Tuesday, June 25, 2024

ACC appeals to the High Court against the sentence handed down to Nevers Mumba.

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Dr Nevers Mumba in court before he was convicted and sentenced
Dr Nevers Mumba in court before he was convicted and sentenced
The Anti-Corruption Commission has appealed to the High Court against the sentence handed down to former Zambian High Commissioner to Canada Nevers Mumba.

The appeal follows the conviction of Dr. Mumba by the Magistrates Court on the two counts of abuse of authority of office and handed down an absolute discharge.

Dr. Mumba was arrested by the Anti-Corruption Commission and charged with one count of failure to follow procedure contrary to the laws of Zambia and was acquitted on this count.

The Commission has contended that the Magistrate Court erred at law when it made an order of absolutely discharging Dr. Mumba for misdemeanors when the law has provided for a punishment.

The Commission says the Court’s decision was contrary to the Laws of Zambia.

Further, the Commission has submitted that section 38 provides a punishment for a misdemeanor which is either imprisonment not exceeding two years or a fine or both.

This is contained in statement made available to ZNBC News by Anti-Corruption Commission Public Relations Manager Timothy Moono.

On September 12, 2018, Ndola High Court Registrar Joshua Banda who sat as Lusaka Magistrate discharged Dr. MUMBA after finding him guilty on two offences of abuse of authority of office contrary to the laws of Zambia.

50 COMMENTS

  1. The rich and famous are always given questionable judgements. Only the judgement of Gid will he fair. The rest is on nepotism and favouritism. I wish there was a law that punishes magistrates and judges for making wrong judgements. For Nevers Mumba even a dog can laugh

    • What will they gain from jailing Nevers Mumba? He will not be republican president. In-fact he costed HH so many votes.
      Pastor Mumba is not a factor, let him be freeee… Mumba shall be saved!!

    • Mwape my English is befitting of my level.

      The ‘ grammar’ you mention is something I would love to know about it from you.

      Yes my grammar is fine whilst we are at it.

      I holda PhD

      Thanks

      BB2014,2016

    • Grammar is spot on!

      The brain, however, is another matter.

      Persons of interest must include Kambwili, Kaiser, Chanda (a few of them), and yours truly Lung-Wu.

      This Nevers Mumba persecution is unwarranted.

      He did not steal money, unlike others.

    • The ‘ grammar’ you mention is something I would love to know about it from you.

      Yes my grammar is fine whilst we are at it.

      I holda PhD
      This could do with alot of editing and polishing up by a grade seven pupil from Matero Primary School and not a PHD holder .

    • I feel for this man. No case small or big should be overlooked. Precedence must be set. There is a lot of double standards by comments on this story so far. If we can’t punish for the small cases. What about the big ones.

    • But why the ACC won’t go after the big fish and instead going after the small fish? Corrupt Lungu has stolen far more than Nevers. So go after Lungu too, if you want us to take you seriously.

    • These chaps are useless. Go and arrest criminals who have stolen funds for the blind, orphans and the widows. Leave Nevers alone !!!! Nevers did not approve purchase of fire tenders, or construction of any road through which funds have been corruptly lost.

    • Mushota these are similar PhD’s as those of people like Kambwili and yes you grammar is befitting your level. Ba Mushota kabiyeni uko naimwe!

  2. It is the right thing to do. How else can you motivate the ACC for the work done if the convicted are not sentenced? From the look of things, judges in Zambia are more sympathetic to people with money and those of influence in society. Equal law for all must prevail.

  3. It seems Nervous Mumba is very well connected in the Zambian Judiciary, he gets very questionable judgments. This is what people mean when they say the judiciary is rotten. What was the conscious of the Magistrate when he pronounced a complete discharge? And when we talk about these things they threaten to cite us for contempt. What’s worrying is that these people have even stopped fearing the wrath of God. It’s impunity par excellent

    • Imagine sure.

      He must have sanctioned this persecution.

      No big fish in Zambia gets arrested or jailed without the say so of Lung-Wu.

  4. Everyone is questioning court judgments including those who are supposed to be on the same side. Why is Mwanamwambwa & Co vexed about questioning judgement in one particular case?

  5. Now this ACC is so selective. If Nevers Mumba was a serving senior government official they wouldn’t have dared to appeal. Let them(ACC) take the same action on serving government officials who have been cited in the Auditor General’s report. Or else they should leave Nevers Mumba. No double standards here

  6. Fully supported ACC, the absolute discharge was incoherent, defied logic, was utter rub.bish and an embarrassment for the learned men of the judiciary. Pursue the idoit to the end until he sees the inside of gaol.
    And we need to send the correct signals to current and future thieves, both ruling thieves and opposition thieves.

  7. The same you will be done when you leave power you morons. He was discharged alas, since he is opposition, he will have to face the music. The likes of Mr. Nkandu Luo and Mwanakatwe are still holding to their seats despite being nullified. Double standards being applied.There serious cases of corruption going on unabated and yet the ACC wants to waste time on this misdemeanor. It had to take Lungu to tell the ACC to start investigating the SCT saga which has been reported numerous times in the past one year. This is a toothless organization devoid of sanity. You might as well disband you Muppets.

