THE Director of Public Prosecution (DPP) has 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Railways Limited (ZRL) chief executive officer Clive Chirwa after state prosecutors applied to the court to have matter withdrawn.
This is in a case in which Prof Chirwa who was jointly charged with ZRL Finance Director Regina Mwale and are facing two counts of corrupt practices the charges both have denied.
Chirwa, 59, has been charged with failure to declare interest when he allegedly recommended that Clavel Incorporated Limited, a company in which he was a shareholder, be awarded a contract to train ZRL employees.
In the second count, Chirwa along with ZRL, Ms Mwale aged 50, are charged for abuse of authority of office, in the manner they allegedly authorised a total payment of K289, 128.84 to Fallsway Apartments for accommodation.
This was for the benefit of Chirwa and it was done allegedly without following laid down procedure.
Particulars of the offence is that Prof Chirwa between 1st November, 2012 and 31st December, 2012 as CEO of Zambia Railways Limited recommended at the 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.
But 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.
Mr Muchula applied to Kabwe Principle Resident Magistrate John Mbuzi to have the matter withdrawn and that the prosecutions wants the proceedings to be carried out in Lusaka considering that Prof Chirwa and witnesses are Lusaka based and was also been done for convenience purposes.
But lawyers representing Ms Mwale, Mr Mulilo Kabesha from Kabesha and Company and Collins Chizao strongly objected to the application describing the move as a worst injustice which has seen the abuse of Section 88(a) with impunity.
Mr Kabesha described the move to withdraw the matter as a true white manoeuvre by the state to abuse the article yet the country’s constitutional provides a right and fair trial which was been denied while Mr Chizao argued that there was no justification for their client to be tried in Lusaka as per suggestion because the alleged crime and offences were committed in Kabwe where at the time the headquarters was.
And Mr Robert Simeza from Simeza Sangwa Associated representing Chirwa did not object to the application by the state bearing in mind that it was not an acquittal.
Mr Simeza however, cautioned the state against giving details when making such applications in court as that would result opening what he termed as a Pandora box as the case.
He applied to the court to the to order for the release of the passport of his client which was one of the bail condition.
But in response Mr Muchula told the court that the application was made by the state to have the matter withdrawn pending instructions from the DPP and that the state had not applied for the transfer of the case.
But in his ruling after hearing from both parties, Magistrate Mbuzi allowed the withdrawing of the matter before court following instructions from the DPP but stated that he did not want to dwell on the passport release application because the case was merely a withdrawal and not acquittal and advised Mr Simeza to use other avenues over the matter.
In June this year President Michael Sata retired Prof Chirwa in national after being suspended from his post earlier in April.
No direction with the PF
The country need healing and an immediate halt to a growing atmosphere of resentment most career men and women in the country have against their diaspora brothers and sisters. It is dangerously alarming, and more counter productive to the country. Most hate and resent anyone from the diaspora more especially those with higher professional skills, talent, resources, progressive work, time management and business culture essential to make a difference. They would rather have a school dropout returning without skills or money back on the streets begging. What a country….Chirwa’s sin was he returned with superior skills and mindset to transform Zambia.
@Patriot
I disagree that Chirwa’s sin was he return with superior skills. Last time I checked he had been requested by the Head of State to employ those skills for the betterment of this country, and he accepted. Unfortunately, it is alleged that he went overboard with his expenditure and lifestyle which became a serious drain on the resources of ZRL which he was employed to enhance. It is for this reason that he is before the courts of law so that he clears his name. Supposing the allegations against him are true, do you realize how many Zambians would benefit from the sum of K289,000 which we are told was paid to some lodge? Do you really expect the Zambians to condone criminality just because someone has some superior skils and from the diaspora? NO SIR!
@ st jude
so idioot can see poopoo and still want to classify it as yoghurt.this goverment is directionless,smell the stench and join the wise in condemning the rot you bustarddd.
Is DPP PF ? Please desist from unprofitable contributions, this is clear UPND mindset. you guys UPND Just yap like a puppy which has seen beef”
@chloroquin
I believe this is not about the direction of the government per se. I may be a bastard in you view but I believe in correct analysis of issues and not joining a blind band wagon. Even if the govt were directionless as you put it, should we condone criminality? My question is, suppose Clive indeed abused his position, should we let him scot-free? Was he not employed by the same govt you pour scorn on? As to my being a bastard, I’m sorry I can’t do anything about it since I was born like that. May be you should blame my parents!
I agree with you St Jude.However, Chroroquin, panado, quinine or which ever name you are!! can you pliz contribute positively.
@St Jude, Well spoken. This is the kind of rational thinking we need.
