Wednesday, June 19, 2024

Supreme Court Urged to Vacate Decision on Katele Kalumba and Others, Refer Matter to Independent Hearing

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Patriotic Front Presidential Candidate, Amb. Emmanuel Mwamba, called on the Supreme Court to vacate its recent judgement to jail former Finance Minister, Dr. Katele Kalumba, and three others, due to the fact that the judges involved should have recused themselves from the case.

In a statement, Amb. Mwamba stated that the judgement was a great injustice to the quartet, as the matter was heard by Supreme Court Judges that had previously handled these matters in junior positions. He pointed out that Chief Justice Dr. Mumba Malila, as Attorney General, had sued Dr. Frederick Chiluba, Faustin Kabwe, Aaron Chungu, and others in the London High Court over the same facts involving a security account, the ZAMTROP, held at the Zambia National Commercial Bank in London. Amb.Mwamba stated that Dr. Malila is on record as having provided regular guidance and counsel to the DPP on matters involving the prosecution and recovery of assets related to the ZAMTROP account.

In addition, Amb.Mwamba highlighted that Hon. Justice Jones Chinyama was the Magistrate who jailed Faustin Kabwe and Aaron Chungu over similar facts as co-accused persons, while acquitting former President Dr. Frederick Chiluba. Amb.Mwamba argued that the proximity of the two judicial officers to the case was too close and they were too prejudiced to hear the appeal when it came to the Supreme Court.

Amb.Mwamba also revealed that the Director of Public Prosecutions, Lillian Fulata Shawa-Siyuni, had refused to support the prosecution of the case because of how it was founded and prosecuted by her predecessor, Mr. Mutembo Nchito, as public prosecutor and later as DPP. The DPP had submitted extensively that the case relied on allegations of corrupt practices and overpayment, but she submitted that there was no overpayment, as all witnesses disputed this fact as alleged in the earlier prosecution and conviction. In addition, the DPP submitted that the renumeration received by Katele Kalumba and Stella Chibanda from the Zambia Security Intelligence Services was due to their role as secret agents of the service, a matter that was never rebutted.

Amb.Mwamba argued that the attempt to provide judgement in corruption cases for political expediency or as a false boost to the anti-corruption drive was an act of grave injustice, as corruption cases should be won on merit, rather than being used as a weapon for political purposes. He called on the Chief Justice to vacate the judgement and constitute a fresh, independent hearing by other judges to grant the appeal case a fair and just hearing.

The four individuals at the center of this case were charged with offences related to corrupt practices under the Anti-Corruption Act no. 46 of 1996. Dr. Katele Kalumba was accused of receiving a bribe of £4,000 in order to expedite payments to two US-based companies that had security contracts with the Zambia Intelligence Security Services (ZISS). Stella Chibanda, as Director of External Resource Mobilization and later Permanent Secretary, received $28,000 and a farm as gratification for processing these payments through the Bank of Zambia and ZNCB London Branch to the two US companies. Faustin Kabwe and Aaron Chungu, as Executive Director and Chief Executive Officer of the non-banking financial institution Access Financial Services, held local accounts for the Zambia Security Intelligence Services that received some money from the ZAMTROP Account in London.

31 COMMENTS

  1. All this while you have been silent. You advising after the fact. You dont tire launder Chiluba image

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    • ZISS has tragically failed to support its agents I.e Katele Kalumba and Stella Chibanda. What has happened to the quartet can’t happpen with agents of security services in Europe or USA. ZISS (Ba shushu) have elected to be quiet while it’s agents are sent to prison. This is stuff for a best seller novel!

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    • One Love – They didnt fail they just didnt want to implicit to crime of a few bad apples…you seriously think M16 or CIA would protect such corruption….do some research and see how many of their own they have let to dry. ZAMTROP account was a slush fund used to syphone taxpayers funds we are talking of hundreds of million dollars.

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    • Look,we have the beach master himself bragging and showing us as a nation he is wise,why don’t we just pay a visit on his back yard?I smell a connection with them katelian folks.believe me I have a hunch on this one.

    • In civil proceedings in England against late Chiluba, Faustin Kabwe and Aaron Chungu, the Attorney General succeeded and the court ordered a restitution. Civil proceedings against defendants on some charges do not stop the state from commencing criminal proceedings against the same defendants in Zambia on the same charges.