    • Warped thinking. So Nevers should be left alone just because you suspect other people of doing the same. In my language we say “Kabolala ni paKuboko “. Nevers has been found guilty by a legitimate court of law while your enemies have nothing proved against them. Only until you bring them to court and found with a case should you “celebrate “.

  8. The ACC has a right to appeal the sentence. you people barking about 22 wheel barrows, the real thief etc open a case. Your person (Never Mumba) was given an improper sentence when there is a prescribed one.

  9. But ba under 5 bloggers here you surprise. You should be supporting this decision. The ACC want a person found guilty of abusing his office to be punished, thats all. So if you claim that pf official are abusing their power then sending Mumba to jail will serve as preceedence. Law is about preceedence. Even hh should have been long been in jail for abusing his office by buying all the companies he was supposed to value so the privatization agency could sale. HH matter should have set precedence long time ago

    • Even Lungu and his groupies should be brought to book.

      You think his small salary is enough to start building mansions everywhere?

      And why is Kambwili still roaming the streets?

    • Actually they criticized the magistrate for not sending Pastor Mumba to jail instead of giving him that absolute discharge. You wonder whether they actually know what they want. Reminds me of the Beatles song which went “I say yes, you say no, I say no you say no…..” Probably they suffer from indecisiveness. Time to see a doctor.

    • Oh I nearly forgot. When that magistrate gave that inexcusable explanation my friends from Upnd went into a frenzy accusing everyone that a deal was made where by Pastor Mumba would be released and later join the PF. Oh what a life. ..a life of delusions. …where you want everything to suit in with your wishes.

  10. Use—less – institution called ACC.Trying to apeal?Are they normal or they are mad?Why can’t they concetrate in fishing out these civil servants stealing money.These chaps called ACC should be canned one by one.It should be disbanded and empower Auditor general.

  11. He who has eyes to see let dem see and he who has ears to hear let them hear what the prophet of the land is saying…… says Joseph Hills (Culture) R.I.P jah guide

  12. An improper sentence can be appealed. What law allows for one to be found guilty and at the same time be discharged? The proper position at law is that once you convict you must sentence even if it be a suspended sentence….but to find one guilty as charged and then to ‘discharge’ them is like an acquittal…..

  13. On one hand it’s about the crime he did. On the other hand it’s about disqualifying him from being the leader for the so called Run Away MMD. This is were politics comes into play. !!!!

    Mumba was pompous from word go when he was recalled from Canada. He kept denying, that he was innocent. When deep down he was guilty.

    • Sometimes I wonder if we shall ever find honest people to lead Zambia. Because by their shifting type of behavior, the Upnd is not better than the PF. ..it’s a matter of the devil you know.

    • Difference is Nevers got caught!
      If one cannot do the time, DON’T DO THE CRIME, or as they say, If you can’t stand the heat, PLEASE GET OUT OF THE KITCHEN PRONTO!!

  14. NEVERS, THE MAN OF GOLD.
    Apa peve boma iyanganepo!
    Kawalala Nevers Mumba should be waking up every morning, to boiled beans & sandy porridge for his breakfast. This should then be followed by daily hard labour, & ploughing, in (ndende -chifungo /Prison) for the next few years.
    Prison is full of poor struggling citizens, who were genuinely hungry, stole a Chicken, bag of Kapenta or Roller meal to feed the family, & were locked up for long, when GREEDY Nevers who was NOT even starving or struggling, greedily decided to engage in Criminality, unthankful Katiyo Mbava iwe!!

  15. Insult Dr Nevers Mumba all you can, but remember he loves you.Just for the record there was no case aganest Dr Nevers Mumba to begin with. The prosecution did not show how Rv Dr Nevers Mumba unlawfully benefited from singing those maintenance contracts,which is what the abuse of office/ authority is all about,that the officer so charged, gained some pecuniary advantage or profited from unlawfully use of his office. As a matter of fact the Ottawa mission at which DR NEVERS MUMBA served was on one of the seven Zambian missions that were completely cleared by the office of the Auditor General in 2010/2011 report. The Irony how ever is that political prosecution commenced and continues through this appeal. How ever Dr Nevers Mumba remains unshaken. Zambia shall be saved. shalom Shalom.

  16. The respected law professor PLO Lumumba while addressing the Nigerian senate said that and I quote” Africa is a place where small thieves are jailed and the big ones are celebrated and elected into public office” end of quote. A case with ACC. Those who are stealing mukula tree are left Scot free while the petty ones are chased around. The enthusiasm you are showing chasing petty thieves should even be more when it comes to chasing the big thieves, which is not the case. That is what people are complaining about

  17. Sharon this topic has got nothing to do with HH what’s wrong with you every time you want to attract attention for nothing.

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