Former Minister Chituwo convicted

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File: Brian Chituwo and Dora Siliya

The Mumbwa Magistrate Court has convicted former Mumbwa Central Member of Parliament Dr. Brian Chituwo for failure to declare interest in a matter involving the disbursement of K70,000 Constituency Development Fund (CDF).

Mumbwa Resident Magistrate Honurable Sithole has convicted and sentenced Dr. Chituwo to one year imprisonment with hard labour suspended for two years.

Honurable Sithole has also ordered that Dr. Chituwo should pay back the K70,000 given to Blue Sky FM Limited or the equipment bought for the radio station be forfeited to the State, failure to which he will serve a jail sentence of one month.

This is in a matter in which the Anti-Corruption Commission arrested Chituwo on one count of conflict of interest contrary to Section 28(2) as read with Section 41 of the Anti- Corruption Act No. 3 of 2012.

In this matter it was alleged that on dates unknown but between 1st January, 2012 and 31st December, 2014 in Mumbwa District of Central Province, Dr Chituwo attended a Council meeting, and participated in the proceedings to fund Blue Sky FM Limited, a private company in which he was director and shareholder without declaring interest in writing.

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47 COMMENTS

  1. Is there a clean Politician? they don’t seem to learn from such… If the reporting is accurate, the sentence seems light in my view. Any way am not a judge, I could be biased.

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    • You are right, the sentence is too light. Such a violation of public trust deserves stiffer punishment.

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    • I am just speculating here since I am not Lawyer or claiming to know what this means. But I think the sentence means that he will not serve the 1-year jail time for as long as he stays out of trouble for two years. In other words, the dude ain’t going to jail…..a sweet deal right?

      No wonder scandalous behavior by our public servants (especially politicians) will NEVER end. Because this is no deterrent however way you want to look at it!

      Ba Lawyers, help us here please. Is my understanding/speculation correct?

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    • @nostradamus as an ex jerabo myself let me explain for you. Chituwo will not go to jail but if during the next one year he gets convicted again he will automatically serve the one year imprisonment apart from whatever he will be sentenced for the other offence. Wanvera?

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    • No this is very wrong. Brg Gen. Chituwo is a highly respectable and accomplished former Senior Army Physician. Him failing to declare interest is not something that warrants a one year sentence with hard labour for heaven’s sake. What about the hundreds of other policiticians be they Rupiah and the countless number of PF cadre contractors who have been given contracts under the table? This is not the way to do things I’m saddened! Leave Dr Chituwo alone!

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  2. LT, Don’t you a photo in which Dr. Chituwo by himself? Why show Dr. Chituwo in a photo with Dora? We don’t think like Childish. We are wiser than that.

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  3. In Zambia kuwaya wayafye. Convicted for one year with hard labor suspended for 2 years? Why do magistrates play with the Zambian public like this?

    Sithole a Zambian? My foot!

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    • What’s important is that because of the conviction Dr Chituwo will be excluded from participating in many things. This could include entry to countries where individuals sentenced to 12 or more months are not allowed.

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  4. Check the background of this judge. I am almost certain he is Zimbabwean that KK with his recklessness allowed in Zambia as a refugee and never went back. I remember the story of the UNIP National Chairman Isdor Mundungani also from Mumbwa. MMD caught him as a Zimbabwean who in fact did not even declare the change of citizenship. There’s no tribe in Zambia that has Sithole as the surname.

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    • There’s also a Times of Zambia editor who changed his name as soon as he returned to Zimbabwe after that country got its independence.

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    • We will give credit when Bowman is convicted for assault, Dora is convicted for corruption not convicting ma former ministers

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  5. Ba Chituwo naimwe, that was below the belt. K70,000? Ubucushi bubi to the extent that we don’t even know the value of money. What is or was K70’s value?
    @Pinto. Easy pal. You might be right but you may want to appreciate that ethnicity and citizenship were complicated by colonial boundaries which we have inherited. There are several overlaps especially in boarder areas but also across countries in East and Southern Africa. Thandiwe, Lindiwe, Siphiwe are in SA, Zim, Zam etc. Lerato or Lilato are in SA, Zam..Mwamba, Kalumba are in Zam, DRC, Parts of UGANDA and even Kenya.

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    • Yes! Teach these xenophobes that they are practicing xenophobia using the white man’s borders! It’s actually the same with religion foreigners came in and converted Africans to Islam and Christianity. The African moslems and Christians started fighting each other based on foreign beliefs

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  6. Sad he should have stuck to his medical profession now who will respect him is his own field, he has a criminal record now unless of course he appeals the ruling

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  7. These are the kind of charges kamwili should be answering to for geting government tenders while he was minister. And then when he is fired he says pf is corrupt. Him no suspended sentence, he should enter 3 years

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  8. He should have served jail time too. It’s nit fair to be jailing poor people only. The rich peddle corruption, knowingly that they would bribe their way out of jail. People may start thinking that the suspended jail time was solicited for. Hence the need for ACC to appeal the suspended jail time. Let him serve jail time too. Then the JCC is also urged to expedite on those that failed to declare interest and obstructed justice. We don’t appreciate selective justice, wher others are being convicted for the same crimes being committed by others in decission making positions. LAZ must also ensure that their lawyer who failed to declare interest and committed a conflict of interest in attempting to extort my UN benefit entitlements is arrested and criminally prosecuted. BOth LAZ and the DPP…

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  9. This is a lesson to the PF guys, when you leave office things won’t be while. Build more house outside Zambia otherwise you regret.

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  10. What a judgement!!!. The guy was convicted before trial and hence the 2 years sentence suspended for 2 years meaning no sentence. Playing with academics and people’s minds.
    What a disaster!

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  11. 1. LITERAL TRANSLATION : B C is a common thief.
    2 . PARAPHRASE – NOT STRICT TRANSLATION : B C is deceitful & dishonest.

    3. OPTIONS : REMORSE , REPENTANCE & REHABILITATION .

    GODSPEED DR. BC .

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