Former Minister Maxwell Mwale sentenced to 12 months in jail with hard labour

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Maxwell Mwale at the Magistrate Court this morning
Maxwell Mwale at the Magistrate Court this morning

Former Mines Minister Maxwell Mwale has been sentenced to 12 months in imprisonment with hard labour for abuse of authority of office.

Magistrate Lameck Mwale sentenced the former Member of Parliament for Malambo to a year in jail but ordered that 5,000 bicycles worth over K1.5 million suspected to be proceeds of crime confiscated by the state be returned to him since he was not convicted on that offence.

He said Mwale abused his authority of office by facilitating the issuance of mining licences to a Chinese firm.

The court had 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).

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.

Magistrate Mwale said the former Minister should serve time in jail as a way of deterring other public officials from abusing their offices.

He observed that cases of abuse of office authority are now becoming rampant hence the need to deal with them.

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38 COMMENTS

  1. We say knowledge is power, but in Zambia power is power. why did this case wait till he lost power?? Zambian justice system is really crippled..

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    • The case was started by the new government, having been discovered during the elections, when it was noticed that his expenditure on the elections was atrocious.

      And by the way it’s only his party that lost power, as he remained a member of parliament at the time the case was glinting on. In fact this was part of the case leading to him losing the parliamentary seat….

      But you have a hidden point. If MMD was still in power he would have not seen the courtroom, and if he had, the case would most likely have been thrown out. Although I must add that we have seen the sitting govt losing many cases in the PF era, so maybe our Judiciary is slowly turning right after all.

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    • All leaders must conduct and govern themselves in accordance with the law during their tenure or they will face the full wrath of the law.

      This is a sad development by i have no sympathy for any leader who intentionally, willingly and knowingly abuses our trust

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    • This is the reason RB wants DPP out…Mwale becomes the next after Masumba, Mpombo, Muteteka all from MMD to be incarcerated for criminal activity.

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    • He is innocent for me
      Free Mwale

      Rainbow will ensure people are not persecuted with suspicious justice and having RB walk freedom when he has done far worse crimes

      The rainbow is coming

      Say No to mediocrity and induced reciprocity

      Thanks
      BB2014

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  2. I agree with the magistrate he has sent a good messae to office holders not to abuse their office power just because they are in office today. Tomoro you will pay for the crime of today.

    Viva justice system, jail should not be for the poor alone. no.

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  3. This is well deserved. Mwale behaved like a power hungry kaponya. A year in Chimbokaila should tone him down so that he can have a clear perspective about life.

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    • RB must certainly be jailed, he commited more corruption and public thefts that any other president. Let the law take its course wheter he helped us in EP

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  4. CRAP Zambian legal system even SATA and Chiluba should be jailed even they have gone before us.

    What is Mutembo Nchito and Membe still walking freely when we all know the DBZ crimes they committed?

    Why is RB given immunity when he was involved in Oil deals with his son?

    Why is Edgar Lungu still the President when he was suspended by Law association of Zambia for abuse of his office when he representing his clients.

    come Zambians wake up and stop being Silly, stupid and childish.

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    • Suspensions are never for life, unless a ban. It is possible to be banned for life in some institutions.

      But once a Suspension is lifted or after one serves their sentence (punishment), including jail term, they become free to participate in normal life once again. And convictions have expiry dates, depending on what the ex convict wishes to engage in.

      In certain cases after 5 years e.g in the case of bankruptcy, or 10 years in the case of criminal convictions of serious nature. E.g. Miyanda is an ex-convict but free to stand for Presidence after receiving Presidential pardon despite having been imprisoned for life.

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    • #5 Mweo… Please understand issues before you look silly , childish and stupid yourself.
      1. Mutembo and Mmembe borrowed money from form DBZ legitimately and run a legit business…. and failed. All over the world business fail after a loan …. and file for bankruptcy and not got to jail.

      2. What immunity RB was stripped by parliament.

      3.Edgar was suspended from the Bar and not convicted by the courts …how do you know he is guilty…

      Wake up and think before you post nonsense and call us stupid !!

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    • And you insist on educated people in public office. Or as you say that because HH is rich he can’t steal, Ati because HH is educated he can make a good blah, blah, blah…!

      Integrity and Morality are not taught in school. They may try to teach ethics, but all they end up dispensing are the principles. Ethical behaviour is learnt in the home!!! So poseniko amano kubana mulekusha…. Be careful what examples you show to your kids, bring them up in the way they should go, and when they grow up they will not depart Prov 22:6.

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    • By the way, I’m not saying we don’t need educated people, all I’m saying is that education is not necessary paper qualifications. The lessons of life learnt from the community are just as important.

      We have a tendency of looking down on those who have humble qualifications and extol those with a chain of certificates (BA, MBa, PhD, Etc). Yet from time to time some of these have shown no wisdom despite their great learning.

