ACC LYING TO HH
…maybe the intention is to the embarrass the President – Chitotela
By Kombe Mataka
FORMER tourism minister Ronald Chitotela has challenged the Anti-Corruption Commission to explain why its officers lied to the President that he paid K100,000 to settle a matter in which he was facing corruption charges in 2019.
Chitotela, the Pambashe PF member of parliament, told The Mast that he believed President Hakainde Hichilema could not have deliberately lied to the nation at a recent a press conference when he made reference to a settlement he entered into with the ACC to have have corruption charges against him in dropped in 2019.
“They chose to close the case in 2019 and then today they to open it. A case that was registered in court. Even they as the State, is that not disrespecting of the law? You don’t do that. No one is above the law. It (settlement) was not an administrative arrangement. It was registered it was a legal document, registered in court and approved by the late chief justice and signed by the chief resident magistrate. But they, ACC, just woke up and said they are re-arresting me,” Chitotela said. “The officers must give correct advice to the principal because to the best of my knowledge, except I am not supposed to disclose the content of the settlement, I can tell you that in the settlement there was no mention of K100,000 which means they (ACC) even lied to the President. There is no K100,000 in the settlement. They lied to the President. They are giving false information even to the President. I appeal to the President to take keen interest because the officers are lying to him and it is a serious indictment. There was never mention of K100,000. They gave him false information because I don’t think the President can lie. They gave him false information and maybe the intention was to embarrass the President. They are lying so they can escape the wrath of the law.”
And reacting to the ACC’s announcement that it will challenge his discharge by the magistrate court in a higher court, Chitotela said he was aware that ACC officers feared the risk of being jailed on contempt of court charges.
“I am aware their fear is now contempt. They have fear that if they don’t challenge it, a contempt case will take all of them to prison. Look, it’s law. What did the magistrate do? Did she misdirect herself? No. They are saying they are no satisfied. What are they saying about the law? You are the journalist, ask them, see what did they want her (magistrate) to do when it is them who signed a consent judgement and registered it in court. And they themselves said ‘having fully fulfilled the conditions…’ and they endorsed it. They have a right but I just don’t know what they are going to argue in the higher court. Ask them what will be the grounds of their appeal? What will it be against? Ask them ‘what are you appealing against and under what law? The law is very clear they can only apply to the court and not themselves to set out a consent judgement. If I have breached it, but have I breached anything? No! It is them that have breached. It is them that are supposed to be committed to court for contempt of court. So my question is what are they going to appeal against? Because even in the settlement as the magistrate read they said ‘having fulfilled and fully disclosed…’. What has changed? Mind you I didn’t sign with a person, I signed with an institution,” he insisted. “It was a consent judgment that was registered in court unless they are saying they lied by agreeing to it. If I disclose anything I will be cited for breach of the same. So ask them, was there a house taken? Anyway, they are lying to you guys. They are saying there is a house in Ibex Hill, tell them where is that house in Ibex? Surely can you have a house worth K380,000 in Ibex? They said a plot according to the charge I was facing is worth K380,000 and my company RK Tour and Guide receives K500,000 from Val Construction. Now you live in Lusaka, you must question. Can you find a house in Ibex worth K380,000? You people must interrogate these facts.”
And Chitotela said he was not shaving because of what he described as persecution.
“I am a Christian. When I am not happy with certain things I spiritually protest and one of the protests is to stop shaving. I think if you read in the Bible, the old men of God did that,” he said.
Meanwhile, Chitotela said he had gotten back his house in State Lodge which was seized by ACC recently.
“I am in the same house as I am taking to you now. It was handed back through the lawyers,” said Chitotela. “They are persecuting me to the extent where when they find I have no cases they start exhuming cases that were closed by themselves. This is a clear indication of persecution.”
ACC arrested Chitotela on May 3 in connection with possession of property reasonably suspected to be proceeds of crime.
ACC spokesperson Queen Chibwe said Chitotela only surrendered a property in Ibex Hill area which was in his wife’s name on which there is an unfinished structure and also paid K100,000 to the State.
She said the Commission under new management reviewed the matter and found that the settlement agreement was lacking in fulfilling the requirement of the law as provided. Chibwe said Chitotela had been apprehended and was expected to be charged with similar offences.
At a press conference last month, President Hichilema made passing reference to the matter saying; “I summoned ACC and directed them to reopen corruption case against a former minister.”
But on Wednesday, the Economic and Financial Crimes Court freed Chitotela.
Principal resident magistrate Jennifer Bwalya ruled that Chitotela’s exemption from prosecution by the Anti-Corruption Commission dated June 24, 2019 is still in force and prosecuting him for possessing property suspected to be proceeds of crime when he was let off the hook by the ACC upon forfeiting his property will amount to penalising him twice.
Magistrate Bwalya said Chitotela took plea in relation to the nine corruption related charges he was facing and the state made an application before court that a settlement be filed.
She said according to Section 80 of the ACC Act the commission is by law allowed to enter into negotiations with the intended or actual defendant in criminal proceedings and settlement or undertakings shall be registered and can be sued upon once registered in court if breached.
She explained that the ACC under the said provision undertakes not to institute criminal proceedings against a person who has fulfilled conditions precedent to the said undertaking which conditions maybe a full and true disclosure of certain information or a voluntary act done in furtherance of the same and that parties are bound by the settlement or undertaking.
“The ACC undertook not to institute criminal proceedings against Chitotela pursuant to section 80 of the ACC Act for the very charges that he now stands before me. Ronald Kaoma Chitotela having satisfied the requirements of Section 80 of the ACC Act no.3 of 2021, the Anti-Corruption Commission precluded him from prosecution and the said undertaking showed that the ACC committed not to disclose the contents of the agreement to any unauthorised person, entity including members of the public,” said magistrate Bwalya. “…There is before me no evidence of the settlement between the parties or indeed a binding undertaking by ACC as having been set aside through any judicial process or that it was subject or order of any superior court. Proceeding with the matter whilst the said settlement remains in force will be in essence subjecting the accused to the evils of some form of double jeopardy (punishment) which the laws in Zambia frowns upon. I find that the matter on which the accused is charged is incompetent for the above reason. I must make it clear that the view I have taken does not in any way amount to an acquittal but a discharge of the accused person. I therefore order that Ronald Kaoma Chitotela be and is hereby discharged on of the charges herein forthwith.”
ACC has since announced its intention to challenge the discharge in a higher court.