Patriotic Front(PF) member and former National Democratic Congress(NDC) leader Chishimba Kambwili and Former United Party for National Development Chilanga member of parliament Keith Mukata are among the people that have been pardoned by President Edgar Lungu in last acts as republican president.
In October last year, Mr. Kambwili was sent to jail for 1 year, but appealed his sentence and has been on a K 300 000 cash bail pending his appeal since. In a case in which Chilufya Tayali was a key witness, Mr. Kambwili was charged with three counts of forgery, uttering a false document, and giving false information to a public officer.
It is alleged that in October 2013, with intent to defraud or deceive, Kambwili allegedly forged a ‘No change return’(companies form 71) purporting to show that it was genuinely signed by his son Mwamba when it was not.
Lusaka Principal resident magistrate David Simusamba jailed Mr. Kambwili for 1 year for forgery and another year for uttering a false document. Magistrate Simusamba ruled that the accused person was behind the fictitious person called Mwamba Chishimba and therefore found him guilty of the charge. The two sentences were supposed to run concurrently, meaning he will only serve a year.
His lawyer, Musa Mwenye State Counsel pleaded with the magistrate to exercise leniency on Mr. Kambwili as he is a family man.
UPND Member of Parliament Keith Mukata also got the presidential pardoned, after his sentence was communicated to life improsonment. In 2018, Chilanga UPND Member of Parliament Keith Mukata was found guilty of first-degree murder and sentenced to death by hanging while his girlfriend Charmaine Musonda was acquitted.
Lusaka High Court Judge Susan Wanjelani convicted Mukata and acquitted Charmaine Musonday when she delivered judgment in the matter where the two were accused of murdering Namakau Kalila Kwenda, a security guard at Mukata’s law firm.
Justice Wanjelani ruled that the fact that three cartridges were found inside the gate confirms that the deceased was shot by a person face to face.
She said it is established that the wound was caused by a gunshot from Mukata but the question is whether there was any malice forethought. Seven witnesses were called and the two accused were placed on defence. Mukata gave evidence while Charmaine opted to remain silent.
The defence argued that there was no direct evidence linking the accused to the murder and that it was dereliction of duty for the police as plates in which the gun is said to have been found was not produced as evidence and that the BMW was not taken to the scene for crime reconstruction.
Justice Wanjelani said it is common cause that the deceased was facing his killer at close range and that she finds that the deceased could not have been killed by a gunshot from outside the gate but from inside.
Controversial Lusaka-based photographer Cornelius Mulenga is commonly known as Chella Tukuta also got the presidential pardon. In July this year, Chella Tukuta, who was charged with libel, was slapped with a 2-year jail sentence for defaming former Chief Government Spokesperson Dora Siliya.
Mr. Mulenga in May last year, in a Facebook live video, accused Ms. Siliya of being immoral and that she was allegedly organizing young girls to high profile people for immoral activities.
And delivering the ruling, Lusaka High Court Judge Lameck Mwale, sitting as Chief Resident Magistrate, described Mr. Mulenga’s utterances against Ms Siliya as reckless.
Judge Mwale says Mr. Mulenga never provided evidence to the court on the allegations he leveled against Ms. Siliya who was at the time serving as senior government official. He said he needed to mete out a stiffer punishment on Mr. Mulenga to deter would be offenders who abuse social media to disparage other people.
The list of pardoned inclus include Mathew Mohan, Former Inktech Managing Director found guilty of murdering businessman and Cyclone Hardware Sajid Itowala in July 2009. Mr Mohan was sentenced to death by hanging for the gruesome murder of Cyclone Hardware director Sajid Itowala in 2009. The sentence was later changed to life in imprisonment.
Mr. Sajid Itowala was a prominent businessman in the construction industry in Zambia. He owned Cyclone Hardware & Construction Ltd. He was brutally murdered by Mathew Mohan. Mr. Itowala was killed in his car during the day in Lusaka west. His legs and arms were broken indicating that he was tortured before being shot three times. His body was found in his Benz Car about 100 meters from a police post in Lusaka west.
Other pardoned included Chansa Chitika David, former Barclay’s employee murdered his wife at their Chilenje home in 2010, Gladys Maketo Mabenga was the daughter of former Minister, Michael Mabenga.
Akufuna Mumbotwa, self-proclaimed Barotseland Administrator General and three colleagues were arrested in December 2014 under charges of treason also got the presidential pardon.
Clement Yambayamba, Chipampe Sikazwe, Isreal Sikazwe, Arnold Kaite, Mathews Chabala, Anita Namwinga and Maureen Namwinga also got the presidential pardon for murdering Senior Chief Tafuna of Mpulungu