Tuesday, May 21, 2024

State amends Former President Rupiah Banda’s corruption indictment

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Chinese Vice Premier Hui Liangyu President Banda
File: President Rupiah Banda with Vice Premier of the People’s Republic of China Hui Liangyu during a ground breaking ceremony of the new Lusaka Stadium at the Independence Stadium site.

The State has amended the indictment in a matter in which former republican President Rupiah Banda is facing charges of corrupt practices by Public officer and concealing gratification of 10 motor vehicles from a Chinese company.

The case in which former president Rupiah Banda was charged with theft of motor vehicles took a new twist today when the Chinese who were supposed to be key witnesses refused to testify against him.

When the matter come up for trial this morning before magistrate Obster Musukwa, the Chinese national representing the company that built Mwanawasa Stadium took to the witness box to testify against the former Head of State on behalf of Mutembo Nchito representing the State.

But when asked to testify, the Chinese national shocked the packed court room when he said he has nothing to testify against Mr. Banda as there was no corruption that happened.

This prompted Mutembo to apply that the Chinese national now also be jointly charged together with Mr. Banda for theft of motor vehicles.

Particulars of the offence are that SOGECOA Zambia and SOGECAO Construction and Engineering Investments Limited companies which are subsidiaries of ANHUI Foreign Economic Construction Company of China, a company that had dealings with the government of Zambia to do various public works, on dates unknown but between the 1st January 2011 and 30th August 2011 in Lusaka District of Lusaka Province of Zambia jointly and whilst acting together with other unknown persons did corruptly give 10 motors vehicles valued at 180, 000 US Dollars to Mr. Rupiah Banda being a person holding and performing functions of President of the Republic of Zambia as gratification in return for his favorable treatment of the two companies in their dealings with the government of Zambia.

The 10 vehicles include six Mitsubishi canters, one Hino Ranger, one Fuso fighter and two Toyota Toyoace.

And in the other counts the DPP has sanctioned the prosecution of Mr. Banda for Corrupt practices by a Public Officer contrary to Section 19 (1) as read with Section 40 of the Anti-Corruption Act No. 38 of 2010 and Concealing gratification contrary to section 36 of the Anti-Corruption Act No. 38 of 2010.

The Particulars of the first count are that Mr. Banda on dates unknown but between 1st January 2011 and 30th August 2011 in Lusaka District of Lusaka Province of Zambia, being a person holding and performing the functions of President of Zambia did corruptly receive six Mitsubishi canters, one Hino Ranger, one Fuso fighter and two Toyota Toyoace valued at 180, 000 US Dollars as gratification from SOGECOA Zambia and SOGECAO Construction and Engineering Investments Limited, the two companies that had dealings with the Zambia government and that the gratification was an inducement for him in return for his favorable treatment of the two companies in their dealings with the Zambian government.

Particular of the second count are that Mr. Banda on dates unknown but between 1st January and 30th of August in Lusaka District of Lusaka Province of Zambia did receive the said vehicles in count one as gratification and concealed the receipt of the said motor vehicles by having them registered in the names of James Banda, Verecy Lute Banda and Kelvin Sampa.

The amended indictment dated November 20th 2013 and signed by the Director of Public Prosecutions Mutembo Nchito and obtained by Qfm today has since been submitted to the Lusaka Magistrate Court.

The matter has since been adjourned to 28th November for plea.

Source:[ QFM,ZWD ]

64 COMMENTS

  1. What a bunch of jokers the PF government is! Leave RB alone..He was more man than Sata and a better leader 100times over.Now you want to persecute the investors who built our stadium. Anyway all it will take is the Chinese to summon Sata to a dinner and all this will blow over.Even Sata knows where his bread is buttered.

    • Mushota, right where you are in the UK, old men marry young ladies. Age difference is not an issue but love between the two. What is the age difference between you and your husband if at all you are married?*

    • Ka Mushota shut up!! Age is nothing.. even our current president is 30+ years older than the first lady and it doesn’t bother anyone. You useless pig!

    • Mushota did you kill your baby.? Or have an abortion

      Last year you posted a block saying that you were expecting a baby with Nick.

      It can be concluded that Nick has just been an imagination in your head. Too often you contradict yourself about this imaginary relationship with a white. Are you just chasing a dream to find a white man in your life.

      I don’t know so much about Thandiwe, but marrying RB at the age of 32yrs, she knew what she was doing, she was not a kid. Maybe God meant it that one day she will be a first lady

    • Quick, thinking by the DPP.

      If we nee to tackle corruption we must resolute as we are faced with monsters like Rupiah who oiled the little yellow guy to turn hostile witness.

      Now that he has also been added to the indictment as defendant makes it more interesting.

