebra came along and said that he will force legal issues on the ant so that he adheres to work protocols. Later an elephant said that he will make the ant’s supervisers have better cars, homes etc. Later 90% of the properties ended up with non productive animals (lion, elephant, zebra etc). The ant got frustrated and resigned

    • At ndobo my friend, no I am not a Kindergarden school teacher. I am a senior Engineer. The meaning behind that story is that we have very intelligent hard working productive guys. We have a lot of people who are directly involved in production and they are not recognised. Unproductive courses and workers which are plenty in Zambia ends up consuming the very little the guys from the production produces. They have ended up fustrating the people like prof. At the end of the day, it will be the unproductive guys from the ACC and the lawyers who will be richer by incarcerating the prof. If the prof was wrong he should have been guided since he has spent most of his life in UK. We have lost one of the great brains. Too many people in Zambia talk too much. Laywers, sociologist, journalists etc.

  15. I dont think the second charge will stick. If a CEO is staying in a hotel, you pay the bills to the hotel. The issue of how much the CEO is entitled to as Housing Allowance only applies in the case of rent . Why anyone would even include this charge baffles me but only goes to show how petty and vindictive the PF can be.

    • even the second charge sounds frivolous to me as the offence seems to be failing to declare interest in recommending that his company is used for the training. From the information available it does not seem that his company was eventually used so there was even no benefit that accrued to him. If that had happened then there would maybe have been a crime to answer as he would have benefited financially/economically. His failure to declare interest in this case at best was a breach of corporate governance ethics but does not account to a crime if the contract was not awarded and payment received

  16. Clive has no one to protect him while Masebo is being protected by the state so that she is not faced with corruption charges. What are we fighting for sure pa Zed? Four legs better, two legs bad……

  17. Iwe who taught you that “mwana wa kwitu” means children of our ears? That is not Tumbuka! Mwana wakwitu can be translated as Son/Daughter from our land or Son/Daughter who comes from were we belong, or our clansman

  18. I thought he was Prof. of aeronautics. How did he find himself here where we do not even have our own planes? These are the consequence.

  19. Ba Diaspora, be careful. This is what will happen to you when you take your skills back home. Leave these imbeciles alone in the animal. It’s funny how they keep pursuing someone who did not steal anything and yet we don’t hear about what they did with the guy who stole billions and buried it in his back yard. Kulalolesha fye

  20. Ba Diaspora, be careful. This is what will happen to you when you take your skills back home. Leave these imbeciles alone in the animal farm. It’s funny how they keep pursuing someone who did not steal anything and yet we don’t hear about what they did with the guy who stole billions and buried it in his back yard. Kulalolesha fye

  21. This is perscuation of worst type. You call professional who living abroad to come and help rebuild or to slap them with such terrible charges. How do u expect the likes of Prf. Kyambelesa and other to come back. Clive u should not have thought of coming home. Its a pity but thind will pass.

  22. Chirwa ba mu fetuhezi balikani ba hae. Cwale butata ki kuli alusana ku si bona sitimela sa magesi sa na bata ku lutiseza Luna ba Bulozi! Kanti zwelopili ikafita lili mwa hae ya Luna ya Bulozi! Batili ki matata ya mifilifili ye sa feli mwa Zambia.

  23. One thing I like is that PF taking many suspects to court and just after an hour, either police pond or bail is granted to every rich man but a poor is arrested because he or she can not afford. There also other an touchables who can not be probed that is worrying.

  24. What has happened to the Queens language. Am not supprised. It starts with our adopted English names Jackson, Dickson. Guys all names ending with S.o.n are strictly English surnames. However, we have named our children enmass. Same applies to names ending with S; Collins, Methews etc. If our naming is wrong and nobody cares how then can we be serious with grammar. Fellow blogers lets edit our grammar before we blog.

  25. I FORESEE THE PROF GOING THRU THE SAME FATE AS RICHARD SAKALA!HOW CAN U BE REARRESTED FOR THE SAME OFFENCE 2 DAYS AFTER UR CASE IS WITHDRAWN?2 BAD,U SHUD HAVE JUST STAYED KUBULAYA!

  26. PLEASE LEAVE THE PROF. ALONE.

    WE ARE RELIABLY INFORMED THAT PROF. CHIRWA WILL BE IN CHARGE OF SOME INTERESTING COURSE AT CBU COME NEXT YEAR, 2014. HE’LL INTRODUCE AERONAUTICS. WE ARE WAITING FOR YOU PROF AT CBU.
    BY THE WAY, CBU NEXT YEAR WILL EVEN INTRODUCE HONORARY DEGREE WHICH IS FAR MUCH BETTER THAN THE ORDINARY DEGREES THAT OTHER UNIVERSITIES IN ZAMBIA OFFER. CONGRATULATIONS TO CBU AND WE WILL DEFINITELY PERSEVERE JUST TO GET THESE HIGHER DEGREES.

  27. at chik ulichikopo. uli ilalabo don’t be stupid. do you know what a honorary degree is? it’s just given and not earned through academic exellence or intellectual competence. you can’t use it anywhere not even in your CV. ka jobefye boyi.

  28. I lodged a complaint against influx of Zimbabweans and Indians depriving qualified Zambians jobs but the Pensions and Insurance Authority refused to listen to me. Aon has three Zimbabweans and one Kenyan working at top four positions at the broking firm that has total staff complement of 22. Many Zambians have been frustrated and left the company starting with highly respected and qualified insurance professionals Hyden Mwiya and Trevor Jengajenga. Both of them occupy high positions in Marsh Zambia and Phoenix Zambia. It is not just Aon Zambia that is taking away good jobs from qualified Zambians; Marsh is another insurance broker that has employed inexperienced and unqualified 2 Zimbabweans and 1 Indian (a salesman with no insurance qualification and experience). We have 32 Zambian…

  29. We have 32 Zambian broking firms but they are not supported by foreign investors and all business goes to these two brokering firms. They are in league with the investors to externalise huge premiums. My earnest request to His Excellency the President is to look into our plight and Zambianise all positions. We do not need cosmetic investors.

  30. I can say this for LT. They harbour no agendas unlike ZWD who
    have a political agenda: namely paint the PF black at whatever
    cost and lick UPND’s butt. The Post is like that too. The PF is
    godsend for them. LT might just save Zambian journalism because they don’t take sides

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