@St Jude – notice how this government seems to have recourse to nolle prosquis and withdrawals more than any that any previous government has so far entertained or played with. We may not disagree with the fact at law, but what we are wondering as laymen is why it is that we have so many citizens with possible re-arrests or re-trials hanging over their heads. We needed to have as many of these cases consumated as is required by law, once they start. If the fear is to “open pandora’s boxes”, then be it. After all none should be above the law unless they are sanctioned by the legislature itself! It appears the DPP has discovered it is a good cover to just withdraw cases of enter nolles.
This case is laced with some aspects of PHD (Pull Him Down) syndrome. While Chirwa may have been naive and didnt have alot of business accumen, however, his attitude not to play ball regarding the board’s allowances and unnecessary meetings brought him into conflict with other board members and hence the pact to bring Chirwa down. Having said that, I am wondering why this case has been withdrawn. Wouldn’t it be that had it continued, government would have been embarrassed with citations of other government officials enjoying the same facilities paid by the government keeping ministers at Fallsway Appartments? For one Minister Yaluma had an outstanding bill there and what was different in Chirwa’s case? This would have revealed alot of double standards.
Bwana Patriot nobody hates you; you seem to have developed some ‘chimwela’ being in the diaspora. As long as you remain a coward hiding behind your laptop people like Stephen Masumba will continue mismanaging the country. Take a leaf from the Jews; when push came to shove, they returned to Palestine and Israel was born.
Park your self pity and stop being arm chair critics; take action now, if you feel so strongly!
Prof. Chirwa once your passport is issued moto, get out of there at lightening speed. PF will finish you unless you swallow your pride and begin to bootlick them big time.
@Cactus and @Paolo Di Canio,
Thanx so much for you support and maturity
@Kal and @Mfumu
Your views are indeed valid but take note that the state may re-arrest the suspects. Sometimes matters are withdrawn in order to do a better job at investigation level. However, there are times when people have been arrested just because authorities are playing to the public gallery! I hope thi is not one such case
@ paolo di kanena “akanyo”
how else do you want me to address a band of half brwins lik3 you.you seem to be enjoying the downward spiral in the governance of this country simply because you are cadres.you have sacrificed your morals.you rascals.chirwa was hired and he burgained for his conditions,why turn on him in the end,and as if that is not enough you try to abuse the law to punish him.
you coolies dont deserve any amount of respect.voerseeeeek.
@chloroquin 1 vs the rest 0.
Bushe kwena what is going on in tis country, zoonz ni pa auto pilot eeee
Zambia has neither Direction nor Leadership. It’s unfortunate that such matters send Sour feelings for Zambians in Diaspora, approached to contribute to development of Zambia. Chirwa may have made mistakes, but should have direction on how such matters should be handled. Another U-turn 4 – 0 to PF.
Chirwa’s SIn was that he accepted to work for a thug. Educated types like ourselves should never lower ourselves to having bosses who have no education whatsoever. Sata will embarrass you in a heart beat and in public in front of your wife and kids. Everybody knows that. How can a sane person work for such an individual. some of us have pride!!
And Mr Robert Simeza from Simeza Sangwa Associated representing Chirwa lol
whteva..viva shilubemba.
PF only knows how to use pangas and not their heads
once again the zwd has been vindicated.nchinto so far has more acquitals(withdraws) than than finding suspects guilty.e.g chiluba,liato,hh,nevers,mathani,soon it wil be rb.
LOl so his another Wynter Kabimba? Try IT as next career.
he’s*
The DPP has absolute discretion to discontinue any case against anyone and he does not have to offer any explanation for it. However, discontinuing a matter so that it is re-instituted in another district is retrogressive and against the laws of natural justice. Does this mean lack of confidence by the state in the Kabwe Courts? I’m certain that soon we shall get to know the real reasons for this move.
As soon as you lose count of that exercise of discretion, it might be falling into abuse. Question is when is it “too much”? Most is perceptive, some is relative. I think we should look at things like that before we cede too much of our citizen’s rights to ‘discretion’. Remember how the theft of motor vehicle provision was suddenly perceived to be used to persecute opponents? All you needed to do was report a suspicion and your opponent was tasting Chimbokaila. We might just need to revisit that “unquestionable” discretion after all.
There was no case to begin with.Tis the same way the bogus case against RB will come to naught.
thats how the panga felaz pf works
Confirm the facts and avoid rumours
Lol
This is a true definition of lunacy in government
Its like the man is innocent and some dogs have started blaming the PF as if they are the ones who says lets discontinue the case.
This is a serious waste of public funds and its one way those in power use the law to get rid of them that oppose them. The Prof had brilliant ideas to bring back the pride of ZR but because everyone who is corrupt minded once they hear budget allocations in dollars they think he will eat/steal the money alone and when they cant get to corner him so they partake in the stealing they look for any excuse/fault to get rid of him only to withdraw knowing his name is tarnished so they replace him with a YES BWANA, YES BOSS, YES KANABESA candidate….this is very sad another ten years added behind any progress for the future of ZR for our country.