    • Emmanuel Mwamba what happened to the £28 million belonging to Regina Chiluba the widow of late president Fredrick Chiluba, which was blocked in Europe? She wanted to invest the money in a company called Sunny Car Center based in Finland.

  2. Surprise surprise…I was wondering when he was going to comment Emmanuel Mwamba (Not an Ambassdor) remember that he was close to FTJ and these were FTJ proteges. He is even refering to another corrupt lawyer Lillian Fulata Shawa-Siyuni, as DPP had refused to support the prosecution of the case. These crooks like Mwamba only come out to support their own…its always Zambian taxpayers that lose out!!

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  3. Only a crook can come out and defend such people…these crimes are a drop in the ocean. FTJ regime was renowned for its extrajudicial killings of opponents and anyone who didnt play ball with them.

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  4. A house, a farm, £4,000 as payment to Intelligence assets? Mmmm. I have never heard of James Bond paying so much didly information from the likes of Stella Chibamba and Katele Kalumba.

  5. What Independent Hearing….absolute nonsense.
    3 different courts all arrived at the same verdict of “guilty”.The convicts appealed the judgement to the Supreme Court hoping that Ireen Mambilima , ECL and Lilian Siyunyi would let them go Scot free.
    It was not to be as ;
    1) PF friendly Chief Justice Ireen Mambilima passed away
    2) ECL was defeated in the August 2021 elections.
    3) DPP Siyunyi who actually illegally granted a discharge to the convicts was removed from office.
    Emmanuel Mwamba is trying to defend criminals.

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    • Emmanuel Mwamba is not trying but defending them…this man was very close to these people especially FTJ…these are very sick vile people who have too much dirt and blood on their hands.

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  6. Ok I get it now. So malanji , kapyongo , chitotela, that guy who supplied fire tenders at 5 times their cost, all those PF cadres given single sourced tenders at ridiculous amounts like supplying face masks, building a toll gate at 4 million usd, buying a $70 million dollar jet at $350million, all those allowed to smuggle mukula were all given those favors because they were state agents entitled to extra money from the state. Now I get it!

  7. This has hh written all over it. Hh is settling personal scores with people he hates. He has failed to find any cases on me of corruption. Fuseke

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  8. What do you expect from a major beneficiary of the proceeds of the Chiluba era crime….???
    Kudos to PF and their cadres for somehow even making FTJ look like Pope Francis because of their INDUSTRIAL level looting…..

  9. Keep ranting for nothing. That is wat u ar well known for. Focus on valuable activities otherwise u shall die poor mwana. Life in politics is shortlived therefore heal frm the loss of power by pf. Yo source of livelihood is gone forever mwana..moreover u are not even an intelligent person going by yo g12 certificate.

  10. I await the Law Association of Zambia’s comment on this most public of issues relating to laws of the Republic of Zambia. My layperson’s opinion is that Emmanuel Mwamba is standing on quick sand.

  11. PF need to be very careful who the vote in as President this year…most of these chaps like Emmanuel (Not an Ambassdor) Mwamba are old brooms with too much dirt and blood on them!!

  12. This fired envoy Mwamba Emmanuel has zero shame at all. This is the same fervent s.exual pest whose tribal bigotry as PS and ambassador still stinks in those offices. He was Sata’s messenger of tribal doom and when the train laden with instruments of power quit the Bemba tribal bigot’s platform, he wept like a baby. This is the problem with these Katangese thieves, they have made the presidency so simple so much so that even Zinjanthropan apes like Mwamba can leap from one tree to another claiming the supreme court must so called “vacate the case” as though they know anything about justice and fair play. Besides, Mwamba must shut up, he is the one who throttled Chiluba to death! A docket must be opened to find out how he was the last person to see Kafupi Chiluba before the Iturian…

    • This is what happens when people are not made to answer for their crimes…remember the holgram debacle at MInistry of Information where this crook Mwamba was implicated. Sata then sent this man to SA where was placed in the embassy to cleanse himself today he is calling himself an ambassdor. These dinasaurs have been involved in criminality from the 90s still spreading their cancer…now running for PF Presidency.

