Former MMD National Secretary Major Richard Kachingwe has today testified in the Lusaka Magistrate court in the case in which former republican president Rupiah Banda is charged with abuse of authority of office.
Major. Kachingwe told the court that between the 2007 and 2009, while he served as deputy high commissioner to Nigeria, he had dealings with a company known as Sarb energy.
He testified that while in that country he was approached by two gentlemen who told him they wanted to do some oil business in Zambia.
He narrated to the court that he referred the two who he identified as Mapen and Acpen to a Mr. William Ngwira who could help them establish some contact in Zambia.
Major Kachingwe told the court that the two further told him that they had another proposal of a government to government crude oil contract.
He testified that after discovering that the Nigerian crude oil was not compatible with the Zambian refined oil from Indeni the discussion could not continue, adding that it was at this time that he had to travel for late President Levy Mwanawasa’s funeral.
He told the court that after the funeral, then acting president Rupiah Banda informed the late George Kunda and then Energy minister Kenneth Konga about the request if they could buy some Nigerian crude oil.
Major Kachingwe narrated that it was then agreed that the two presidents Rupiah Banda and his Nigerian counterpart Umaru Musa Yar’Adua should have a one to one talk about the proposal, and that president Banda also wanted to lobby for the approval of the Sarb Energy deal for the supply of 45 thousand barrels of crude oil per day.
Major Kachingwe also recalled that during the meeting former Defence Minister George Mpombo was also present and he suggested that the proceeds of the crude oil deal be used for poverty alleviation in Zambia.
But defence lawyers Eric Silwamba and Irene Kunda interjected stating that they were concerned about the hearsay and that the court should rely on hearsay.
The defence lawyers also argued that the state should bring cases grounded on facts and not hearsay.
The trial continues this afternoon.
QFm
I don’t see any substance on this case, it is another waste of time!
How can justice be a waste of time? That’s the problem with Zambians. You are so used to corruption that you don’t see it anymore. You are quick to criticize the legal process but you don’t criticize corrupt acts! You don’t see substance in this case? Are you saying that to you its OK for a head of state to sign and pay for an oil contract using government resources and not have the oil delivered? Seriously you baffle me. I don’t understand your thinking, but then if we have people who think like you that explains the sorry state our country is in!
If the crude oil was not compatible why then did they continue to discuss?
“it was then agreed that the two presidents Rupiah Banda and his Nigerian counterpart Umaru Musa Yar’Adua should have a one to one talk about the proposal, and that president Banda also wanted to lobby for the approval of the Sarb Energy deal for the supply of 45 thousand barrels of crude oil per day”
‘during the meeting former Defence Minister George Mpombo was also present and he suggested that the proceeds of the crude oil deal’
‘Major. Kachingwe told the court that between the 2007 and 2009, while he served as deputy high commissioner to Nigeria, he had dealings with a company known as Sarb energy’
NOW WHERE IS BWANZANI
Up to now you don’t know that RB sent a letter to Nigeria, asked his Chief of Staff Austin Sichinga to edit the letter and make sure it conforms to State House standard. He identified the copy of this same letter he edited, the only difference was that one was a copy and had RB’s signature
Ma rubbish!
This case is apt to embarrass some one.I Feared that Kachingwe would wrap up the case, but it appears there is nothing of substance in his statement.Up to now nothing concrete against RB is surfacing. The best government can do is to stop the case. Or they should brace for compensation.
Kachingwe hasn’t even finished his testimony and you are making up conclusions. The DPP has a plan, he is building the case and only him knows who his star witnesses and critical evidence that will nail RB.
@action Man
as we appreciate your argument, courts dont believe, accept opinions neither feelings. courts base their argument on facts and what law states. No supposing the defense counsel tell your witness to produce that khaki envelop are they going to do so? Can they show the contents of the same? The question is from statement ‘The DPP has a plan, he is building the case and only him knows who his star witnesses and critical evidence that will nail RB’ which Plan.
