By Daimone Siulapwa
THE Wikipedia defines Proof beyond a reasonable doubt as the standard of evidence required to validate a criminal conviction in most adversarial legal systems. Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard.
This, in essence, means that the proposition being presented by the prosecution must be proven to the extent that there could be no “reasonable doubt” in the mind of a “reasonable person” that the defendant is guilty. However, there can still be a doubt, but only to the extent that it would not affect a reasonable person’s belief regarding whether or not the defendant is guilty.
When late president Levy Mwanawasa started the fight against corruption, a lot of people were accused and arrested. A few appeared in the courts of law and even fewer were convicted. The excitement of
the fight against corruption and the plundered wealth was centered on Chiluba, the man who gave Mwanawasa the presidency on a silver plate. Literally!
The excitement, the arrest, the accusations and the court cases did not match the conviction rate, we in fact as a country ended up spending more money and man hours going to court. Out of the 65 or so
accused during the Mwanawasa regime, only about seven were convicted.
We know that the corruption in the Chiluba regime centered mostly around the Zamtrop account, which we understand was solely controlled by spy master Savior Chungu. While people like former ZANACO managing director Samuel Musonda, who used to receive instructions from Savior to conceal certain transactions, were convicted, the main architect himself remains free and was on the brink of receiving an appointment as permanent secretary for Luapula province.
That is why there must be proper guidelines on how this corruption fight is going to be handled, otherwise the PF government risk facing the same charges when they leave office themselves. In other words, it will just be a cycle with no tangible benefits accruing to the Zambian public despite their monies being used which otherwise would have gone on to build schools, hospitals and roads in some needy areas.
What the PF government should be doing is to avoid exciting the public with all these minor issues on corruption. Yes all offenders should be treated according to the law without political emotions attached to these cases and all offenders must be brought to book.
Our law enforcement officers must investigate these cases of corruption and plunder thoroughly before they excite the people. This habit of exciting the public with images by the media is not the best way to proceed.
Some statements, coming from some politicians point to the fact that they have already been found guilty. What chance do they then have in a lower court if top politicians have already pronounced judgment on them?
Let us not forget that these are cases that are at investigation level, they have not yet even gone to the prosecution team. The prosecution on takes the case to court if it is convinced and satisfied that the evidence gathered by the investigation, is enough to convince a reasonable person beyond a reasonable doubt, that the accused is guilt.
The case in point is that of Austin Liato, while the public in interested in Mr. Liato’s explanation, the law enforcers must make sure they have a solid case, this could have been compromised with the time it took for them to get a statement from Mr. Liato, this in evident in his tactic of being mute when questioned, the ideas is to stay mute until the case goes to court, in this way, they will have enough time to brainstorm and come up with a must plan, he actually has 2 full days to consult with his lawyer and plan the whole game, even the suspension by the MMD could just be part of the master plan. In my opinion, removing and 2.1 billion circulation is not an issue, we know of so many businessmen of foreign origin who keep dollars and hide the money in their houses, its not even a surprise for people to ask you to pay 20,000 USD in cash when buy a car from them, the issue is how was that money acquired? The brand new cars, the tractors even the farm must be accounted for, how where all these assets acquired? In a nutshell, the country must be more interested with the Source of Mr. Liato’s money and not the burying of 2.1 billion. Chances are that the 2.1 billion is a small fraction of the total sum.
It is therefore plain wrong to excite the public with a case that will take years in gathering interest. In the meantime, the suspected person would have some irreparable damage in the eyes of the public especially that we, as the present scenario seems to be, tend to assume someone guilt and wait for them to prove their innocence.
Further, the PF government should not give the people a chance to think the fight against corruption is a witch hunt of the previous government. Let us have a professional approach to this corruption fight, and please, let us not target individuals who served in the previous government only. If anything, we would want to know where all the parties got the funding for their campaigns, their must be full disclosure.
Let us thoroughly investigate, then prosecute and possibly get convictions. We do not want cases stalling or getting thrown out of the courts of law simply because the State rushed to court in an effort to appease the public and be seen to be doing their work. Upto now, we do not have a clear outcome in the case involving the Ministry of Health officials who were arrested and taken to court in the midst of wild public excitement.
