All Malanji did as Lungu’s special envoy in Turkey was to sit at a hotel and wait for money – Mukelabai
ALL that Joe Malanji did after arriving on a presidential jet in Turkey as former president Edgar Lungu’s special envoy, was to sit at a hotel and wait for money.
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Senior assistant commissioner under the anti-money laundering unit at the Drug Enforcement Commission (DEC), Kwaleyela Mukelabai said there was nothing special about the Turkey trip, as Malanji only went to sit at Sheraton Hotel in Turkey as he awaited for the money released by the Miinistry of Finance to purchase property for the Zambian Mission.
“The letters written by Dr Simon Miti show that he was authorised to go to Turkey as a special envoy, but in my investigations I established that there was nothing special,” Mukelabai said.
Malanji’s lawyer Nkhula Botha objected to the line of submission saying no witness from State House has testified that his client was not authorised to travel to Turkey as a special envoy.
“This is what we consider as evidence that is highly speculative. We pray that the evidence be expunged from record as it is speculative,”Botha said.
Fredson Yamba’s lawyer, Luckson Mwamba submitted that Mukelabai is not privy to the discussion between Malanji and Dr Simon Miti who wrote the letter as well as Malanji and the people he went to meet on Turkey.
But, State advocate Mukuma Chipawa argued that the objection by the defense was premature, as Mukelabai was giving revelations of what he established during his investigations.
Principal resident magistrate Irene Wishimanga directed that, Mukelabai be accorded an opportunity to explain what he meant when he said that there was nothing special about Malanji being sent to Turkey as a special envoy of the president then, Edgar Lungu.
“If it (evidence) remains speculative it will be expunged from the record,”Magistrate Wishimanga directed.
As he continued with his testimony, Mukelabai said he interviewed Betty Namukoko and Peter Kabuma from Turkey regarding the former minister of foreign affairs’ Turkish trip, and he was informed that Malanji arrived in Turkey on December 29,2020, in the wee hours and he was scheduled to return to Zambia at 14:00hours on the same day.
“The evidence given to me such as chetin, Mr Sankenga revealed that Mr Malanji was at Sheraton Hotel and Peter Kavuma was at the Hotel and he said there were no meetings,” Mukelabai said.
He told the court that Malanji sat idly at Sheraton Hotel, to fritter away time as he waited for Kennedy Sankenga to bring him the money which the ministry of finance had deposited in the Zambian mission’s account at the Iş Bank for the purchase of a chancery and staff houses.
“The minister (Malanji) was just at the hotel with the late ambassador and that they were just waiting for Sankenga to return from the Bank. The only time the flight was made possible is after Mr Sankenga returned from the Bank,” he said.
“There was nothing special as an envoy apart from the evidence given to me that he went and sat at the hotel to wait for Sankenga to come from the Bank.”
The court later moved to Silverest Gardens in Chongwe district, to view the three houses which Malanji bought in cash upon returning from Turkey after he allegedly diverted the US$5 million which was released for the purchase of property in December 2020.
The three houses number 033 on Kasama street, 269 and 270 on Chipata street were purchased at K850,000 each and Malanji paid US$50, 000 to the owners upon returning from Turkey to clear the balance.
Houses number 269 and 270 are on the same street and in the same line with the four other properties that Malanji owns in Silverest gardens.
Mukelabai made an application that the properties form part of his evidence.
The court also viewed the two helicopters at the Zambia Airforce airport, a Bell 430 bought at $1.4 million from National Aviation Corporation (NAC) in January 2021 and a Jet ranger Bell 206 bought at $700, 000 from MML Aviation.
“I managed to retrieve them and kept them for safe keeping at ZAF,”he said
Botha raised another objection about custody saying Mukelabai did not indicate that the properties were in his possession.
“There are proceedings in the South Affeica. There’s an order by the South African High court where the court granted and order for the non movement of these things and as far as we are concerned that order is still subsisting where the Soth African Court still has jurisdiction of the helicopters,” he said.
“We would love to furnish the cause number and the said order that was granted in the South African Court so that the court can have a chance to read the content. We will give the court by 10:00 if not before close of business.”
Mwamba said a curator bonis was appointed by a competent court of South Africa to possess the properties and the said order has not been vacated.
“The witness on the stand does not have the custody of the helicopter and cannot produce it unless he can produce evidence that the curator has handed over possession,”said Mwamba.
Chipawa expressed disappointment that an
objection was raised on documents that have not been produced before court.
“The witness explained clearly that he had possession of the properties which he brought here for safe keeping and intends to produce before you,” Chipawa said.
“He mentioned that with the authority of the curator bonis he brought the properties here. The case before the South African Court is a civil matter and no law has been given that the court cannot receive the properties as evidence.”
He added that Mukelabai is competent to produce the helicopters to form part of his evidence as they are in his possession.
In his reply Botha said Mukelabai had not told the court that he is in possession of the two helicopters after identification as necessary foundation is missing.
In this case Yamba and his co-accused Malanji, are accused of failing to adhere to guidelines relating to the management of public resources and possessing property suspected to be proceeds of crime.
Yamba is alleged to have abrogated the law relating to the management of public property when he approved the transfer of K154, 201, 197 for the purchase of a chancery in Turkey.
Malanji is accused of possessing two helicopters, BELL430 and a BELL 206 Jet Ranger helicopter, and houses suspected to be proceeds of crime.
By Mwaka Ndawa
Kalemba September 25, 2024.