The rule of Law is clear” each ingredients should be satisfied to cast any doubt on the jury” so far even a stupid yellow man is doubtful with the proceedings.
2nd there is no what you call key witness, Judgment is based in all evidence produced by all witness. “90 minutes game” final.
Advice. Be a sensitive…
There is too much reference to the dead (Nigerian President, LPM and George Kunda) and equally the “defectors” in Kachingwe himself and George Mpombo for this prosecution case to have the much needed weight to prove “Beyond reasonable doubt” that there was, or indeed an attempt to push through a deal in a corrupt manner. So far the letter has been discredited in as far as we can see and this hearsay does not carry much weight so we wait for more credible witnesses and also the evidence to confirm transactions from the Zambian Govt to any of the Nigerian oil companies without equally valued benefits coming to the Zambian Govt from the other side.
We wait …. even the transfer of $2.5 million to Barclays Singapore. Just wait and see. Nchito is Nchito. He know where he is going. He is a grand master when it comes to money laundering and other financial crimes.
this case will be won by manipulation, sorry Action Man m. nchito has never proved a case beyond a shadow of doubt because he is unable to. maybe in commercial law- what with the k14bn? i hope you are not a blind disciple!
Pf regime useless!
Ata bane… thats why Frank Bwalya has resigned …”buwelewele ubu”
Ala Bee and his 419 pen pals, the chap was a shameless crook. He should be erased from our history books…
Mercilles and Maxwell, its always nice to have divergent views from a minority against the majority who see objectively and can tell that this case holds no water at all and that your PF people are totally incompetent to make anything stick. U guys make us laugh and giggle and chuckle with your tuma outbursts even though deep down you also know that this charade is a total waste of tax payer’s money. Dig your consistency though, stay strong bru 🙂
frank bwalya is a vuvuzela.you same people when fat john harassing Chiluba were in fore front supporting the harassment.What is the difference now?you employ double standards.Stop it and let the law sort this out.The problem is you are emotional when commenting on issues sober up people.This clearly shows why bwazani’s son never wanted to surrender himself.In fact banda is being treated with respect as compared to the way Chiluba was treated.In the case of Chiluba, the president was the arresting officer interrogator, prosecutor and judge, but this is not the case in banda’s case.Analyse issues objectively not with hatred against the current leadership.Anyway we are in a learning phase after being cacooned for 27 years under one part dictatorship-KK wamuyaya.Bravo PF
@Roka – Which year are you operating in? Wear your spectacles so you can see clearly if you are in 2013, for you are BLIND right now!!
Quote: ‘In the case of Chiluba, the president was the arresting officer interrogator, prosecutor and judge, but this is not the case in banda’s case’. end of quote.
Well because the president now is incompetent.
Comments from 1 to 7 are useless.
Kachingwe is just confirming that such a crooked deal took place it’s no imagination or hallucination.Are you telling me the one on one deal was straight forward.why was Kachingwe being used as secret agent to go to Nigeria without the embasy being informed or the media covering him that Zambia is negotiating an oil deal and kachingwe is sent by the state? all this are coming out now you cadres of Rupia.YOU WILL CRY WITH HIM wait AND see.
according to you all government transactions are discussed in the press. if you follow the full story kachingwe also said a presentation was made at govt house. this is case is trash and the earlier the DDP enter a nolle proseque the better otrherwise we are just wasting time
@Merciless
No one knows for certain that there was such a deal and thats why there is a court case. The deal may have done but the court should only be interested in credible evidence. Neither Kachingwe, nor the hearsay evidence he is providing here will have much bearing in criminal proceedings, where the proof required should be beyond reasonable doubt, and unless he can substantiate some of this. What stops anyone promised a job by the cartel controlling state house from testifying against RB?
@ Merciles
Whoever write here is not useless. You don’t even their caliber. What we are saying is that we cant see substantial evidence. Unless you payslip does not show tax deductions, or invoices do not show VAT, Road tax, Pay CBU fees which are 24 000KB,
Your kids Primary and secondary, buy fuel. etc.