  13. The whole hullaballoo story stinks – jail is the right decision. Must hasten here to include once fugitive Saviour Chungu as Director general of Special branch at that time. Saviour Chungu used to siphon funds from Zambia Intelligent Security Services account in London, facilitating payments to his brothers Faustin Kabwe and Aron Chungu. Katele Kalumba and Stella Chibanda as stated by Emmanuel Mwamba cleared payments at ministry of finance. Stinking corruption its ‘Tiyenayo’ in old age.

    • And you have the naive boy moron Sean Tembo defending Katele for $4000 imprest …really laughable…what a gullible ***** he is. These chaps were syphoning millions of dollars like no mans business and they were getting away with it.

  14. My people I don’t condone corruption but this is clearly not something we should encourage as Zambians HH is proving to be a danger to the nation.He has appointed his people to weaken his opponents.I know the praise singers can’t see it but we will suffer together with the Acts of HH and we have to put a stop this.

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    • Angoni’s love for quick money is well-known by those who have been around long enough. He used to run a freight forwarding and clearing company of the same name. Is Angoni ready to say why the Zambia Revenue Authority (ZRA) closed his company and who was sitting as President of the Republic of Zambia and Commisioner-General of ZRA?

  15. Why is the clique , the PF and their supporters so concerned about these cases ???

    Are they trying to set a trend of forgiving corruption cases ???

    Or is this a new effort at claiming tribal persecution ??

    If you are a thief, you are a thief……..

  16. TAYALI THE GREATEST COOPERATING PARTNER, ADVISER AND TUTOR OF MOST OF THE PF HOPEFUL PRESIDENTS, IS HAPPY BECAUSE HIS PF STUDENTS ARE NOW BEHAVING AND TALKING LIKE HIM, LOOK BAMUNDUBILE, A ONCE A RESPECTED MAN! HE IS AGISN QUALITY EDUCATION , HE IS AGAINST IMLENTATION OF ZAMBIA BEING A CHRISTIAN NATION WHICH UNCONDITIONALLY DEMANDS THE ABOLITION OF DEATH PENALTY, LOOK AT BA EMMANUEL MWAMBA HE TALKS AS HE ABOVE THE LA2 AND ALLTHE COURTS IN ZAMBIA . ANYWAY AM NOT SURPRISED BECAUSE THAT WHAT THEY’RE LEARNING FROM TAYALI THEIR MASTER . WHAT A SHAME

  17. [N WHAT CAPACITY DOES MWAMBA ‘URGE THE SUPREME COURT TO ………………’ PLEASE , EVEN YOU JOURNALISTS SHOULD CHOOSE The RIGHT WORDS AND CLAUSES TO USE IN ORDER TO AVOID CREATING WRONG IMRESSIONS. MWAMBA WAS JUST DREAMING And YEARLING IN WISHES OF CONTINUOUS FREEDOM OF HIS ASSOCIATES WHOSE APPEALS HAVE IN SUMMARIZED IN VAIN. I AGREE WITH LAWYER PAUL .BIRDS OF THE SAME FEATHERS FLY TOGETHER . UNDER THE SAME GUIDANCE , MWAMBA , MUNDBILE , NAWAKW, NAKACHINDA , IMBOELA AND LUBINDA ARE ALL UNDER THE GUIDANCE OF TAYALI AND HAVE NOW AND APPARENTLY LOST THREIR CREDIBILITYIES .

  18. Not sure if Emmanuel is the right person to make comments on these proceeding? In any case, 3 courts have found them guilty, surely all these learned people can not be wrong!
    However, the issue raised of having a magistrate who handled the initial case sit once more to hear the appeal is worrying. Same goes for the now CJ, who handled the matters as AG. The 2 should not have come close to this case at Supreme court due to their previous engagements with same cases and same defendants.
    As the nation takes aim at rooting out this cancer of corruption, we must tread carefully NOT to make precedents that go against the corruption fight itself. An appeal cannot be heard before a judge who handled it at the lower court period!

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    • In the Magistrates Court, the judicial officer who presided over this case was David Musona and not Jones Chinyama. Some of these people were engaged in multiple crimes. Surely judge Chinyama would not have sat to review a matter he himself had heard as a magistrate unless you think defence lawyers were not up to the task.

  19. The last bus stop under our judicial system is the Supreme Court.

    An injustice may have been occasioned, but at this stage the Supreme Court cannot vacate its decision.

    The only hope for the convicts is a presidential pardon, which I don’t see coming.

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