MONEY, MONEY, MONEY. WHAT MONEY CAN DO!!!!!
Waste of time. Clive did not hide that Clavel Incorporated Limited, a company in which he is a shareholder be given a contract. The board knew that Clive was one of shareholders. ZR was going to serve a lot of money by engaging Clavel since other companies were expensive. Regina Mwale has no case to answer. The case of Fallsway Apartments for accommodation should be dismissed. The government and some former board members have no better reasons to give, but to serve their faces from embarrassment and greediness. The vision of Zambia Railways is dead and will make no progress. How can the loan be used mostly for repairing the rail. That is no innovation. Loan seed should have been used where the loan seed was going to yield more seeds. Another innovator should have replaced Clive.
clive chirwa you will have a chance to defend your case not as a blogger…so await right forum
but nchito chikkalah.
very incompetent nchito, and all govt legal people
@ Chloroquin
Ichindike. Mind your your tone of words. No one is out there praising you for displaying your stupidity. Shame be upon you. Son of Satan!
@ kwindi
nkakutombela akakashi bukalahh bwa nokoh
FTJ just sensed danger and passed on,pantu aba ama guys they would have brutalised to the bone
FTJ passed on because he had an overdose of mutototo…
The accused and witnesses live in Lusaka better that way dpp
While, whatever the case for now, it was too much of one person to get 25% shares of ZRL after his contract expiry. That is tantamount to auctioning the company and even the country bit by bit for free.
If I were u I would have first tried to read anything on share options. After doing so, I would also try to recall that Clive Chirwa said there was no share option clause in his contract except his lawyers suggested that because they thought ZRL was a private co. Don’t ask me y they thot it was a private co. ( I can see that happening). Before u ask think of Ltd and Plc.
The shares issue was his demand that was rejected and so did not happen! Kanshi mwe bantu, mutontokanya shani? There is no such case committed by Prof Chirwa! Fwayeniko fimbi why you don’t want your own.
There is no case to answer by Clive…..he didn’t choose Clavel incorporated Ltd but the board chose it since it was the cheapest among others.
Let us be fair with our reasoning guys!!
Confusion all over the land.
Chirwa was a chance missed, due to Corrupt interests – P.F, Goons who needed the vision to fail so they could reap profits via their Truck’s
Every day a New Ugly scandal.
@chloroquin.if you were borne from a sound family,you must apologiz to st.jude for using unpalatable language against him/her.s/he didnt use any vulgar in his/her opinion expression to deserve your stupidity.st. Jude must not suffer because your father never maried your mother.
Thanks for promoting decorum and respect for our african values.
@ganja farmer and @Enka
Thanks so much for your support. Sometimes I’m appalled by the lack of decorum as Enka puts it,in these debates. This is a forum we are supposed to use to put forward our views but it appears some people want to abuse it. I wish it were possible to put an age restriction because most of this points to immaturity. By the way, I’m a male Zambian. Thanks again for your effort to promote and enhance positive contributions on this blog.
what unpalatable language nokoh indiki.
It’s probably too late to comment here but I will anyway. @ St.Jude I like your English. Very much so. Keep posting under this moniker so I can always read your posts. Not for your opinions. Just your English.
ndeloleshafye…
Zambia has been thrown to the dogs.
Thank you for wasting both his as well as our time and energy, this time Zambia could have reached many moons beyond time in evaluation and possibly exercution of his rare ideas. can you please sign him up for the development of the Dual carriage way? Iam sure him having such passion for his country wont allow one set back to discourage him.
dont worry Atanga former PS is CEO now he too has a vision soon ZRL will be a beauty to behold…..lets give him a chance afterall we are less in the newspapers now and earning close to 10 million dollars a month after expenses are deducted.
@ Thomas;
Well and good, though i would still be happy to see him useful, any well meaning contribution from whoever nomatter their past fall out should not deter the countrys development. We need everyones hands and fingers on something. If Atanga with his magic produces ripe results at ZR, let Clive inject and produce his in a different field, remember we are strong when we work together regardless our defferences.
Attanga was part of the dissolved board, which should have equally bn investigated. Kwalibako?
@st Jude
I take with interest your natural ‘BUSTARD’ state to which you ‘ve no control and probably God or your parents could have influenced different course of bastardship – This Clive issue is man chosen act – he chose this mess by himself. The most unfortunate item is that our national resources are being wasted by PF + Clive’s inability to use carefully(most probably he does have the them), skills in psychology and sociology. The bottom line is that PF has no ability to govern and the Clive subject is an example of bad management skills among others that prove PF’s badness.
@ Keen Follower and Chloroquin
Stop using Kaponya language especially to St Jude. You are disgusting and that shows your low level of thinking. Cheap and cowardly and you are ****** beyond contempt.