ANYWAY I MAY NOT SAY YOURS ARE YOURSELF BUT I THINK YOURS ARE THE MOST ONE
so basically the oil deal was started by mwanawasa’s government.Rb only became president in 2008…When you take over someone you basically follow up on the works they started.Okey looks like this is another black hole corruption case where we will throw millions of kwacha with no benefit.Just start fixing roads ba PF ..this case is going nowhere slowly
True. But the PF are fooll of **it and what they want is to humiliate Rupiah at whatever cost. More price increments to cover these donchi kubeba costs
Hey..hold your fire. when you inherit it is not a gurantee that even crooked deals should be inherited..you may say Mwanawasa started the deal..in this case the decision to continue with such a crooked deal was done by RB..on kachingwe the chap’s testomony is leading to something..remember who sent him to Nigeria? was the deal done as per government procedure?to me kachingwe was also a key player in the deal..he knows telling the truth will lead him in to trouble..this is a crime connection nothing else..more evidence is still coming..hold your fire!!!!!!!
This case will take ages to reach conclusion – imagine how much time has lapsed while witnesses are still just trying to link RB to Nija President, etc; just the preliminaries of the two leaders trying to connect with each other, etc. Imagine, if RB was all along in jail with bail! Nonsense!!!!!!!!!!!!!!!
WORSE STILL. PEOPLE BEEN MENTIONED ARE DEAD PEOPLE. IF RB SAYS HE WANTS EVIDENCE FROM FORMER NIGERIAN, G.KUNDA AND MWANAWASA TO CONFIRM.
PAUL TEMBO- WITNESS DIED CASE CLOSED.
RB WILL SAY NO IT WAS MWANAWASA,SO. ASK KUNDA, ETC.
DEAD END. MR. SATA WAS NOT ADVICE PROPERLY SAME LIKE KAUNDA, CHILUBA, RB NOW ITS SATA
WHAT IS YOUR PICK ACTION MAN???
Records will be enough..we dont expect the dead to come and testify..the case is building up anyway
My simple question. Why was this man stealing from us the Zambians? Maybe we weren’t paying him enough per month income & allowances? I’m short of answers & I need help to clear mind
what did he steal?
really man, is that all you can say!!? “well sounding words” but no logic
If he never stole let his son come..mind you it was a family deal
LT HASNT COVERED THIS ADEQUATELY, KACHINGWE ALSO TESTIFIED THAT HENRY BANDA WAS PAID US$550,000 BY THE NIGERIANS THRU SINGAPORE BARCLAYS BANK, UPON BEING ASKED THE NIGERIANS PRODUCED DOCS OF PROOF TO KACHINGWE. CASE WAS ADJOURN TO XX JULY 2013(MISSED THE DAY)
Exactly! Same court room 3 different stories. what sort of reporting is this ba LT? Please update your stories you are misinforming people.
All these cases without facts and unnecessary by-elections are robbing us even more resources. PF is busy creating opportunities for themselves in the name of dealing with corruption. They are Robbing us in our very eyes. they create a problem and then pretend to give a solution. Your days are numbered!
This is a criminal matter and the prosecution will have to prove this case “beyond all reasonable doubt”. The moment we have draft letters, forged letters, presentation at government house (hope we have duly signed copies of minutes of these meetings), etc, including the mention of dead people (MTSRIP), i doubt that the prosecution will get to the required threshold of Guilty Beyond Reasonable Doubt. i wish to appeal to Joshua Banda to base his rulings on facts and NOT manipulation.
Criminals are very sophisticated. For every transaction they do, they make sure it is hidden as much as possible. Mind it is a very difficult task to prosecute high profile cases.
George Kunda was a lawyer, he is mentioned in this case and could have advised how to conceal evidence.
This is an international criminal case involving very sophisticated educated and high profile chaps. Mind you even thieves can be acquitted depending on how they arranged their transaction.