Wednesday, May 8, 2024

ACC takeover Kapoko’s properties, but Kapoko says takeover is illegal

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Jubilant kapoko celebrating freedom with family member
FILE: Jubilant Kapoko celebrating freedom with family member

The Anti-Corruption Commission (ACC) has taken over the management of seized properties from Mr Henry Kapoko, the former Human Resource Manager at the Ministry of Health.

This comes in the wake of the court ruling by the Principal Resident Magistrate Exornobert Zulu made on August 27, 2014 in the matter in which Kapoko is facing 69 counts of theft by public servant, failing to account for possessions reasonably suspected to have been stolen, and money laundering contrary to the Laws of Zambia.

According to a press statement issued to ZANIS in Lusaka today by ACC Public Relations Manager, Timothy Moono, the Anti-Corruption Commission seized five properties from Kapoko in 2009 during the course of investigations into the Ministry of Health K10 Billion inquiry.

Mr Moono stated that the properties that have been seized include house No 25, Manda Hill Road in Olympia Lusaka, property No. 7791 of Buluwe Road, and Woodlands Extension in Lusaka, property No. Subdivision B of Lot 3325/M in Ibex Hill, Lusaka.

Others are property No. 13947, off Mulungushi Road, Roma town in Lusaka trading as Best Home Lodge, and Property No. 13949, off Mulungushi Road, Roma town in Lusaka which is a double storey building and is incomplete.

Mr Moono disclosed that the court ordered on 27th August, 2014, that the Commission should continue managing the Properties including the collection of rentals until the matter is disposed off by the Courts of Law.

The properties have since been tendered as exhibits in court and trial in the matter continues.

And Henry Kapoko has said that the takeover of the management of his seized real estate properties by the Anti Corruption Commission is illegal, procedurally improper and clearly unreasonable.

In a letter before action for judicial review to the Attorney General Musa Mwenye, dated 2nd September,2014 authored by his lawyers Eric Silwamba,Jalasi and Linyama Legal Practitioners, and copied to the ACC Director General, Mr Kapoko contended that the action by the ACC implies that he has now forfeited the properties to the Government even before he has been convicted by the Courts.

Mr Kapoko argued that this is clearly illegal as it is contrary to the provisions of Articles 16 and 18 of the Constitution of Zambia Act, Chapter 1, Volume 1 of the Laws of Zambia which offers protection from deprivation of property and the right to secure protection of the law when charged with a Criminal offence respectively.

He states that the procedure and jurisdiction to take over property pursuant to the provisions of the prohibition and prevention of money laundering Act no.14 of 2001 are clearly spelt and that the steps taken by the State are contrary to the established procedure.

Mr Kapoko says from the facts attending the circumstances of the matter it is clear that the purported take-over of his properties is premature and not supported by any statutory or legal basis.

Mr Kapoko has since indicated to the Attorney General through his lawyers his intention to seek judicial review of the decision of the Anti Corruption Commission to take over management of his and control of his properties if the decision is not reconsidered.

41 COMMENTS

    • @Mr Clean and Jacob

      It is this brazen lack of remorse and shame when a Bemba thief is caught that makes these congolese diaspora in Zambia a curse to development. Ati natolafye, they brag!!

      If HH stole, prosecute him. Didnt that man at Plot 1 release false news on HH raiding his bank details and laying them bare as though HH has no rights. Why havent the tribal clique set police on HH? And by the way don’t forget your Bemba clansmen at Deloitte,PWC, Enerst and Young and of course the ones at ZPA who were privatising these property. Expose them to the law as you did HH and see if they will survive. All were predominantly Bemba as I was close to the game, then.

    • The fact dat Upnd cadre continue to blame bembas for HH failure to ascend to presidency instead of selling him they will not win the. 2016 election.unfortunately its hard to sell HH not only to bembas but most of the people in LSk and CB excerp to togas

    • True. If stealing was a sport code, Bembas would have represented us well at both olympics and commonwealth games as a country and Africa as a whole.