@Keen Follower
Your friend chloroquin called me a bastard or whatever it is, but I did not want to react in a similar manner because I believe I should discuss real issues. Your trying to rub it in will not change things. However, if you closely followed my posts on this issue you will realise that I neither support Clive Chirwa nor the DPP. The only thing I tried to enlighten bloggers on is the fact that the law as it stands allows the DPP to discontinue a matter without giving reasons. If we are aggrieved, the starting point is to amend the law!
@Jungle boy
Thanx man. Sometimes we have to accept the fact that we are born differently. Some people are incorrigible and no matter how we try we may not change them. Keen Follower and Chloroquin may be in this category.
@ jungle boy
leka amasushi bukala bobe.
Keen Follower na Chloroquine nabapena. Unfortunately ubushilu tabukonkonsha. Our Friends are running mad. Please brothers keep away!
Please display civility on this podium.
Its true what the bible says ‘to those that have much more will be given to them,to those that have little even the little they have shall be taken from them.Zambia has so little development and even the little development we wanted in a modern railway system has been taken from us! what a bunch of ‘$*^!# we have ruling(ruining) our beautiful country
Any QUESITIONS.
Problem with zambia is that people like judging others with little or no prosper evidence such is being championed by some sections of our media , ofcourse professor. Chiwra may have some blunders , but his accusers had some hidden agenda if they also to demand those hefty allowances from the poor zambia and that was the begining of that war , it was of great value to investigate what was actually happening in the new system , I would finally say the excirse was good to some of us who were shocked by the events
Sad, why the rush and just to u-turn a few days later? Just do not start anything if not sure of the finishing skills. anyways, 90 days theory is another such example in case.
Other issues maybe political but to live in such an expensive lodge when the company you are operating is in red and to pretend that you did not know that you had to declare interest in Procurement of Services shows that the Man was not Managing Director material, he is a good designer that is all.
I have followed the the two schools of thought here viz a viz pull him down syndrome vs somewere some how a crime was commited and finally the case being withdrawn. I like St Judes reasoning which I find plausable. We need to wait and see the aftermath of this withdrawal. The problem in our country is that everything is politicised. Even if we removed the present goverment the next government will just wear the shoes of their predecessors. As General Miyanda puts it we must of necessity change our constitution. The Presidency has too much power. You can see from the way the appointments were made at Zambia Railways. The board should appoint the CEO. The board seemed not to have powers over the CEO. The CEO was appointed by someone else. The whole thing was moribund from the begining.
the bloging of petty brats from the ancient and ZWD leaves much to be desired. miss days when constructive exchange of ideals was order of the day, now petty lumpens like chloroquin ve taken centre stage. Problem with this little brains is, when grz says this they say the opposite, when grz says exactly what they are saying, they change… Vipuba!
What offence did Chirwa commit? He was a shareholder of Clavel and it was the best to train ZR employees. Did he hide that he was shareholder? Did he submit the company docs of Clavel? Was Clavel awarded the contract? Who got Chirwa into Fallsway is it govt or ZR or himself? Did Fallsway inflate the bill for Chirwa? Was he the only one at Fallsway under govt? Was it that he was a threat to some people may be political or professional??????
PF’s only hope is to have a mad man at the helm and Sata fits the bill very well. I mean how do you have government getting an injunction against itself? If the man at the helm was not mad, he could have fired a number of the people advising him long time ago. The continued stay of Lombe is no doubt not going very well in the judiciary. Sata will continue being embarrassed if he continues with her. Kaya ndithu, Zambia ipita kuti?
@(1.10) avundula your advice is good, but the current Govt. is not like the Israeli one that had love for their own. The current Mafia Govt by Sata and his friends the so called A team are dangerous not only to the nation but to themselves also. So there is a sense of fear not only in the diaspora but inside Zambia too. This is very retrogressive on the part of this one man(SATA) party (PF) his lieutenants behave like frightened hyenas being shouted at like primary school kids and they sit there hoping that their god will be merciful and spare their bread bowl, the chieftainship in Zambia is under siege. You may think it is just the Shilubemba. Going by the character of this Govt where people have been followed to the US then you are dealing with a dangerous lot that rode to power on lies
This leaves some of us rather confused. Did Dr. Chirwa do anything or not? If he was fired for a just cause, should the state not continue from there, and proceed with prosecution? If the state has no case, should Dr.Chirwa then not continue with his duties? All this stinks of “SH1T under the carpet.
The Japanese Railway System was transformed by a native Japanese (Masuru Inoue) trained in UK. Chirwa wanted to do the same for Zambia, yet he failed. The question is ‘Is there a fundamental difference between Zambia and Japan’? What made Masuru succeed while Chirwa failed?…