A LUSAKA magistrates’ court has sentenced former intelligence chief, Xavier Chungu to nine months imprisonment on two counts of forgery and uttering a false document.
Delivering judgment in a case in which Chungu, who was arrested for forging and uttering a passport, magistrate Joshua Banda said the two offences were very serious and punishable by a maximum of seven years imprisonment.
Mr Banda said in passing his judgment he would follow the Supreme Court rules on exercising leniency for first offenders and also take into consideration Chungu’s mitigation.
Mr Banda sentenced Chungu to nine months simple imprisonment for forgery and nine months imprisonment with hard labour for uttering a false document.
The sentences run concurrently from the day of arrest and Chungu immediately walked to freedom.
Facts are that Chungu, on dates unknown but between October 1, 2003 and November 30, 2003 in Lusaka, with intent to deceive, did forge passport number ZH 88471 purporting to show that it was issued properly when in fact not.
In the second count, he is charged with falsifying a document contrary to section 352 of the Penal Code Cap 87 of the laws of Zambia.[quote]
Particulars of the offence are that Chungu on December 3, 2008 in Lusaka knowingly and fraudulently did utter the passport in question to Mary Bwalya, an immigration officer.
Earlier, Mr Banda said it was his considered view that the passport in question was fraudulently obtained in the manner it was processed because records showed that it was issued in Ndola when it was obtained in Lusaka.
He said the passport officer who was alleged to have signed on the passport did not do so and the national registration number was for a different person.
He said it was clear that Chungu, while acting with others unknown did manufacture a false passport and that he uttered it before an immigration officer on December 3, 2008 at the Lusaka International Airport.
“In the sum total, the passport was forged and intended to be what it was not and Chungu participated in its generation. The prosecution proved its case and I convict him accordingly,” he said.
After the judgment, Chungu told reporters that he was humbled with the judgment and would concentrate on his recovery since he had already served the sentence because he had been in detention since December 3, 2008 when he was arrested.
[Times of Zambia]
Things are really getting juicy in RB’s Gov. Bet the power now lies in the people to correct things things once and for all. Hope God would fast forward 2011.
Good lord help Zambia….Bushe finshi twachita to deserve such?
And this closes the chapter on the crusade against corruption. The people have Zambia have lost and the Thieves have won. People have Zambia letdown by the lousy job of the Task force lawyers who instead of building a strong case, spent time running a failed airline. Time to move on I guess
………is it a coincidence that these have been cleared on the same day Chilu and Chu? Now it looks like the attention will turn on the Zambian Airways Saga, so aben M`membe and Nchitos behold,the hour or reckoning is coming.
..and now the man will turn for his (court proof) immunity to be reinstated!
Wasn`t it on LT that we read about that man who was jailed for was it two years for s t e a l i n g a goat? An offence which carries a maximum 9 years sees a man jailed for nine months! I love my country!
Chungu knew why he came back in the first place. This was just a mere inconvinience. Better things are coming and those are the ones am are looking forward to
Our constitution, prosecutors and entire judicial system have shown how they are becoming irrelevant to the cause. Firstly these cases took forever, were presented incompetently and now people who the whole world knows as thieves are walking away on laughable technicalties.
The executive has long lost the trust of the people and parliament is regarded not so highly. The only branch of govt people still had faith in was the judiciary. however recent happenings have eroded a lot of that confidence.
When arms of goverment begin to fail, the relevance of government is increasingly questioned and this is healthy breeding ground for anarchy and violence.
Hope the politicians will see this and and start to ensure that the government is by the people and for the people
THEY WILL ALL WALK TO UHURU.
I think posting comments to such headlines is nolonger worth it. The MMD has diluted the meaning of the words in our National Anthem. Tell me: who can stand and sing of Zambia with freedom and pride, land of work and joy…what joy and what work? Holidays are the order of the day,….all one strong and free, i bet this is what the MMD are clinging to. Let them walk to freedom. Lesa nimalyotola
Truth gets buried, lies get shouted. That’s how it is when Luciferians run things.
