I HAVE DEVELOPED RASH AND DIARRHEA IN PRISON, MUCHEMWA TELLS JOURNALISTS AS EFCC FORFEITS HIS PROPERTIES
LESS than three days of stay behind bars, jailed PF commander Francis Muchemwa had to be rushed to the country’s biggest health facility, the University Teaching Hospital (UTH) after he diarrhea and rash.
Worried prison authorities took Muchemwa for treatment yesterday and in the process delayed the Economic and Financial Crimes Court from rendering a ruling on the forfeiture of his tainted properties, which was subsequently made immediately he showed up.
Muchemwa was on July 26, 2024 sentenced to three years imprisonment with hard labor by the EFCC for possessing a luxurious house, apartments, land with incomplete flats, and two Faw trucks worth over K12 million which were way beyond his legitimate source of income.
He was also fined K141,000 for obtaining pecuniary advantages by false pretenses when he drew the said amount from ZESCO as subsistence allowances for the trips he undertook yet he never filed an imprest retirement report.
Lusaka chief resident magistrate Davies Chibwili ordered that the money would be paid to ZESCO as restitution, while Friltech Networks limited and Altitude Properties were fined K400, 000 each for jointly possessing tainted property with Muchemwa.
Anti-Corruption Commission senior prosecutor Daniel Ngwira had made an application pursuant to Section 4 of the Forfeiture of Proceeds of Crimes Act that the properties be permanently seized by the State.
Muchemwa’s lawyer Handson Talanti opposed to the application saying the properties are still a subject of active court proceedings before the EFCC (division of the ) High Court and the State can make an application at an appropriate stage.
Ngwira said the Court can proceed to make an order it deems appropriate not withstanding any civil proceedings before any competent court regarding the properties.
“In these proceedings there’s no appropriate time to invoke Section 4 we cannot sleep on our rights, this is the proper Court to make such an order,” said Ngwira.
In rendering his ruling magistrate Chibwili dismissed the objection by Talanti.
“I find no reason why the application should not be granted since the properties are the same on which the convict was jailed for. Since I found that the properties were tainted this court has the jurisdiction to render an order for forfeiture,”
“I find it reasonable to forfeit the properties and order accordingly that the house, apartments land with incomplete flats and two Faw trucks be forfeited to the State,”ordered magistrate Chibwili.
Defense lawyer Nathan Muyembe made application that the order be suspended, pursuant to Section 331(b) of the Criminal Procedure Code (CPC) pending determination of the appeal against the conviction.
In his two grounds of appeal Muchemwa said the Court erred in law and fact, when it convicted and sentenced him for failure to submit documentary evidence proving that his wealth was clean, on a technicality.
He also argued that magistrate Chibwili erred in law and fact when he filed him guilty for obtaining free money from ZESCO based on circumstantial evidence.
Muchemwa also applied for bail pending appeal.
Magistrate Chibwili reserved ruling for August 2 to allow the ACC to respond to applications by the defense.
After the session Muchemwa informed correctional officers that he would trek to his jailhouse at Lusaka Central Correctional facility as he did not want to be transported in luxurious vehicles provided by the ACC.
“Am under Correctional Service, am going to use transportation for correctional service if they are just going to take me in the car (white Toyota Hilux), am not going. Am going the same way I came (walking),” he said.
Donning a white ZESCO t-shirt Muchemwa who was second in command at intercity bus terminus, refused to be humiliated by the ACC, by handcuffing him under the guise of being offered comfort.
“And I will not jump in! am not going to be treated like any other person. If they come with the Kasalanga (prison truck), I would rather come in a kasalanga you understand, I will not take it like that everyday am being mistreated.
I just need officers from the correctional facility,”he said.
Muchemwa also confirmed to journalists of his skin having reacted to prison water since he was jailed.
He also disclosed that he was hypertensive and had loose bowels, hence the reason he was rushed to UTH for medical care in the morning
“It is true I reacted to the water I’ve got some kind of rush and am not feeling too well. I have got diarrhea am not so fine. I’ve got high BP,”said Muchemwa.
Kalemba
In grade 7 we used to call it exam fever. Now in your case it’s prison fever. wanya uzamuziba yesu
Muzako anayamba kunya matumbo, iwe wayamba kutulula kwasala kunya pwapwa. You pfools think you’re above the law not the chickens have come home to roost!!!!
Should I push a man who’s down already? There’s nowhere else to fall to sadly. Muchemwa is down. I won’t push him because he cannot fall any further.
Standard pfool procedure to avoid jail. He will apply to the courts to be allowed to go to treat his diarrhea in Dubai
Let this be a lesson that crime doesnt pay…all those “wanna be thugs” and little mafias this is what happens when you think you are above the law. You can the Police hungry lion, but when the law visits you prepare yourself. He is even lucky. 36months is not very long for the crimes and damage he did. Of the 9 properties he has 7 have been forfeited to the state. His family can rent and live off one; and live in another.
Sadly this is what that poor man that stole a chicken or a bag of mealie meal endures also. Muchemwa will adjust.
That is why it’s called prison. Do you think you were going to a hotel?