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Alba Iulia
Thursday, September 24, 2020

If the State is not ready for prosecution, dismiss the case, Dr Chilufya’s Lawyers tell the court

Headlines If the State is not ready for prosecution, dismiss the case, Dr...

Health Minister Chitalu Chilufya has requested the Lusaka Magistrates Court to dismiss his matter if the state is not ready for prosecution.

Dr Chilufya’s lawyers Tutwa Ngulube, Jonas Zimba and Francis Daka made the request after the state asked for an adjournment yesterday as they were not ready to proceed with the trial.

State Prosecutor Daniel Ngwira of the Anti -Corruption Commission (ACC) asked for an adjournment stating that he had already served the defence team with a notice.

However, defense lawyer Tutwa Ngulube interjected the application. Mr. Ngulube said the accused must be discharged if the state is not ready to prosecute, the matter.

This is in a matter where Dr Chilufya is charged with four counts of corrupt practices where has pleaded not guilty to four counts of possession of property suspected to be proceeds of crime involving US$252,000 and K3,270,000 which he allegedly used to purchase shares and properties in Zambia and Dubai.

In count one, it is alleged that Dr Chilufya on a date unknown but between December 1, 2016 and December 31, 2017 at Lusaka, possessed US$200,000 which was used to purchase 6,000 shares in Samfya Marines and Tourism Service Limited from Den Daas Investment Zambia Limited, property suspected to be proceeds of crime.

Count two alleges that Dr Chilufya on a date unknown but between January 1, 2017 and December 31, 2017 at Lusaka possessed K270,000 cash which was used to purchase 2,000 shares in Samfya Marines and and Tourism Services Limited from Leo Jonas Ngosa Investment Limited, property suspected of being proceeds of crime.

It is alleged in count three that Dr Chilufya on an unknown date but between January 1, 2018 and December 30, 2019 possessed K3,000,000 which was used to purchase Lot No. 365/366 also known as Spark Guest House situated in the Mansa district of Luapula Property, property reasonably suspected to be proceeds of crime.

In the fourth and last count, allegations are that Dr Chilufya on a date unknown but between January 1, 2017 and December 32, 2017 at Lusaka possessed US$52,000 which was used to purchase a passenger boat also known as Transport 32 from Smart Own FZE of Dubai in the United Arab Emirates, property reasonably suspected to be proceeds of crime.

29 COMMENTS

  1. Being a lawyer i expected a lot from Edgar Lungu, but was wrong, its like waiting for ZNBC to broadcast a live barclays premier league match, nothing good will come out this case.

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  2. The prosecution is full of UPND cadres who want to embarrass the PF by pretending to prosecute high ranking figures in the leadership.

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  3. Dr Chilufya needs to relieve himself so the law can take it’s course. ECL thinks us the citizens are clowns by staging this show. The police cannot do their job unhindered while accused is still in the position of power. This scenario is a pure classic of state against state. What is the state trying to achieve???

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  4. How can the state prosecute a sitting minister in a very corrupt regime under a weak leader like Lazy Lungu….Chilufya is capable of anything even infecting members of the legal team with covid.

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  5. Let the independent courts in whom we have trust in determine this matter fairly. We have every confidence in our judicial system unlike there in diaspora where we hear that blacks and minorities are not represented in judicial positions with blacks facing more custodial convictions. For so called developed nations it makes you wonder why they are so uncivilized. Even more shocking why a diasporan would look down on our legal system . A case of inferiority complex. Not surprised when diasporans are willing to wipe old whlte people backside as carers.