      Good job DPP

    • Another collapsing case. If the Chinese firm did not report the vehicles stolen then who is the complainant in the case? How can have stolen from himself? The person who should be on trial is Kelvin Sampa, who solicited for the vehicles using RB’s name.

    • @gen.
      it makes mare interesting since you brought china on dispute. The man will say the motor vehicle were given to RB to help himself run his farm. or on a loan basis.

    • The question is whose vehicles were they? If the owners says there was no corruption and the vehicles were the Chinese company what is there to prosecute? These were not even brand new vehicles and does the Government want the Chinese to go back with worn out vehicles? And maybe these vehicles would not even have passed the required condition to be imported back into China. Leave the old man alone and deal with me

    • And the DPP amends……… I think the heading should be, and please look deeper into this and find more Mr. Nchito. These guys went on looting campaign soon after Mwanawasa’s passing, so don’t be in a rush, but hurry and investigate each one of them, all who saved in RB’s 3 year reign of corruption, it’s not a long time, we know how each one of them came in at the helm and how they came out and for a public officer, it shouldn’t hard. Had been Sata then who had won, one can only imagine where we could have been with all this infrastructure we are witnessing now. Please Arrest them.

  2. Mutembo all the time is able to manufacture a case……conduct likely to cause death to a PF cadre, conduct likeyl to cause injury to Kamoti, conduct likely to cause breach of peace at a road block by PF cadres so on and so forth…..

    • How far is that case of a boy who was killed by cadres? we have witness. Just arrest KIMOKI and charge with with murder case, the man himself will in turn offer as a key witness and name all the chaps who actually killed that boy

  3. What of if the chinees N testifies against RB. There is no case here. DPP is a waste of time. How many witnesses will he bring?

  4. This Nchito is an i.diot! its like hes on a fishing expedition,all the witnesses he brought to court never testified against RB,stop wasting our time and resources you useless f.ool and send Chikopa back to Malawi! Were Nchito and Kabimba classmates in the school of law at UNZA??

    • they were in the bottom meniscus of the class. DPP should outline his achievements this far… is he performing? his track record appears to be full of Acquittals, Amendments, Nolle Prosequi etc we are tired

    • Kabimba had practiced law for at least 4 years b4 Mutembo entered law school. Mutembo is still just basking in the glory of having helped expose late FJT’s alleged corruption. Mutembo is a good lawyer who unfortunately has taken on a political agenda to fix RB over the ZA loans debacle. For as long as his agenda remains political he is headed for FAILURE.

  5. Amend a case,in the first place did they hurry to start these cases based on hearsay.we. The Zambian taxpayers will end up paying rb lawyers and some compensation,pf will do this in secret,nchito is just trying to fix Rb.no case here.

  6. six Mitsubishi canters, one Hino Ranger, one Fuso fighter and two Toyota Toyoace do not equate to the 33 billion Kwacha that you and Fred Membe fraudulently got as loan from DBZ and have failed to pay back

  7. WHAT CONSTITUTES CORRUPTION IN CHINA?

    1. “The motor vehicles were registered in the names of James Banda, Verecy Lute Banda and Kelvin Sampa, all of whom were relatives of the former Zambian President, Mr Rupiah Banda”

    2. Kitwe, Zambia. A police chief of the Copperbelt region of Zambia has been suspended for corruption. Ms Tembo is alleged to have converted the motor vehicle which was donated by well-wishers to personal use without declaring the property”

    • kelvin sampa conned these chinese iwe chikkalah and did all the dung without progressive RB knowing.so despise that conman called kelvin sampa and leave out RB tombah nokoh intombelela

    • So if Mulenga Sata steals would it be right to arrest the father instead? If the vehicles were in the names of the three then those are the people, who should be on trial. Why should RB pay for James’s sins? Kelvin Sampa is a fraudster and known to frame people for his personal gain. But like they say, “every thief has his day.” When the long arm of the law catches up with him, he will be locked away for a very longtime. Watch this space.

  8. dear bloggers,please ignore this so called mushota,dont comment on anything she says,just completely ignore her or him and it will disappear,

  9. PEOPLE LETS COMPLETELY IGNORE THIS MUSHOTA,ITS A WASTE OF TIME COMMENTING ON HER COMMENTS,I DISCOVERED LUSAKA TIMES 5YEARS AGO AND THIS KA MUSHOTA HAS ALWAYS BEN TALKING ABOUT UK AND COMMENTING NEGATIVE,HAS IT GOT ANYTHING ELSE TO DO?THE BEST WAY IS TO COMPLETELY IGNORE THIS DOG AND IT WILL DESAPEAR

  10. Mushota! old women injure. so hence young women abali na Menshi. chinshi ninga la lashila apali kwati muli amaloba. nabakashana epo bali.

