Former Post Master General MacPherson Chanda and two others have filed a notice of appeal against the conviction and sentencing to two years imprisonment for 13 counts of theft by the public servant by the Ndola Magistrate Court.
In her ruling, Magistrate Kaunda Sakwanda found Chanda, Former Finance Director Best Mwaiche and Isaac Kamwimba guilty, giving the three an option of a fine amounting to K350 million.
Lawyers to the trio have stated that they do not agree with the reasoning of the magistrate and have appealed. They are contesting that the magistrate misdirected herself in the law and in fact.
the magistrate errored both in fact and law when she convicted them over diversion of funds when the said funds never left the Zampost accounts and the practice to move funds between two organizational accounts was continued by Chanda’s successors who strangely are not before any courts if at all there was anything wrong with it.
And speaking on behalf of former Zampost retirees, Sylvester Mwamba said Chanda was being persecuted and not prosecuted.
“The court has sent to prison a man who never stole a single ngwee from ZAMPOST but someone who brought about innovation and worked hard to ensure us retirees got our money after waiting for years. Some of our friends died before receiving their dues until Chanda came in. You cannot take politics away from this case. How does the magistrate convict people for stealing money which never left the organization? In the interest of justice, let a different and fair court reverse this injustice”, he said.
Another ZAMPOST employee who spoke on condition of anonymity for fear of victimization said the judgement was a sham and it was sad that the media, both public and private decision to create a false impression that there was corruption and theft by the three when in fact not.
“This is a sad day in the history of justice in Zambia. How do you say the three unlawfully diverted social cash transfer (SCT) funds amounting to K335, 108,834 without authority when the money moved from one ZAMPOST account to another. The money never left the organization contrary to the impression being created out there. There are no elements of theft in this matter.
As a matter of fact even the management which took over from Mr Chanda continued with the same practice and how come they are not before the courts of law? The system has exerted pressure to arrive at this notorious judgement in order to justify the so-called fight against corruption. Any fair and sensible judge will overturn this ruling and the three gentlemen will have the last laugh”, he said.
The case was before the Economic and Financial Crimes Court Magistrate Kaunda Sakwanda.
It’s their right, however, the higher court might interfere with the judgement by either acquitting the appellants or increasing the punishment. So I advise them to reflect on their deeds before they appeal. I wish them well
This was a very surprising judgment, at least in my opinion.
Not a single ngwee was stolen by the trio. They were awaiting instructions on when to send out the money for social cash transfer. They moved the money to a more permanent account.
There was absolutely no theft of any kind. The definition of theft even in the Penal code states that there must be intention to deprive.
And the judgement request of them paying 350 million is insane, I don’t see how that can come in especially where no money is stolen.
So why did the UK, Ireland, Finland and Sweden freeze aid funding to Zambia, after Zambian government admitted that $4.3m (£3.3m) meant for poor families had gone missing back in May 2018? This article is very poorly written (2/10) it has just one side to the story and that is people supporting this Macpherson.
@Tarino. Money was stolen by misused by the PF ministers, Emerine Kabanshi too the blame for that.
However, in this case, there was no theft, none whatsoever. I followed this case and even the arresting officers did state that there was no money stolen.
Chiza Chirwa – Kabanshi was only a scaregoat she also got off lightly with two years …ZAMPOST is also responsible for managing debasement of social cash … Zambia Postal Services Corp had used part of the money to buy vehicles for administrative use, against the terms of its contract with the government(Reuters,2021). Who was incharge at ZAMPOST? Misappropriation of funds is a crime…there are no two ways about it and these guys buy all these company cars after 2 years for nothing.
I bet you the car he is sitting in is part of that same money…
Sir, there was no money that was stolen, money only moved from one account to another. Will try to remind you how the appeal goes.
“I, therefore, find the accused persons with a case to answer. Having said this, I put the accused persons herein on their defence for the offence of theft by public servant in all 13 counts,” Magistrate ruled. So you are saying in all 13 counts there is no theft? How about one count stole K 50,000,000, property belonging to GRZ. In count two, it is alleged that Chanda and Kamwimba between August 1 and December 1, 2018 stole K21,945,256, property belonging to GRZ.In count three, it is alleged that Chanda and Mwaichi between September 1 and October 1, 2017, stole K 27,363,578, property belonging to GRZ.In counts four and five, Chanda and Mwaichi are alleged to have between March 1 and December 1, 2018, stolen K 5,500,000 and K20,000,000, property belonging to GRZ. In count six, the two…
In count six, the two are also alleged to have stolen K16,000,000 between September 1 and December 1, 2017 and K50,000,000 between January 1, 2017 and December 1, 2018.
You want me to carry on counting? Yet you are here saying they merely transfered funds within the company…you are clueless as those retirees who are blindly supporting theft.
You may carry on counting. What happened there, all these monies in all counts were just moved from the cash to savings account since there was no direction coming from the ministry of social services.
Money moves from account Y to account X. Both accounts belong to the postal services.
Show me the theft sir. And like I said, let’s see how the appeal goes, I am certain the judgment will include “I am shocked at the lower court’s findings..”
I hope they appeal so they are hit with heavier sentences to reflect the crime.
“The court has sent to prison a man who never stole a single ngwee from ZAMPOST but someone who brought about innovation and worked hard to ensure us retirees got our money after waiting for years…..”
No shame at all …surely what innovation did MaCpherson bring to ZAMPOST? Retirees were never paid a single ngwee when he was there but he was driving around in expensive cars.
“And speaking on behalf of former Zampost retirees, Sylvester Mwamba said Chanda was being persecuted and not prosecuted.”
This is what these crooks in PF are good at paying people to speak on their behalf and the most ironic thing about it is that they are paying them with the same taxpayers money they stole from them. Just look at people who stand up when Bowman is being questioned.
If you follow the case soberly you conclude that the only crime these three musketeers committed was to open a fixed deposit account without obtaining permission from the ministry of finance. There isn’t much variance between the defense and prosecution submissions. But then I a layman so I can neither support or condemn the judgement and subsequent sentence.
Deja Vu – You have a cavalier attitude towards matter of this nature…its evident with your postings here on LT
You are right, how this act was termed theft is beyond me.
And Toni, (Aka Tarino) I don’t think you followed this case very well. All witnesses agreed there was no theft, hence why this was a very surprising judgment.
Chiza Chirwa – Everytime you post you accuse me of being some other blogger…who is Toni now? My friend I have no time NO TIME anymore for running two accounts or need an extra account maybe when I was studying 20 years ago and was in the library most of the time.PLEASE PLEASE PLEASE get that in your head!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Chiza Chirwa – Just like Deja Vu you wouldnt know theft if it was sitting on your lap…any way Deja Vu is from CB I let him off.
Read properly, it’s you who has a chip on your shoulder. These guys didn’t use the money as individuals….. but in every institution there rules to follow when using money. In your upnded mind you have concluded that I am supporting Chanda and colleagues. I am not a lawyer so I can’t interprete the judgement or the sentence.
Tarino Orange…. Mr know it all. Have it your own way.
It is their right to do so against thesw politically motivated persecutions, which are done under the guises of fighting corruption. Yet the biggest corrupt f00l is hh himself