The Lusaka Magistrates Court has sentenced seven Ministry of Home Affairs accountants and an immigration officer to a total of 195 years imprisonment with hard labour for theft and money laundering involving K1.6 billion.
The money was meant for civil servants’ housing allowances.
Lusaka High Court deputy director of operations Edward Musona sentenced Bonaventure Chembe (115 years), Kenneth Hamusonde (15 years), Edward Kombe (15 years), Nathan Mwanza (10 years), Edward Bwalya (10 years), and Christopher Sinkala (10 years).
Others are Lyambai Kambowe (10 years) and Lloyd Mudenda (also 10 years).
Mr Musona said the convicts will serve five years on each count and the sentences will run concurrently, meaning that each of them will only serve five years.
“Looking at the amount of money that was stolen and the fact that the convicts deprived rightful beneficiaries of their money, there is need for me to prescribe a deterrent punishment,” Mr Musona said when sentencing the convicts.
He also ordered forfeiture of four vehicles seized from Kombe namely a Nissan Sunny registration number AAM 6839, unregistered Nissan double cab, a Fuso Fighter truck, and a Toyota Sprinter registration number ABE 6463.
Mr Musona also ordered the forfeiture of a Toyota Corsa registration number ABE 2036 seized from Hamusonde.
He, however, acquitted Shadreck Mtonga, Jimmy Lozani, and Raphus Sinyangwe for lack of evidence against them.
In his judgment, Mr Musona said having analysed the whole evidence, he was satisfied that all accused persons were employees of the Ministry of Home Affairs, some based at the headquarters and others in provinces, when they were arrested in 2005.
He said the Ministry of Home Affairs was paying its employees housing allowances at different rates and that the money was sent to provinces through bank transfers, except in a few isolated instances.
Mr Musona said most witnesses who testified said it was not right for accountants to travel to Lusaka to collect and cash cheques, and then go back to their respective stations with cash.
He said Chembe, who was in charge of salaries at the ministry’s headquarters, originated most of the cheques involved in the theft and some accused persons confessed having collected and cashed the cheques.
Mr Musona said Chembe admitted that the correct procedure of remitting the allowances to provinces was through bank transfers and that provincial accountants were not supposed to travel to Lusaka for the purpose of collecting cheques.
He said most payment schedules had names of intended beneficiaries who did not sign against their names to acknowledge receipt of the money.
Mr Musona said in some cases some intended beneficiaries got their allowances but others did not.
He said some of the purported recipients were called to testify and they denied receiving any allowance.
Mr Musona said since Chembe was in charge of salaries, it was his duty to ensure that money reached intended beneficiaries but did not make any follow-up.
He said this was not mere negligence on Chembe’s part, but it was guilt intent.
“I have no doubt in my mind that money was stolen and I am satisfied that Bonaventure Chembe participated in the theft. He was the mastermind and a hub on which all operations of theft were anchored,” he said.
On Hamusonde, Mr Musona said the convict admitted collecting and cashing cheques meant for housing allowances and his payment schedules depicted names of beneficiaries but none of them got the money.
He said all the loans and advances Hamusonde got during the period of thefts were just gimmicks to disguise the theft and money laundering.
On Kombe, Mr Musona said the former’s payment schedules indicated that intended beneficiaries did not sign against their names to signify receipt of the money and that he did not account for the funds.
Mr Musona said Mwanza also admitted collecting cheques from Lusaka but the person whom he claimed to have given the money when he went back to Chipata denied ever receiving funds from him.
On Bwalya, Mr Musona said the convict admitted collecting the money, but none of the intended beneficiaries listed on the payment schedule received it.
About Sinkala, Mr Musona said it was not in dispute that he collected the money and that it was also not in dispute that his payment schedules were not signed.
Mr Musona said Kambowe and Mudenda also collected money separately, paid some beneficiaries but did not pay others.
He granted the convicts leave to appeal to the High Court against his judgment.
[Zambia Daily Mail]