Former Movement for Multi-Party Democracy (MMD) Malambo Member of Parliament Maxwell Mwale
Former Movement for Multi-Party Democracy (MMD) Malambo Member of Parliament Maxwell Mwale

FORMER Minister of Mines and Minerals Development Maxwell Mwale has been convicted by the Lusaka Magistrate’s Court for abuse of authority of office by facilitating the issuance of mining licences to a Chinese firm.

Magistrate Lameck Mwale, who has deferred sentencing to tomorrow, has, however, acquitted Mwale of the second account of being in possession of 5,000 bicycles worth over K1.5 million suspected to be proceeds of crime.

The court has also acquitted Zhongui International Mining Industry Group Limited, which was charged with corrupt clearance of 5,000 bicycles for Mwale and paying K473,000 to the Zambia Revenue Authority (ZRA).

Delivering a judgment yesterday, Magistrate Mwale said Mwale abused his authority of office when he interfered in the issuance of mining licences to Zhongui International Mining Industry Group Limited.

“The lightning speed at which the mining licences were been processed by accused number one [Mwale] shows that he had personal interest in the acts and this is an indication enough that he abused his authority of office.

“This has left me with no reasonable doubt but to find accused number one [Mwale] guilty in count one and convict him accordingly,” Mr Mwale said.

He said there was no justifiable reason to depart from the law in issuing mining licences even though the world was experiencing an economic crisis.

Mr Mwale, in acquitting Mwale, said the prosecution failed to prove that the accused was involved in the importation of the bicycles.

In mitigation, Mwale’s lawyer Sakwiba Sikota said the court should consider giving him a non-custodial or a suspended sentence because he was remorseful and a family man.

Mr Sikota said the conviction of Mwale has ended his public and political career and has also closed his doors to other employment opportunities.

He said Mwale is currently looking after an aged and bedridden mother-in-law and is a breadwinner of both the nuclear and extended family.

Mwale allegedly abused the authority of his office by facilitating the issuance of mining licences to Zhongui International Mining Industry Group Limited and its related companies.

The alleged offence was committed between May 1, 2009 and August 31, 2011.
He is also alleged to have imported and retained 5,000 bicycles valued at K1.5 million suspected to be proceeds of crime.

The offence was allegedly committed on an unknown date but between July 1 and August 31, 2011.

Mines minister Maxwell Mwale hugs investors in the mining sector
FILE: Mines minister Maxwell Mwale hugs investors in the mining sector
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40 COMMENTS

    • Why is it that abuse of office offences are only issues and noticed when the abuser is out of office?

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    • Looking after a bed-ridden mother in law naimwe Ba Sakwiba…really? You should have left that one out. You are making him look like one P.S who cried saying am an orphan..at almost 50 yrs old. Lol. Mundende bantu sibafunamo.
      Suspended sentence = slap on the wrist.

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    • The bicycles belonged to the Chief Mambala’s 2011 elections. Does this wake up some people from slumber?

      Well, those with great memories can remember the Dora Siliya saga of motorbikes. Dora was caught with over 25 motorcycles but RB nosedived in to help & rescued her from facing justice. They lied to the primitive & sheepish ones that the motorbikes belonged to a certain NGO. That’s how Dora escaped her way to Chimbokaila. Even the radar system at KKIA, everything was swept under the carpet.
      If Mwale is guilty, then the verdict stands, even though this is selective justice.

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    • 20 times more follow this guy once PF is out . Mark my words. PF officials have created law cases that will haunt them once they get out of power. Because the next government will just rely on PF ‘s case law to convict many PF cadres, starting from RDA in statehouse in which Lungu will be an accomplice because of massive corruption operating his back yard.

      Mwale is being punished for defecting to UPND. If he had backed RB in the election for Lungu. This case would have been shelved until 2016.

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    • what about the lawyer zack muya is he free to go or is he part of the fight to remove nchito so he is not prosecuted?

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    • Mojo, lightning speed is a reference on how mwale acted swiftly to grant the mining licence. Not when the offence was committed. When they said between May 2009 and August 2011, they don’t reckon the exact date. Personal interest are failing development cos these people get bribes to speed up processing documents.. I hope this info is helpful to u.

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  1. What people say during mitigation is what they should have taken into consideration before committing the crime.