    • Thieves are common in all tribes folks. Its just that some are clever at thieving such that they cover their tracks properly. Look at Sata Mmembe and Nchito, they stole billions, and partially covered their tracks under Limited company Act.

  1. LT we just gave you comments on same story, we are getting screwed like Kapoko did to government, paying same workers double salaries, hours after hour.

  2. This lowlife dog dares to answer back!

    If a guy in HR stole so much how about the people in Accounts! Simon Miti got away scott free.

    • Thanks @Nubian Princess!! My point exactly. HRO hasn’t any direct access to finances. Who was conniving with Kapoko? Just squeel, Kapoko, squeel!!!

    • You are quite right Princess!
      In fact, MOH is a cash cow due to readily available donor money and chaps are literally stealing from the dying in the name of disease programs and workshops!
      Right now Ndeke house is deserted because Chaps are out in the name of Ebola not because they care about Ebola but because of allowances associated with the exercise!
      Remove those allowances and you will see the apathy!

  3. Tomorrow this Crook will be a Minister, or even President.
    In Zambia such is normal, no one bats an eyelid, as its plunder business as usual.

  4. This guy is guilty, all these properties on what salary or business was he doing? A bit foolish buying and building all those properties, most definitely someone will suspect dodgy dealings. But in the end our courts will fail and those properties will be given back to Kapoko, like the other MMD fat fellow, can’t remember his name.

  5. Kapoko must be a foolish,stupid mucky burger..as a civil servant bane where and how could you have got all the property they have listed ? And am sure there are some more to the mentioned property ill gotten. It is not only Kapoko as a crook civil servant only that ,,,Bembas say “kolwe not kapoko…but changa bekata uwa celwa.” There are a good number of you civil servants both serving and those not with unexplained property.. In Zed you even say “KUBOMBESHA”..you are just a bunch of shameless thieves and the courts of law you take long to dispose off some of these cases. So twalaumfwa ati he has appealed. Kapoko mulekwatako isoni..ngamwalivola just keep quiet who doesn’t know,even my young boy knew mwali vobola tata nimwe ba LAZO.

  6. Ba LT just publish my contrbution….mwali akana..the fact remains the same Kapoko as a civil servant with all that property ali vobola,ni lazo.

  7. How can an ordinary civil servant acquire so much wealth! This man must not go scot free! Other people who are abusing government resources must learn from this!

    • It is amazing what money can do. This Kapoko chap has put up a very strong team of lawyers. Eric Silwamba et al. Coincidentally, Eric Silwamba has been represenging people who are facing serious charges against the gov or those that are suing gov. I don’t know what he is up to.

  8. It’s very sad that a few plunder the national economy and are almost exhalted… I ask where is God’s justice in all this. Am yet to hear of someone returning stolen funds because he / she has a bad conscience. I feel absolutely helpless when I even hear the amounts involved….. Some pastors are busy collecting tithes and enriching themselves…What about the poor in our Societies? Whilst others pastors are pretending to exorcise children and women but end up raping them…

    The day of the Lord is surely near….. The signs are everywhere but we are all busy politicking, stealing, abusing, insulting and I really hope we all remember the world is corrupt place and clean our acts as the day of the Lord draweth nigh.

    • Don’t hold your breath… he has been on his way since day one that he flew upstairs! In any case instead of praying for God’s return, we should be cleaning house, enacting more effective laws, and repealing the useless ones that allow these i.d.i.o.t.s to run scott-free in the name of bail and appeal!

  9. No remorse, this Kapoko, no contrition whatsoever. And here we are being bombarded with legalistic jargon, so that the convicted thief can get away with it. Not fair, not right!

    • Isn’t Kapoko from Luapula of the famed Chiluba grand lacerny? How can corrupt thief Kapoko of such immense proportion have no shame and what type of human being is that hugging this congolese diaspora kwabwalala. Sure you hug and sleep with Kapoko who plunders the whole nation…..some of these tribes awe sure! Anyway, it is your nature and in your blood and genes. But even then, mulekwate inson, if that is possible which I doubt as you glorify thieves and theft not to mention corruption!!