We also know that when Levy Mwanawasa went to parliament to make the case for the removal of late Chiluba’s immunity, he made a lot of (charges) allegations, totaling over 60. Yet, when the case went to court, the charges were a fraction of that. Even then, they failed to prove that same fraction.
Clearly, there are lessons to be learnt as we embark on this fight against corruption.
A brilliant article. I think even ze president has indicated that only wher investigators ve sound evidence can they tak ze case to court.This ll save alot of resources.
Don’t Kubeba
as you have seen LAZ is siletn Mchenga is now a Judge…DEC n ACC now listen to Presdo
the courts know what to do…Don’t Kubeba
POLICE, DEC AND ACC NEED BETTER TRAINING: The quality of investigations in Zambia is very poor, leading to poor or no evidence at all! That is why they can’t even formulate proper or strong charges, and it makes us wonder whether they are themselves not part of the crime! In Liato’s case they treated the raid more as a RECOVERY operation rather than to understand the modus operandi of the RB govt’s corruption machinery and to gather sufficient evidence of wrong doing. Now, they’ve the burden of creating evidence to prove that the K2.1Bn is “stolen property” and that Liato actually “received” it.
ZP,THE LAW IS BLIND TAKE ACTION ALL FOUND WITH A CASE TO ANSWER
HOW INDEPENDENT IS OUR JUDICIARY? I was just asking myself if what has recently happened in South Africa can happen in mother Zambia: Courts have ruled that the NDPP appointed by Zuma 2yrs ago is unfit for that office after opposition parties and other interest groups legally challenged the appointment. Former President Mbeki’s police IG has been sentenced to 15 yrs for defeating the ends of justice, and the incumbent IG has recently been suspended pending the outcome of a corruption charge against him. Are’nt these signs of a working government?
Chiluba is dead But Justice was not served to the Zambians the London Judgement Stands,Mr.RB Banda failed the Nation if he had taken into account the London Judgement which was based on hard evidence Liatos of the the Banda Govt would have been put on notice.Mr.Banda = to failed leadership(These are old men who should have been villagers and farmers not world leaders)
We might as well give up looking at how difficult it is to fight corruption in Africa then!
Iwe Siulupwa who tells you that no one is thinking in your lines If a thicko like you can come up with such?
I’m going to leave that bigot label right where it is.  Putting out a tweet because this article was pretty much pointless.
Reading through the article and a lot of grammar in it, about each issue is like slicing a knife through each of my eyes and squeezing lemon juice in the holes!  Seriously – did this guy even bother learning ANYTHING about the practical reality of corruption and realize that, Zambia is never a first world country and drawing parallel sbetween US, Britain and Zambia is quiet frankly ignorance
 Why not bother to write article with complete candor. The pretense of an MMD cadre behind a shield-less protection to discredit the PF is quiet frankly an abysmal try. Worthless
Thanks
We also need highly trained investigators to deal with white collar crime. Most of these cases are handled by investigators who are un taught & lack understanding of highly complicated and sophisticated crime rings. Having said that I would want to point out that the rules of evidence were fashioned to protect the accused particularly from those that weld the instruments of power hence the need for a Proof That Is Beyond Reasonable Doubt. The accused is also protected against an unfair conviction by the rules of evidence.
Ooops and also the picture used on this article is quiet frankly wrong, another misguided advise coupled with the questionable content of the article ofcourse
Please someone, pass the puke bucket!
Thanks
Stealing in Zambia is considered as a form of ‘hard work’. The government must strengthen the law dealing with corruption and stealing public resources instead of treating cases with kid’s gloves. There are people who have never owned a teaspoon and yet after becoming Ministers now own mansions. It is not possible!!! Stealing public resources must be punished heavily with a minimum 10 years in jail and confiscating all assets. Take a leaf from Jerry Rawlings in Ghana who rounded up all the former leaders to account for their wealth. Those who failed to account for their riches were executed. There will be no executions in Zambia, but people like Dora Siliya should account for the wealth they have amassed during the period they have been in government. THIEVES,THIEVES,THIEVES!!!!!
