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”