DPP joins malanji’s case as former PS says he rejected Malanji’s irregular instructions
DIRECTOR of Public Prosecutions Gilbert Phiri yesterday took parties in Joseph Malanji’s case by surprise when he informed the Economic and Financial Crimes Court that he would join in prosecuting the former minister of Foreign Affairs as the nation’s chief prosecutor.
Phiri’s decision to join the case agitated Malanji’s associates in the gallery who whispered to themselves that the UPND was hellbent on sending their ‘rich’ friend to jail on allegations that he corruptly amassed his wealth.
When the case was called, Phiri informed magistrate Irene Wishimanga that he would team up with his juniors to boost their morale in prosecuting the case.
“I am a chief Prosecutor and am here to offer morale to prosecutors and witnesses and you will be seeing me in this court often,”Phiri said .
In his examination in chief former permanent secretary administration in the Ministry of Foreign Affairs, Ronald Simwinga said sometime in December 2020, Malanji gave him a two paged contract asking him to seek approval from the Attorney General for the purchase of 12 chanceries for Zambian Missions abroad.
He said he sent the contract to the Ministry’s legal counsel a Mrs Matafo for perusal but she advised that it was incomplete and had reservations as the price was beyond the ministry’s financial muscle as it was US$19.5 million.
“On December 27, 2020 the minister called me, to his office and informed me that he was travelling to Turkey the next day. So, he asked me that I should resubmit the contract to the Attorny General’s office for it to be cleared because he really needed to carry the copy from the Attorney General since he was travelling to Turkey the next day,” Simwiinga said.
“I explained to the minister about the consultation which the legal counsel was making and in addition I also explained about the status of the procurement process that it was ongoing, so, therefore I also explained to say that the time was not ready for the final contract to be submitted for approval.”
He said the contract had not support for the budget line.
“It would have been impossible for me to support the directive to send the money to Turkey even if the procurement process was perfectly done because, I did not have sufficient evidence that supplementary budget was done,” Simwinga explained.
“So, some time in June of 2021, the director finance came to my office and showed me a document which is called the expenditure returns. The director finance observed entry of a big amount, I do not recall the amount and came to show me that is this amount that did not come from here(ministry) because what was sent from Turkey was just money for personal emoluments.”
He said the money that was sent by the ministry of Foreign affairs was more than what was spent.
“We got interested in the amount because it was way above the authority of the mission to spend. So the director finance came back with a report that she had spoken to the accountant and the director finance indicated that the accounts says its a mistake in the ministry’s return, it should not have been there,” he said.
“I called the internal auditor and asked to come with a work plan. In the report she revealed that she found that some monies have been funded to Turkey it was above US$7 million.”
He said, after that audit report, almost around same time, he recieved officers from the DEC who inquired about the procurement of the property in Turkey.
In cross examination Simwinga said he received irregular instructions from the former minister which he did not act upon.
“I never approved any expenditure. I couldn’t even because I had no authority the money was not coming from head 17 which I was in charge of,” he said.
He said Yamba being the former secretary to the treasury did not breach procedure.
And in Re-examination by Gracilia Mulenga, Simwinga clarified that he was not aware that the funding was meant for October salaries because he did not request for it.
“There was no need for a supplementary budget for head 71 but there was need for a supplementary budget for head 21. What I meant when I said there will be no additional funds on heads 17 but on 21 for a supplementary budget was to the extent that head 21 was going under valuation,” he said.
“There was going to be a requirement for the controlling officer to submit forms so that funds would be approved under head 21 since the funds were being moved to another head.”
In this case Yamba a fomer secretary to the treasury 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 suspected to be proceeds of crime.
Trial continues on August 13.
By Mwaka Ndawa
Kalemba
These issues only highlight what goes on in these public offices. What about other various malpractices which don’t come onto public playground ?My question is:Why was Makanji not prosecuted then ?Why should we have ACC which prosecutes looters when they leave office ?I saw Ms Kabanshi sent behind bars ,but was it because she is a woman ?Iam saddened
Malanji is a very serious PF candidate to be sent to jail from the PF cabinet. His defence is helplessly slopy mainly because he did his looting with impunity.
Two Helicopters from a low class Lodge Business in Kitwe cant buy you a house let alone 2 planes. Such are thieves we do not want to be role models in our country and should be sent to jail immediately. Court trial period in the Financial Crimes Court is 5 months max and Malanji has 1.5 months left!! We are waiting and hope that judge will give Zambians justice.