By Amb. Emmanuel Mwamba
Grabbing GBM’s assets
….It is not in dispute that the goods were supplied in full. GBM didn’t supply air, neither did he steal and Government consumed the goods….
On October 9th 2024, Former Minister of Defence Geoffrey Bwalya Mwamba popularly known as GBM was sentenced to five years imprisonment with hard labour of 13 counts of conflict of interest, possession of money deemed proceeds of crime and money laundering by the Lusaka Magistrate’s Court
Magistrate Sanford Ngobola, who sat as an Economic and Financial Crimes Court convicted and jailed Mwamba in eight counts of conflict of interest, four counts of possession of property suspected to be proceeds of crime.
Magistrate Ngobola also fined GBM, K50, 000 for money laundering.
The court earlier alleges that while he was a Cabinet Minister, GBM used his position and allowed his companies and relatives to engage in business with the Ministry of Defence, a Ministry he supervised.
Now the Court has ordered the former Defence Minister to repay a total of US$899,970 (K24.9 million) and K20 million to the State proceeds from these business transactions following his conviction.
Here are key issues;
● GBM has been convicted on allegation of flouting procurement procedures.
● that he failed to declare interest.
● It is not in dispute that the goods were supplied in full. He didn’t supply air, neither did he steal.
● The proceeds from these transactions obtained through what the court have called irregular procurements, have now been termed proceeds of crime and he was subsequently convicted on that count too.
● Although he showed proof that he had declared interest and produced the document submitted to the Permanent Secretary, it was contested in court.
It is for this reason that he has dismissed the conviction and appealed against both the sentence and conviction.
In my view, it is premature to proceed to apply to seize the assets that are a subject of an appealed and contested judgement as GBM’s appeal has huge prospects of success in the higher courts.
However, the courts have denied GBM bail pending appeal, like they have done to countless others, and are now moving to bankrupt him with the forfeiture of his assets.
The trouble with the current prosecutions is that they are highly tainted, are deeped and steeped in lawfare, to deny Justice using the law and to destroy political opponents using the courts.
My fear is that GBM, who is a serious cardiac patient, may not have the stamina to fight and fend off these charges under these circumstances.
Rulers usually complain that the “corrupt” receive sympathy from the people.
It’s simple, you lose the corruption fight because you are trying to abandon the due process of the law and you resort to the use of the prosecution to punish your political opponents and not to bring Justice or recover assets.
Therefore whatever wrong could have been done is lost because the process is tainted and the legacy we are creating for ouselves will haunt those perpetuating it.
“Oh what a tangled web we weave when first we practice to deceive”
Emmanuel mwamba do not litigate on social media. Social media is not the court. Justice is seen done in court of law.
If you were a graduate of Ziale, you could have made sense. Alas you are as good as chilufya Tayali
Ba Mwamba, are you suggesting that GBM should have been allowed to keep his loot?
The loot was proceeds of crime (abuse of office) and hence acquired illegally.
Basically, what Mr. Mwamba is saying is that a thief must allowed to keep his stolen goods. What kind of perverted justice is this? Of course, this is normal in the PF universe. Even corruption and theft were normal under PF.
“Uubomba mwibala alya mwibala”.
Well, that’s your argument! We have laws that deal with corruption and that’s what the law says. If you’re sitting around the corner hoping one day by chance your Sangwapo finds it’s way into government and expect to use corruption to earn elist property get ready because that’s the law. You will lose everything. Stop your tata ma chances. When HH came into power and was telling you that we will use the same laws that made to lock you up, you were busy mocking him hoping that the schemes you had set up for the DPP and NPA would work. Well, they were both caught in their own web of criminality.
Emmanuel Mwamba wanting to clean GBM in the public. Eye instead of where it mattered the most in the courts of law won’t work. The court clearly called these transactions as FRAUDULENT. A fraudulent transaction doesn’t exist , is of no basis and no goods can be supplied on a fraud. Emmanuel must desist from misleading the public. Why didn’t he join the defence team in court since he’s the Mr know it all?
You give yourself all grz tenders and supply at inflated prices, pay yourself before anyone else and when you are caught and jailed your family and relatives must remain enjoying all that money obtained dubious? No way anything that was not obtained in the right way but through crookedness must be forfeited or else thieves will continue stealing on behalf of their relatives and won’t even mind going to prison knowing fully well their relatives are well looked after with the stolen funds which they will also enjoy once they come out of prison.
GBM shamelessly (ab)used his position as minister of defence to award tenders to his own companies. Whether said companies delivered as per tender details or not is not relevant. There is a serious conflict of interest at the point of whom the tenders were awarded to, a conflict that disadvantages the Zambia Army but favours GBMs companies. This conflict overrides all other considerations.
Ba Mwamba, sometimes there is honor in keeping your mouth shut!
Emanuel mwamba you are a fool.giving yourself a contract as a public officer is illegal and so it is theft.
Misguided thinking. How can one make an illegal act legal? Some of these Politicians don’t make sense with their illogical statements. It is like they are losing their minds.
Do they even reason within themselves before making some of these ridiculous statements?
You can not legalize a criminal offence. Why was the sentence up held, and a request made in court for a lesser tenure? f If the offence was not serious he would have been let go.
Thanks, most of these PF politicians see government as mana where they can just go and get anything. That’s what Kaseka made them to understand. To them they don’t need talent or skills. That is what Kasaka meant when he said ubomba mwibala! It was an open invitation to all the looters. They don’t respect any public property.
The crime GBM committed is that he acted as consultant and was paid, while being Minister of Defence.
What goods did GBM deliver? Insider information to aid a supplier to get a contract? Basically a “kickback?”. So he stole information or used his position as minister for personal gain?
Mr. Mwamba, so you want us to get back the stolen information that GBM sold? How?
Bane…olo ku bomba mwibala….GBM used that money, so as Zambians GBM abused his position of trust and enriched himself. We as Zambians will go for his cash or assets, period.
Mwamba is just being a crook by calling theft or abuse of office by another name. But the man like the klepomanics he hangs around with is a crook. Kawalala.Mwambas