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    • muntu ama tekanya inga pali che afuna…when committing the crime, they were very happy doing it. and i have to point out to the blogger above that i agree, why are these crimes known about or punished after one leaves office..this is a sign of weakness and a crippled justice system

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  2. No one z abve de law under ths planet earth politicians thnk ar clver wen ar in offices.Mwale shud go 2 chmbkila if possble so dat he feels othr law brkers ar feelng

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    • @6 BIRDS OF THE SAME FEATHERS…

      “Mr Sikota said the conviction of Mwale has ended his public and political career and has also closed his doors to other employment opportunities.”

      5000 BICYCLES SHOULD START UP HIS BUSINESS CAREER.
      SINCE EVERY ZAMBIAN IS IN AN EXTENDED FAMILY AND BY VIRTUE OF THAT LOOKS AFTER SOME FAMILY MEMBERS, ACCORDING TO SAKWIBA ALL ZAMBIANS ARE NOT SUPPOSED TO BE CONVICTED OF ABUSES OF OFFICE AND OTHERS.

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    • Yes because HH is another Lazo who store from poor zambians and made a lot of millions from privatization but he sealed his loop holes but God will not allow him to get close to the instruments of power. The bible says the reward of sin is death and HH will die if he does not repent for his thieving activities during the early 1990’s.

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  3. This case should have come while he was still in office.Anyway , a lesson to others.Ifwe nifino fine kuloleshafye

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  4. Maxwel Mwale made a wrong political move by joining UPND!!if you have cases in court,then you must be in good terms with a ruling party.we’re in africa baba!!!look at Stephen Masumba?he is still PF MP despite being ex-convict!!!people like Dora Siliya,Kapembwa Simbao will be back as MPs since they’re in good terms with PF!!!this Mwale will be jailed on friday,ending his political career,shame!!!

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  5. thats why we ask our politicians to support institutions looking after the vulnerables in the community such as mr mwales in-law.you see now mwayamba ku lila.

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  6. “Osatengela lamulo mumanja uzavutana na boma…..osatengela lamulo munanja uzalimbana na koti” – General Kanene

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  7. mwale made a mistake of joining UPND when he new that he had cases befor the courts he could have joined PF and whet for his aqulto befor leavng.

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  8. When you point an accusing finger at another man always remember the other three fingers are pointing at you = 3 times corrupt.

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  9. just because hes upnd and Sakwiba is a pro RB so apa am not surprised.
    Maxwell Mwale is UPND
    Sakwiba hates UPND
    Sakwiba is pro RB

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  10. He did what he did because almost all in that goverment did the same.Follow the leader and himself wants his case crushed.Late Sata must be disappointed with EL.

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  11. Its always the same story,no matter who is on they are all there for the same purpose(I MUST GET MY POCKET FULL)very sad!!!!!!

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  12. The very people fighting corruption are the ones who are very corrupt and you think corruption one day will come to an end. Only if we remove those so call old politician who in the name on saving our country lie and steal from this country. Our country are developing because people who are corrupt are being prosecuted well there in there office not when they have left or are not in good term with the law enforcer.
    yes!

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  13. Let him get in if he was on the wrong side of the law…ati kufipa bati aMwale like twelve moonless rainy nights!…malabishi! Say hi to General Kanene.

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  14. HH supporters are convicts- Andrew Banda, Katele Kalumba, Maxwell Mwale.
    EL supporters are just suspects so far.

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  15. Bitter Alibe Nzelu disgusting piece of … with nothing positive to say about his country. Your choice will never be voted in because you show and reflect their colours.

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  16. I have no kind words for thieves. Let him rot in jail as his wife shall look after her mother. Thank you very much.

    Peace and Prosperity to Mother Zambia.

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  17. You talk and say about the possibles. If i were you i would praise all these guys like Mwale, these are men who fear nothing apart from GOD. Never rejoice over Mwale’s conviction. Mwale will be coming out of the Chimbokaila late next year when things are stabilized , MARK my WORD. As for you who are cowards remain suffeering because there is nothing for you on this planet, it is only the courageous who prosper. You are good at insulting people behind these medias for you feel protected. It takes those who accept risks to prosper . Come out in the open, do not insult behind doors. HH you are insulting on daily basis he is stinking rich and has taken his risks, while you wallop in poverty. EL very soon will be stining rich because he has taken his risks, but you cowards will continue dying.

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