This article raises very pertinent points. I was really surprised to see IG Malama claiming on Muvi tv that the money recovered at Liato’s farm was plundered from the public without any evidence to back up his claim and before Liato was charged and prosecuted! I also feel that the president’s wife should not have commented on the case when she was receiving blankets for patients at UTH as that would be seen to be prejudicial to the case. It seems that we still have a long way to go when senior figures such as the IG of police himself, and the wife of the republican president are ignorant of the notion of ‘innocent until proven guilty’, or the fact that EVERYONE regardless of political affiliation is entitled to a fair trial.
An Easterner was so in love with a Bemba girl. After many attempts, the girl kept saying; am still thinking about it. One day he resolved to try one last time and call it quits.
When the girl saw him, she knew what he wanted to say. She simply said: “Ba Tembo, nkumbateni!
when the guy heard he fumed and left to tell his friend that she now wants nkumba ten! (10 pigs) kikikikikikikikikiki yaba!
@8 Kimbanguist; You’re very right. Ours seems to be a country where stealling is the only way to attain esteem and the admiration of those from whom you steal. A country where it only matters how elegant you become with the stolen money than how exemplary you are in executing your duties and observing the law. My problem with all this is that to the younger generation, such are their role models because society has glorified them and therefore their followers continue to join this growing queue to thieves and fraudsters!!
Mwanawasa managed to mislead the nation to believe that he was fighting corruption and yet he was just trying to get back at Chiluba because of the suspicions that Chiluba had a sexual affair with Moreen Mwanawasa. I wonder why he was so hard on Chiluba to the extent of even accusing the judicially of shielding Chiluba. Why didn’t he do the same to Darlington Mwape?Â
Sorry, I meant “…growing queue OF thieves and fraudsters…”
After going through the article, indeed the puke bucket should go round. The writer shows a bit of anti MMD when infact its pro MMD. Infact he wants us think that this was a fair analysis of the fight against corruption today. 1.Mr.Liato himself has told us that he has a case nowonder he has chosen to be mute.2.The richest pipo in the world keep their money in banks so whats so special about Mr. Liato’s K2.1B to be hidden under the concrete? Let him give us the answers.
Good afternoon
There are some traces of biased observation and naivitey in the article at hand. The author claims that there is a “habit of exciting the public with corruption images by the media” but I personally don’t think this describes the real situation.
The real situation is that the public is not excited but angry over the scale and growth of corruption and the impunity with which it is carried out. Dealing with corruption is absolutely essential, whether or not the media plays a part in covering the cases.
@15 Nine Chale; point of correction -The reporter is right, once government’s investigative wings go public about who they are investigating the public naturally gets excited about the possibility of these known cooks being arrested! But then the same criminal justice system frustrates us when they throw away these over publicised cases out of court owing to lack of evidence!
Zambian’s must know that our country is not poor. We have had a wave upon wave of leeches who only look out for themselves. Not all developed countries are corrupt free but when it comes to sense of duty and getting the basics right, these are real issues that affect real people. The people we trust to look after our judiciary system are the same ones that frustrate the system. To be above the law in Zambia you have to be a politician. Our mentality towards our country need to change. I can only hope that our next generation of politicians will be much more ethical and have the passion, sense of duty and honour to serve our great country.
yours are very good points, wish we had more who thought in your lines for the the future of our nation. Good day and stay blessed
Ba Nine Chale. Excitment does not mean hapines only as you think. it could mean being joyfull or happy due to revelation that thieves or crooks have been caught. Don`t you see people being excited when things happen both positive or negative? My friend Tears can not bring you joy, but joy can bring you tears. That is why people cry even during wedings.
What’s the problem with Mushota kanshi? He’s always criticising even when somebody comes up with good advice. Mr Siulapwa has raised very pertinent questions which need serious consideration and here is Mushota saying it’s rubbish. For Sata to succeed, he needs people who can give him constructive advice and not “yes, yes” men who do him no good. Surely, cases need to be properly investigated so that the culprits are sent to jail where they rightfully belong.
