By Mwaka Ndawa
THE State has clarified that the DEC did not summon former PF secretary general Davies Mwila and media director Antonio Mwanza to explain about the party’s source of campaign funds, but for interrogation on allegations of money laundering.
The Commission says the two were interrogated in their personal capacity, and not as PF members.
The office of the Attorney General explained that the PF as an institution was not under any ongoing investigations and that neither have officers of the Drug Enforcement Commission (DEC) coerced party members to disclose the source of funding for campaign activities.
In this matter, Mwila has sued the State in the Lusaka High Court over the DEC’s decision to quiz him and Mwanza regarding the party’s source of funds during campaigns prior to the August 12, 2021 General Election.
Mwila who has commenced the action on behalf of the party wants damages for intimidation and harassment of PF members by the DEC.
He is seeking damages for discrimination, misrepresentation and defamation of character .
Mwila also wants the court to declare that the party cannot be compelled to disclose its source of income and that the same was not laundered.
In his statement of claim, Mwila said the party was not an institution regulated by the DEC’s supervisory authority.
He said sometime in September last year, officers from DEC anti-money laundering unit summoned him and questioned him about the source of funds for last month’s elections and the officers linked the same to money laundering.
He said then PF media director Mwanza was equally summoned by Teddy Mambepa and was quizzed about the same.
Mwila stated that DEC had continued to exert pressure on the party’s junior officers to disclose the source of funds under the anti-money laundering unit.
He said the Commission had continued to threaten the existence of the PF, including its members with prosecution if they do not disclose the source of campaign funds.
“Out of the 16 political parties which participated in the 2021 general elections, only the PF has been singled out and targeted by DEC and the discriminatory attack on the party has instilled fear in the minds of its members,” Mwila submitted.
“The DEC has not interrogated other political parties which participated in the 2016 general elections on the source of campaign funds, and up to date known political parties in Zambia have not been interrogated by the Commission.”
But in its defence, the State said the Commission has the authority to investigate any individual or institution on allegations of money laundering and drug related issues, including members of the PF and those affiliated to the party.
It said the DEC had never threatened the existence of the PF and its members with prosecution for failure to disclose their source of funds for campaign activities.
“The Commission is merely exercising its statutory authority and conducting investigations on allegations of money laundering, which prompted the summoning of Mwanza,” the State said.
“Antonio Mwanza volunteered to go to the Commission offices in the presence of the media, and he informed the media that the Commission was questioning him about the source of campaign funds used in the general elections, when in fact he was being questioned in regards to alleged money laundering.”
The State said when the DEC public relations officer was questioned by the media, he gave the true position about the matter.
“The defendant is mandated under the Prohibition and Prevention of money laundering Act no.14 of 2001 to probe into money laundering and related issues and may legally summon any person it reasonably believes may have information relating to allegations of the same to give relevant information,” the State said further.
“The Commission has authority under the Act to prosecute any person that divulges, refuses and withholds information relating to a matter that is under investigation and the plaintiff has flouted the law by publishing, refusing and withholding information relating to the ongoing money laundering investigations.”
It said the matter was a ploy by the PF and its members to circumvent the DEC’s criminal investigation and possible criminal prosecution through civil proceedings, and should not be entertained by the court.
“The plaintiff is merely attempting to derail ongoing criminal investigations in which some PF members are implicated. This matter is frivolous, vexatious and an abuse of court process,” said the State.
After an interrogation at the DEC last year, Mwanza told Hot FM during a breakfast show that the commission had asked him to disclose the source of campaign funds.