GBM goes to jail smiling as sister begs Hichilema for pardon
THE Lusaka magistrates court was a scene of emotions yesterday as family members of former defense minister Geoffrey Bwalya Mwamba were in tears appealing to President Hakainde Hichilema to release him saying he was a breadwinner.
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Mwamba alias GBM was jailed five years by the Economic and Financial Crimes Court on eight counts of conflict of interest, four counts of possession of property suspected to be proceeds of crime, and fined home K50,000 for money laundering.
However, Mwamba’s impassioned sister Ruth who could not accept her brother’s punishment for the crimes he committed cried to the President to consider canceling his criminal record, and set him at liberty due to his chronic illness.
“We are appealing as a family to the President Mr Hakainde Hichilema please consider your friend he’s got a heart problem,” she said.
Ruth called to the Head of State to put in memory, of her brother’s sacrifice for the UPND prior to the 2016 election.
“Think of how he helped you in Northern province. He spent his money as well to revamp UPND, hear us, please help him to come out, he is the breadwinner he looks after so many people in the family and from his chiefdom,” she said.
“There are more than 1000 orphans that he looks after. Consider him ,he helped you in Northern province, Mr President please we are appealing as a family to you.”
Ruth claimed that her brother made the UPND popular in Northern province hence for that, the President should look on with favor on her brother, as he is the only one who has the powers to cancel someone’s prison sentence.
“It’s so painful, think of when he was vice President for UPND. He really helped you in so many ways even in Northern province. In Northern province there was no UPND but he helped you. He used his strength and money just on that Mr President please help him for that. Release him you are the boss of the judiciary,”said Ruth.
Mwamba was facing 24 criminal charges among them; eight counts of conflict of interest, one count of money laundering and 15 counts of possessing property suspected to be proceeds of crime.
In his judgment magistrate Stanford Ngobola said Mwamba, going by his position in the ministry as minister of defence, was not supposed to allow his companies nor relatives to engage in business with the ministry he superintended over.
“Any business conducted by him through his daughter, family business would amount to conflict of interest. With or without declaration of conflict of interest a public officer’s relative or company is not allowed to do business with the public body where the public officer works,” he said.
He said Mwamba was a sole signatory of Arizona marketing and distributors accounts hence the company should not have obtained contracts from his ministry.
Magistrate Ngobola found that Mwamba’s daughter Thandiwe secured eight contracts for the company she managed on behalf of her father, therefore there was no doubt that GBM was involved in the process for the awarding of contracts to Curzon Global.
The court said his explanation that he wrote to the permanent secretary declaring interest in the awarding of contracts to his company was an afterthought.
Magistrate Ngobola said the issue of the letter only arose during defense and there were no records at cabinet office to prove that he declared interest.
The court found Mwamba guilty on eight counts of conflict of interest and convicted him.
On the charge of money laundering, magistrate Ngobola said the US$620,000 paid to Mwamba’s company by the ministry of defense amounts to illegal gains, as the contracts were illegally obtained by his daughter.
“I find that the $620, 000 is tainted in view of the illegality of the source and therefore it is proceeds of crime in regards to Section….of the Public Procurement Act,”
He said Arizona received a suspicious transaction amounting to US$399, 985 from Curzon Global on the pretext that it was proceeds from maize.
Magistrate Ngobola said there is no evidence that the money was a subject for the sell of maize, therefore Mwamba had not discharged the evidential burden shifted on him.
He also found him guilty of possessing US$499,985.00 through Germins Motorways Limited Bank Account and possessing US$20, 000, 000 in his bank accounts
Magistrate Ngobola said Curzon Global Zambia had no authority to enter in the consultancy agreement with GBM on behalf of Curzon Global Honkong since it was not registered at PACRA.
The court acquitted him on 11 counts of possessing wealth suspected to be tainted as it was not proved to the required standard.
In mitigation Mwamba’s lawyer Kelvin Fube Bwalya said his client was a married man with 13 grandchildren.
He said GBM has been a law abiding citizen citizen with no criminal record and he has run businesses in this country and his bank accounts and business deals have never been flagged by banks, business associates and the FIC (Financial Intelligence Centre).
“He became a public figure when he joined politics, he has never been a politician he has always been a businessman. The conviction is a psychological blow to his good standing business acumen and his relationship with society at large,” he said.
“The conviction will affect the manner he lives in society and business community. Your conviction of this once upon a time honorable man has damage beyond the walls of this court.
Consider the shame and embarrassment that the convict will face,” he said.
Charles Changano submitted that Mwamba needs to be confined to a better place than prison.
He asked the court to use the jurisprudence from the Holy Bible when Adam and Eve had sinned against God.
“Before punishment, God had to ask, what have you done that? The mitigation was clear, each one was pointing a finger, but God had the discretion for the wrong by sending Jesus Christ to give leniency to the sinners,”he said.
Changano submitted that Mwamba is the one who brings home the bacon hence, his jailing will affect many.
“You are the eyes of God, you have the power to punish or not to punish. The court is fully packed. These are the family members that depend on your convict. Consider the family in court apart from the journalists which if put in prison they will suffer,”said Changano.
“Though I am standing, I kneel down, our client is at your discretion to enjoy the powers of sentencing from you.”
Bonaventure Mutale proposed that the court considers a suspended sentence as jailing Mwamba would be condemning him to death.
“He has an acute heart problem which required him to seek medical attention outside the country,” he said.
“A custodial sentence will clearly have devastating consequences on the health status of the convict. Our prison facilities are congested. Certainly, a custodial sentence will almost be akin to a death sentence in the circumstances.”
In handing down his sentence magistrate Ngobola said Mwamba as a public servant, owed his fiduciary duties to the public.
He said ministers need to be professional when entrusted to serve the public by proving that they are not susceptible to temptations of having sticky fingers.
“Ministers are expected to be honest in serving the public. Member of the public expect ministers to have a high standard of honesty, professionalism and transparency,” magistrate Ngobola said.
He sentenced him to five years in each of the eight counts of conflict of interest, fined him K50,000 for money laundering and jailed him three years in each of the four counts of possessing tainted wealth.
Magistrate Ngobola directed that the sentences would run concurrently effective October 9, 2024.
Mwamba’s sisters wailed immediately the court pronounced his five year sentence forcing the magistrate to direct police officers to eject them from of the courtroom.
When the matter was stood for 15 minutes before mitigation Mwamba hugged his children, cousins and elderly women and men of the family goodbye.
One of his relatives was heard saying;”let’s get our last pictures with him before he is taken away.”
Although the Court had pronounced that he was going to jail Mwamba was seemingly not broken as he was lively and cheerful as he craved to be snapped and filmed by journalists.
“Nkopeni baiche, munkopeshe sana (capture me you chaps, make sure you get enough pictures and videos of me),” said Mwamba whilst smiling.
By Mwaka Ndawa
Kalemba October 10, 2024.
https://kalemba.news/court/2024/10/10/gbm-goes-to-jail-smiling-as-sister-begs-hichilema-for-pardon/
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