We agree with Siulapwa that PFgovt hasn’t got any strategy or vision to fight corruption evidenced from its hullabaloo statements causing public excitements over dismal discoveries of the ice berg of corruption. To PFgovt they have won the fight against corruption in exciting people over their unthoughtiful mindheadedness posture towards the nation. Ney, let PF govt bring to a logical conclusion of existing corruption cases of Chungu, Kapoko, Miti, Regina, Mahtani to name a few, as a demonstration of a serious govt, different to the previous regime. This is not withstanding the recently state house renovations done by a single sourced company for Minister of finance Chikwanda. PF govt rewarding people with corruption cases is not fighting corruption, it is infact aiding it to flourish.
Is this the same Daimone Siulapwa who has been accused of chewing peoples money on Zambian Watchdog? If so, then entire foundation of the article is flawed and not worth reading. The author has an undeclared interest or bias.
Mr Stealing Daimone Siulapwa, you are only sinking yourself deeper into the mess you created. People have every right to exposed worthless and unprincipled crooks like you and it will take more than this rubbish article to clear your record. You have a criminal record which will always follow you.
Please be warned about having any business dealings with this Mr Daimone Siulapwa especially after him making desperate attempts like this one to clear himself.
Good point…that we need to investigate and get to court with a solid case…The Chiluba issue was well handled until Levy passed…and Kunda turned so as to keep his job by licking Banda’s boots…!
Investigation must be instituted on GBM current defense minister for flouting road regulations by instructing his drivers to leave a weigh bridge without paying an over weight fee. He threatened to get the staff fired if they do not release his trucks. Letters have been sent to transport minister roams agency director today’s no action has been taken. Is someone really allegic to corruption or unless one must wear pf regalia to be immune from DEc malama and company???
Ba siulapwa this article yena namutuna.Who is keeping the puke bucket ?
Its not only the evidence that matters. Thorough investigation can be carried out and evidence gathered. The political will from our leaders more especially the president plays a major role. Remember the Chiluba case and other cases were the interference of the president has overturned properly procecuted cases
Thanks..
#19 Wanu Ngwee point taken. So who is to blame for that inconsistency? The media or the Judicial system?
#21 Kanowene my bone of contention is not how the author uses the word “excitement” to describe the moods of discontent among the public. I am rather criticising his approach on an the issue, which may mislead one into thinking that the fight against corruption is deceitful and that the state & the media both play an active role in controlling the outcome of corruption cases. If this was the real situation, then as #7 has rightly commented, we might as well stand back and let the vice take it’s course.
Just who is this Diamond? Stop lecturing us about corruption when we all know you swindled a South African man out of money. Who’s got that puke bucket? Please pass it on when you’re done. After we are all done puking in it, we should empty it on the author.
People want to spend time talking about the writter of the article, being acussed is not being found giulty, let handle the issues head on as the arthour has observed, we all have opinions..
yes, ientirely agree with the author of this article. in investigations there is what we call the Net Worth method. we use this to dtermine the source of income for an individual especially on suspected corruption cases. in other words the suspect has to account for the source of his wealth. therefore, liato should account for the source of his nes vehicles, the farm, etc. we all know what a minister gets, how much they got from ncc and his gratuity as an mp. all thses should come into play. one other thing that we do in investigations is to seek an addmission from the suspect. you do this during an introductory interviwee and it is important because you have to set an interview theme which is usually to seek help from the suspect. by keeping mute, Liato has been advised by council and i
Good article. The fight can easily lose credibility if it’s selective and corruptly done
@29 Nine Chale, It’s the Law enforcement and investigative wings that are to blame. Obviously they are the ones who invite the media to come and report or take pictures of those they are either investigating or have arrested, much to the amusement of the public, but then they go mute when they can’t get these suspects convicted or even charged.
I thought the author of this article was caged some months ago for stealing. Is he still a free man?
ha ha ha caged my ass, Liato with 2.1 billion scandal is up and about ad u want to talk about a few rands… everyone is innocent until proven guilty…. Ba jomie.. take it easy… you will break your heart…
The problems with us zambians is that we thrieve on rumours, a case come up, we cheer, sing and dance and that’s the end of the story. Zambia has the hieghst number of unsolved corruption cases that have been brought before the court of law.
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Well said, in the more than 120 days the pf has been in power, a lot of pipo have been accussed and no one, I mean no one has been arrested… This exactly what the authour of this article is saying.. Its just politics..