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  6. Kaizar Zulu, have you heard, ‘Garbage in, garbage out?’ This window dressing of a corruption case is going nowhere. The state prosecutors do not have enough resources to prosecute any well concocted plan of corruption in Zambia. We saw this in the Chiluba case. We had to engage private prosecutors and funding from the British government even to go as far as just winning the civil case in a LONDON high court. It would have been a flop in Zambian courts where a chief justice pocketed $12,000 from Chiluba to sweeten him. If we are to win the fight against corruption, it must be fought on smoke alone without finding the fire. No need too prove, if it smells, you cut it out. Jerry Rawlings just lined them up and said, ‘Give back the money you stole or get the bullet.’ Some gave up the…

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  7. C.O.R.R.U.P.T.I.O.N OF THE ZAMBIAN COURT SYSTEM IN FULL SWING HERE!!
    It will be adjourn, adjourn, adjourn, then case dismissed.
    However Zambian’s fully deserve this type of leadership & maximum suffering, poverty & load shedding, as they alone seem to favour voting for these cr00ks, whilst some erroneously believe they are “fixing H.H” a man who eats 3 square healthy meals daily, has access to the best medical care on the planet & NEVER suffers from the P.F induced scourge of load shedding, as he will afford the best top of the range electricity generators.
    Lastly P.F can stay in power, no problem!

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  8. A molls prosequi will be inappropriate in this case.
    There is too much public interest in cases of alleged unjustified self enrichment cases.

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  9. Thieves defending thieves, a sign of a failed state where justice is of lesser effect than corruption of huge sums of money from government.

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  10. That is a lot of money -which most Zambian doctors do not get to see. Where did he get it from? Perhaps our colleague can publicly share the data so that the rest of us can also gain access to such wealth.

  11. How can the court prosecute someone who still has authority to scare them? This guy was supposed to be suspended, relieved of his ministerial powers then enter the court as a normal person. Then he wouldn’t get the courage to even ask the court to dismiss his case. The criminal thief is using government resources to make it hard for the prosecution to go ahead & thats the aim to reach a dismissal of the case. Wait next year. You will dance to the tune of regret

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  12. I used to tell people that this man who wants to appear as though he were a saint DR was a big THIEF!

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  13. A CORRUPT STATE WILL ONLY TARGET THE POOR AND NON VIP ( VULNERABLE INABILITY PEOPLE). WHO DO THEY WANT TO CHEAT? HOW CAN A STATE CHARGE ITSELF? DROP HIM AND DO AWAY WITH HIM. MAY ECL DROP HIM AND DO AWAY WITH HIM THEN CAN YOU SEE THE COURTS AND POLICE TO BE ACTIVE IN HIS MATTER.
    AS IT IS HIS IMMUNITY STILL VALID FOOLISH ZAMBIA.

  14. DR. CHILUFYA IS NOW DR. COVID-20. VERY DANGEROUS MAN WHO CAN HOLD ACCOUNTABLE OF HIM? VERY CONFISCATED SUCH THAT EVEN COURTS ARE AFRAID TO TOUCH HIM

  15. Tapali ifyakula dismisser bukabolala. This case must reach its logical conclusion noti ifyakweba ati nolle prosequi. That is sweeping the dirt under the carpet. You have already excited us and then you want to start withdrawal talk? Thieves need to be put where they belong. Theres a disaster in Beirut because of corruption. Those kinds of things are coming to Zambia because we have no police force and no leadership

  16. Corruption in Africa is a tool used by imperialists to discredit our leaders while they ship out billions through more corrupt vices like transfer pricing. They then fund inept individuals in opposition to bark corruption everyday while they corruptly take billions of dollars worth of minerals without paying appropriate taxes, dividends and keep that money away from host countries.

  17. THIS CASE WILL GO NO WHERE. HOW DO YOU CHARGE A PERSON FOR BEING IN POSSESSION OF K270,000? ANY SENIOR CIVIL SERVANT CAN GET A LOAN OF THAT MUCH. JEALOUSY AT PLAY HERE. JUST WATCH THIS SPACE. SOME VULTURES HAVE ALREADY FELT THE THREAT OF CHILUFYA AS INCOMING PRESIDENT. IT MAY NOT BE IN 2021. BUT HE IS COMING.

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