      On the other hand we have lots of examples of people with humble qualifications who have served excellently e.g. KK, with all his faults (And who has no faults? Only he who does nothing!)

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  5. Thats why we need our great DPP Mutembo Nchito to continue so that pipo like the corrupt RB can also be jailed.

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  6. One Mwale (a magistrate) jailing another Mwale…. tizakamba bwanji kwa mfumu kumuzi? However, the proceeds from the sell of the 5000 bicycles should cover legal costs, including appealing to the high court and still leave you with enough for the extended family, kwatha!

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  7. But Justice has not been done!

    Wasn’t the Bicycles payment for the benefit received in the issuance of the License?

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  8. Mweo a Mwale mwa manga a Mwale koma mwe vyalika vumo imo! Sembe mwachitako chifundo. Ni mkwanu uyo! Lomba amalume nibauzye chinji…? kuti bana zaukilana kuno ku walale?

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  9. Mwana wabene Mvula, m’Kunda wamoyo sianga mangiwe teti yayi. Is there room for appeal? Koma lamulo la boma lati zunza seo aKunda ka. Well, Zambian laws are very selective and segregative to the core. We the people of Malambo have had no representation in parliament for years which in my opinion is constitutionally skewed. Could it be Sata’s astute perception of the people of Malambo now manifesting in this? Do we go to by-elections this year and again in the general election next? Is this the development we want? A Mwale namwe kulimvwa, lomba niye teti ka!

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  10. Ahaa, imwe a Lungu! Nichinji inchi? Sikuti uyu Mwale niwa kwasu kumawa? Mugamumange bwaji? Wako ni wako, umozi kumawa. Chitani bwino iyi nkhani. Tifunika kuti tigwilizane ise tekateka. Fusani a Rupiya aweluze.

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  11. No Case to answer for Henry Kapoko and Max Mwale goes to jail for issuing a mining license that can easily be revoked without any consequences to the public?

    I think the sentence is too harsh for a person who would have been issuing a license in order to speed up development.

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  12. Sometimes we issue licences for people who have pledged speedy development at lightning speed.

    I truly think that a suspended sentence would have been fair.

    This is nothing close to Kapoko’s cases. kapoko is now a free man because he knew Sata and helped PF.

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    • @Tutu

      He did not plead that there was urgency, in defence. If he did he would need to provide evidence for it. Clearly he is guilty.

      We should commend the judiciary for finding him so.

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  13. And that should stand as a warning to all pulic office holders. Frankly, there are many more suspected criminals such as Willie Nsanda and Co. I would encourage Lungu to continue with his stance of letting justice take its course.

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  14. Though I am so sorry for this Mwale yet I am happy the law has taken its course. This is what we want in Zambia where politician have to accountable. Well done. Let him rot there in jail. PF should learn from MMD coz we shall jail who ever shall be found wanting.

    Peace and Prosperity to Mother Zambia.

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  15. We commend the judiciary for finding him guilty and giving. Him an adequate sentence to warn others.

    His Excellency should not pardon him.

    It is sad he keeps the crime proceeds. Understandably that would have meant finding the Chinese Mining firm guilty too, I believe that is the reason Judiciary has not taken that decision, but investors are out of control in Zambia. They need to pay tax AND NOT become partners in crime with officials.

    Where it is good stance it failed to be strongest in deterring future acts, which should be the objective of shaking down gov”t officials in abuse of office. You cannot keep proceeds of crime. The public must also receive restitution, by being paid back for the wrong against us by our gov’t representatives.

    His Honour, Judge Mwale…

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    • His Honour, Judge Mwale is highly commended. His ruling proves Tribal politics do not influence Judiciary. It must have been tough sentencing another Mwale in this way, but Judges’ duty to the public was supreme on judgement. We thank you.

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  16. “Hard Labour” – that is primitive. It’s high time Zambia moved with the modern world – hard labour is ancient and uncivilised.

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  17. The one case we are waiting for is Rupiah’s. Why is it taking so long to conclude? He is now manipulating everybody including the clueless president.

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    • Just shut-up iwe – instead of worrying about why Kapoko, Masebo, GBM, Kabimba, etc. should not be arrested on corruption charges you worry about RB. RB-perceived cases are not going anywhere – get over it.

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  18. RB should and will be jailed, he was too corrupt. Within just 3 yrs he amassed so much wealth together with his grand daughter ka Thandi and his sons. The law will take its course, especially that Nigerian oil deal. He will certainly go down, he is a criminal. He treated this Country like his farm, with his family. It was navionelanji, very greedy and not wanting to suffer again at his undeveloped farm and hence the looting and amassing. RB will be jailed no matter what

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Comments are closed.