  11. Mr Mutembo, you are there just for a season, hence be professional in your work, because tomorrow it will be you.The bible says do unto others as you want them do unto you. Luke 6 v31

  12. It’s to order a trial of the DPP. DPP and Justice Minister have one thing in common -losing cases and just accolades for nothing…..SC WHO HAS NEVER WON A CASE THAT’S COMIC.

  13. If the state has no material evidence, RB cases should be dismissed. Also Clive Chirwa’s cases should dismissed. Wasting time & tax payers money. Incompetency of the state in handling cases or hearsay info or fabricated cases from greed individuals. Better concentrate on productive cases where sufficient evidence exist beyond reasonable “hearsay”.

  14. Always the case when you witch hunt. Playing to the gallery to impress donors does not help. Let’s see how this will end!

  15. RB played his cards well with his co accused, nobody is willing to testify against him on serious issues! Only frustrated people like Kachingwe are testifying without much data! These cases were rushed to court and soon or later it will look like witch hunting on the part of the PF led govt. It’s a pity that Mutembo is also playing to the gallery of the politicians instead of advising them well!

  16. Shifting goal posts and changing the rules in the middle of the game shows the sate has no case against RB its just pure witch hunt.This is just bad governance.

  17. Kunena kwa ndithe ndithe, na dambwe anazitengera. Careless testifying, the Chinese national has become jointly charged with akulu mphuno kanitundila.

  18. CHINA, CORRUPTION AND CERTAIN DEATH! In China being convicted of corruption is synonymous with certain death. So, how can you expect a Chinese person walking into a court room to incriminate himself. These matters have international repercussions.

  19. Even if Alaa Beee is legally innocent, him, his sons and amake Mpundu appear a lot of issues mwe. It is James Banda this, Andrew Banda that, amake Mpundu this etc. Why can’t people just move to plot one without bringing the entire clan, these are adult sons who should have found their own feet, not using the old man who by chance became a president. Shaaaa!

  20. Remember we were told that the state had “overwhelming” evidence against RB. Where is this evidence so far? I don’t seem to see it.

  21. As long as the PF Govt continues to harass our beloved RB, the crack that divides the PF from the peoples of Eastern Province will also continue to grow much wider. Since the PF has also messed up its relations with the Bemba Chiefs, Sata may as well just seek for his political life from Chieftainess Nkomesha, the Soli and Sala peoples.

    May be Kabimba’s concept hidden political party’s idea of Zambia to exist under the Federal system may begin to make sense.
    It takes two fingers to pick up a louse.

  22. Tractors donated by Libya to Zambia in 2009 only had keys delivered today! They were donated under the Gaddafi regime…….diplomacy vs beauracracy!

  23. shame on you mutembo nchinto in few years you gona face the same music you are creating. stop playing the karioki one day you will dance to same tune you are creating.

  24. Nchito needs to be smart, you can’t force someone , and not forgetting a judge is seeing your desperate moves, Nchito you lied to the country that you had overwhelming evidence so far all your witnesses end up cracking in court. This is bad too many cases
    Being thrown away , law is a different animal you have to prove someone beyond doubt with good evidence not manufactured evidence like this, very shameful

  25. All of you haters, you can go and hang. RB IS INNOCENT AND HE WILL WALK HEAD TALL AND HIGH. All we need to do is fix that ka so called key witness. kelvin sampa is another useless witness. That ZICTA fella may have performed better. Kelvin Sampa will be demolished and RB will simply walk home. Kelvin sampa had too many girl friends and it these chaps who will give us the data.

  26. This is what you get when you put ill educated PF mafias and stupid villagers in power.Even the judge is scared for his job otherwise he’d throw out this worthless case asap.

  27. While visiting South Africa to see GBM’s long suffering wife, aka Ukwa CNP is invited for tea with Madiba. He asks Madiba what his leadership philosophy is. He says that, it is to surround himself with intelligent people. CNP asks how he knows if they’re intelligent.
    “I do so by asking them the right questions,” says Madiba. “Allow me to demonstrate.” CNP watches as Madiba phones Jacob Zuma and says, “Mr. President, please answer this question: your mother has a child, and your father has a child, and this child is not your brother or sister. Who is it?” Zuma immediately responds, “It’s me, Sir !”
    “Correct. Thank you and good-bye, sir,” says Madiba. He hangs up and says, “Did you get that, Mr. CNP?” Ukwa nods: “Yes Madiba.

  28. Zambians, Chinese people are very smart than you think and they are very good at what they do (manipulating other people) . They would not testify against what is in their best interest. I am not against our former President here.

  29. Ladies and Gentlemen, the problem here is not RB or Sata, but rather the President Of The Republic of Zambia. Too much power has been enshrined in one man that it is almost impossible for him NOT to be a dictator.

    Let us make sure the powers of the president are limited with the new constitution. It is the only way to eliminate corruption.

    A man is only as faithful as his options.

    #OneZambia

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