AS REQUIRED BY LAW, I DECLARED INTEREST IN ANY DEALINGS AT MINISTRY OF DEFENCE, GBM TELLS COURT
….laying before Magistrate Ngobolo a copy of the letter written to and acknowledged by his PS on 5th October, 2011
Lusaka, Thursday, March 16, 2023 ( Smart Eagles)
Business tycoon Geoffrey Bwalya Mwamba – GBM has opened his defence in the matter he is facing 24 counts before the Economic and Financial Crimes Court.
The first 8 of the 24 counts relate to when Mwamba served as Minister of Defense but allegedly failed to declare interest in the procurement of assorted Goods for the Ministry.
Hon. Mwamba denied all the Charges.
And in his defense, Mwamba produced a copy of the letter written to the Ministry of Defense in which he declared interest.
Appearing before Lusaka Resident Magistrate Sanford Ngobola, Mwamba narrated that having familiarised himself with the Cabinet Handbook, the step was necessary as it was stipulated in the book on how a Minister ought to conduct himself concerning any business dealings.
Hon. Mwamba said he then consulted the Attorney General and was advised to declare interest in writing addressed to the Permanent Secretary who is the controlling Officer.
Hon. Mwamba disclosed that he wrote a letter addressed to the Permanent Secretary on 5th October, 2011, and it was received the same day by the PS.
He stated that he has since been in custody of a copy of the letter in question from the time he submitted it to the Permanent Secretary at Ministry of Defense in a personal file he held as Minister.
‘‘I had the privilege of being appointed Minister of Defence in September, 2011, we received an official from Cabinet office orienting us on the Cabinet Handbook and after being oriented, I knew the dos and don’ts of a serving Minister and I received a few friends that were interested in doing business with the Ministry of Defence in 2011, the first thing I did was to refer myself to the Cabinet Handbook which specify that if I had anyone interested in doing business in the ministry I was serving, I needed to declare interest in writing,’’ Mwamba narrated.
It has also been brought to the attention of the Court that Mwamba, through his Lawyers, wrote to the Ministry of Defense requesting for the retrieval of the 5th October, 2021 letter in which he declared interest.
‘‘I would identify that Letter if I saw it through my signature and Ministry of Defence Headed Paper. The original letter is with the Ministry of Defence because it was addressed to the PS and through my Lawyers, I have written to the Ministry of Defence in order for us to retrieve the original copy.”
Hon. Mwamba requested that the two letters be submitted as part of evidence.
However, the state Prosecutors objected that the Photocopy of the first Document is not the best evidence to be availed before the court.
The State further stated that the chain of custody was not clearly stated in the Letter that was written to the Ministry of Defense requesting for the original copy.
But the Defense Lawyers urged the Court to dismiss the objection by the State.
The Defense also argued that if the court held the view that only the original letter be brought and submitted as Evidence, it had the Power to order the PS Ministry of Defense to avail the said letter not later than seven days from today.
And Magistrate Ngobola has reserved ruling on the matter to 24th March.
Continuation of defence will come up on 26th April and 9th May.