  10. this man will have his stuff back, this ACC always rushes to grab property so they can also steal, grabbing property is ideal when someone owes and they don’t pay back, in this case concentrate on convicting the guy, and prove all those properties are a result of theft which is hard to prove otherwise you will be handing back his stuff like the way you did with others.

  11. Here’s a brazen thief ,Kabimba could only be questioned with Sata’s permission but yet they wanna lie to us RB was the worst? Haha,so much for Sata’s “allergic to corruption” lies.

  12. Only Mwanawasa showed serious commitment locking up, & Convicting Plunderers of our national coffers.
    The rest, ni postponed, postponed, acquittal, – or as they say in Zed “Mulandu Washout”!!
    NDELOLESHAFYE’

  13. Hey. ACC takes too long to act. That is the problem. Of course it is possible to prove if someone stole. Did he inherit the property? The salary of a junior human resource officer was hardly enough to sustain a normal family. Equally, the amount of loans such personnel could get in those days were small. Like one blogger stated Zambia’s prisons are for the poor. Masumba is outside prison armed with a gun which he fires anyhow but gen. Kanene is in. Kanene pleaded that the girl’s age needed proving and she was willing sex partner but the courts even increased sentence from 15 to 18 years! That is Zambia for you!! If the govt fails to administer justice equitably, who will?

  14. STUP1D PF ! u want to start PLEASING US. We kno tht ths case CLOSED SOMETIME BACK.
    We ve already made UP our MIND to vote u OUT!!!

  15. Before I even start the guy looks Congolese. Is he a new name on the corrupt block, the kind of watch this space type, like the guy who caused so much stir on the diplomatic front and went on to become vice president of DRC and either owned Katanga Province or something like that. Am sorry this might just be another case of lack of stories and trying to create one. Are there not enough corrupt people in Zambia to keep the ACC busy? Please don’t go fishing beyond the borders Zambia is a proud country. There is a DBZ loan scandal still outstanding, Kabimba has just been thrown out of govt am sure he has something to hide, our very own Henry Banda is still at larlarwlarge, not heard of any nolle proseques (sp) and the silence is as if he never existed. The list is endless. Who is ACC boss?

  16. Is SATA still alive? That is still the main subject. Is Kapoko just a distruction on the Zambian stage equivalent to when Hitler came on the world scene and all the other world troubles were over-shadowed? I can’t believe we can fall for this?

  17. About the endless list of corruption cases for ACC; I cannot believe that all these constructions of roads and stadia (Heroes stadium and all that) can be corruption-free. What about all the bye-elections? Is there no money changing hands? And we are told that Kapoko is the only new corrupt kid on the block. There must be a bigger story behind this story. Am not buying this Kapoko distraction.

  18. Who runs LT. I want to make a formal complaint about the editorial direction? In fact there might be a case of corruption to shift public opinion. A paymaster may be at work here. Talking about work, am off now.

  19. ERRATUN: I have just observed some errors in my rant of the day.
    -Henry Banda at large; there is some mumbo jumbo before large
    -Kapoko just a distructiob should read Kapoko a distraction
    -any other errors made, English is not my first language and I don’t blog for a living, sorry.

  20. ACC make sure every cent of the $115 million irrigation project money is not misappropriated (article just come up).

  21. “Zambia the Real Africa” ——a mere human resources officer with all those properties? How did he obtain them?

    I hear after Sata won in 2011 this Kapoko guy ——-was going round bragging that all cases against him will be dropped, at Sata`s orders. So I will not be surprised if this case turns a cold case.
    And typical of an incorrigible criminal, he says “his-so-called properties”, and yet he can`t argue how he obtained them.

  22. What is this Siamaengo blogger person got again Bemba speaking people? Do they make you perpetually inferior or what? Learn to discuss issues not people. Bemba this Luapula that…silly mind.

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