This is justice, come what may
Looks like the lawyers to Chungu and FTJ were smarter than the Nchitos.
The whole shitstem is a fraud
We all know that these people are free because of our useless president. Levy meant well for Zambians even when he started these corruption fights, now look what is happening, people stealing bread for a meal are sent to prison without mercy, it hurts, i will train as an assissing and come back to Zambia..this is too much.
Money talks every where people. Mwilayilishanya sana. You wil die pofye from BP
ba shetani imwe!!!! thats why our poor country will never progress! we might as well do awy with our judiciary and free Kapoko if you can free hungry dogs like this!!! habits die hard , chiluba will steal again, Xavier will do it again! Mwanawasa is turning in his grave. God have mercy!
may we start afresh and see if Chiluba won’t repent and turn poor people to know God in spirit and truth. God is not deaf or blind. Let us pray for one another. Forgive and forget then we will see God’s faithfulness.
Look pipo if u are not happy bout the Judgment plz take the matter to the High Court otherwise stop complaining this life of personal hatred wont take us anywhere. if u have proof that Chiluba stole then go to court let us not just comment on thigs which will dont even have proof over just coz of what u have heard in the media or T.V. get serious with life and start bettering yo lives not just complaing and there is no balanced society in this world learn to work hard and focus on improving yo life otherwise u will keep complaning till u die with BP its not healthy to be annoyd all the time. ASK YO SELF A QUESTION U BE COMPLANING DO U HAVE PROOF THAT CHILUBA STOLE? DO U HAVE PROOF THEN DONT COMPLAING THE HIG COURT IS THERE OTHERWISE STOP HURTING AND WAKE UP TO REALITY.
Please let us get this acid and hatred out of our society. Chungu has been convicted. He has served nine manths in prison and has had an operation as a result of an illness he contracted in the prison. What sentence do you want? You want him to be killed? The man still has other cases to answer. Let us be channels of peace some times. We don’t have to kill the man for us to be satisfied.
Zambian oposition parties commit suicide. RB(MMD)….. wamu yayaya RB(MMD)…..wamu yayaya!
#10, Sir, ignorance is no excuse. I am not MMD but I know that the MMD has no control over the judiciary. Our judiciary is nominated by the Judicial Service Commission, the president makes the appointment after the nomination but even this step has to be ratified by Parliament. Further the Judiciary in Zambia has security of tenure. No judge or magistrate can be forced to make a decision he does not want to make. During Mwanawasa time, Sata was arrested for theft of motor vehicle. He was acquitted. Mwanawasa was not satisfied, but he let it go because really, there is nothing that a President can do about a judge or magistrate. Leave the judiciary to make independent decisions, not decisions based on your hatred.
So who plundered the economy?
# 19 I totally agree with you because I like his leadership style. He is a humble man
#20 NKOLE. Dont forget that LPM tried to bend the law eg Kashiwa Bulaya’s Nole etc. Difference LPM being a lawyer didnt want repacursions in future thats why he gave in to demands of fairness. The current crop are NAZI BRUTAL and dont care what comes tommorow. RB has been making innuendos on this case unless you have chosen not to read, you must also be aware.
Viva RB, long live RB
Has anyone seen the punisher movie, people should just take the law in their hands,they justice system from levy was just a show off for political mileage,dont you ever be fooled that mwanawasa and his crusade to punish thieves were true,from the beggining this outcome was known. People of Zambia,hear this never never never trust anything from your GOVNT when it comes to procecuting abuse of public resorces by your leaders,the court system is designed for small people like you who commit small crimes and they lock you up for many years and they will brug justice has been given
….uyu LB aaaaawe. Aweee LB achinfya mwe bantu. Iwe HH, please light akasushi ka nkalamu mbayileko……..yangu ye
HA HA HA …THIS IS ABSURD!!! NO WORDS WHATS HAPPENING IN THIS COUNTRY ..
Thieves and big criminals walk free pa zed. Yanbu ee. I knew Xaviour coming was pre-arranged to buy his freedom so that they eat together Ka FTJ and RB.