NDC leader Chishimba Kambwili’s arresting officer has told the Lusaka Magistrates’ Court that the changes allegedly made to names of directors and shareholders relating to the his company Mwamona Engineering and Technical Services portrayed that he had given false information to the court.
This is in a matter where Kambwili is facing a charge of contempt of court for allegedly tampering with documentation relating to Mwamona Engineering and Technical Services limited at Patents and Companies Registration Agency, which is evidence in an active case before magistrate David Simusamba.
Stanley Mumbula, a detective chief inspector at Lusaka Division police, told magistrate Nsunge Chanda that on March 6, 2018, around 16:30 hours, he received a call from Lameck Mwenya, a manager at PACRA, who informed him that there were some documents that had been lodged at PACRA relating to Mwamona Engineering and Technical Services Limited.
He claimed that Mwenya phoned him because he (Mumbula) was the investigating and arresting officer of Kambwili in a matter involving the said company before magistrate Simusamba.
Mumbula said that earlier in the day, he appeared before magistrate Simusamba and Economic and Equity Party leader Chilufya Tayali testified against Kambwili in a matter he is facing charges of forgery, uttering a false document and giving false information to a public officer.
He said Kambwili gave false information about Mwamona and gave a forged document of a no change return and uttered the same document to a public officer.
Mumbula said he told Mwenya that he would meet him the following day on March 7.
“At that time, I was also in the company of Mr Tayali, because he had planned to go to NPA to clarify some issues. When he heard me discussing about documents relating to Mwamona, he got interested and asked what was going on,” Mumbula said
“I told him that there were documents that have been lodged and that I will make a follow up and I will get back to him the following day.”
Mumbula said the following day he went to PACRA and met Mwenya, who gave him some documents, which were lodged the previous day.
He said he got the documents and perused through the seven documents, which included two receipts from PACRA receipting Mwamona, the first receipt valued at K166 and the other one K415.
Mumbula said other documents were a companies form 45, notices of change in directors or secretaries, a special resolution by Mwamona dated March 5, 2018, the chairman was Chishimba Kambwili, and there was a general affidavit verifying facts by Kambwili’s son, Mwamba, his NRC and a companies form five which was a declaration of consent to act as a secretary.
He said after collecting the documents, he informed Tayali that there were changes made to the documentation of Mwamona as the name Mwamba Chishimba had been removed and was replaced by Mwamba Kambwili.
Mumbula told the court that the NRC relating to the name Mwamba Chishimba was 239643/68/1 and had been replaced with NRC number 306414/68/1.
He said Mwamba Chishimba was removed as secretary and Kambwili’s wife Carol Chipande was appointed as company secretary.
“I noticed that the information had been changed and a print out from the system at PACRA will show those changes as the status of the company,” he testified.
“Tayali said he would bring the issue to the attention of the court and the matter was brought before magistrate Simusamba. The court guided that the matter must be commenced as a sworn complaint.”
Mumbula disclosed that the resolution was change of particulars for directors and shareholders and in attendance of the meeting was Kambwili, Carol Chansa Chipande and Mwamba Kambwili.
Mumbula told magistrate Chanda that according to the meeting, it was resolved and agreed that the particulars of the directors Mwamba Chishimba and Carol Chansa be changed in accordance with the names and particulars that appear on the NRC belonging to Mwamba Kambwili which is 306416/68/1 and Carol Chansa of NRC number 235023/66/1.
He added that it was also agreed that Carol be appointed as secretary in replacement of Mwamba Chishimba and Kambwili chaired the same meeting and the said resolutions were what was effected at PACRA when the changes were made.
“The facts had been changed. And for me who investigated the matter before honourable Simusamba, it would appear like we represented false facts before honourable Simusamba,” said Mumbula.
Trial continues on June 17, for cross-examination.