Kampyongo surrenders to tears as court jails wife

Kampyongo surrenders to tears as court jails wife

A MOMENT of relief for former home affairs minister Stephen Kampyongo as he was cleared of all charges related to illegally acquired properties yesterday, was eclipsed by the conviction and subsequent three-year jailing of his beloved wife, Wanziya Chirwa.

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The Economic and Financial Crimes Court cleared the Shiwang’andu PF lawmaker of all charges but his wife, a chief infrastructure planner at the Ministry of Youth, Sports and Arts was not as fortunate.

Mrs Kampyongo was handed a thee-year jail stay for possessing four flats in foxdale area, land and millions of Kwacha in two different accounts, which were said to have been irregularly acquired.

The Kampyongos were jointly charged with 12 counts of possessing properties worth K28, 701, 500 dotted across Lusaka, suspected to be proceeds of crime.

As the court pronounced its verdict, the former minister, known for his composure, struggled to contain his emotions.

Kampyongo’s face crumpled as his his hands instinctively rose to cover his eyes.

In her judgment, principal resident magistrate Sylvia Munyinya said she had no reason to conclude that Kampyongo and Chirwa’s properties in Eureka, Ibex Hill, Chifwema, lilayi and meanwood were tainted.

She said the Couple gave plausible explanations in some of the counts which she found reasonable especially that she had an opportunity to view the properties.

“I find no reason to conclude that it was acquired through proceeds of crime but through legitimate funds. Doubt exists as to whether the property is tainted. I find Stephen Kampyongo not guilty and I acquit,” Magistrate Munyinya said.

She also acquitted his wife in four counts but convicted her on five counts.

In count seven, eight and nine magistrate Munyinya said the explanation by Chirwa that she sold livestock, smoking machines and that she would train people in farming, did not hold water as she did not produce sufficient evidence.

“The explanation that she acquired funds from the farm is not proved consequently I find her guilty and I convict her,”magistrate Munyinya said.

“She cannot say she sold other properties to acquire other property she has failed to satisfy me that the prosecution had no reasonable doubt to suspect that the property was acquired through crime.”

On the claims that the funds in her bank accounts were derived from the farm produce and livestock that she sold, magistrate Munyinya found the statement to be lacking in merit, as no evidence was produced apart from pictures of a fishpond with fishes.

She said the claims that the money was rentals deposited by the tenants does not reflect on her on her bank statements therefore income derived from the flats is tainted.

“She did not produce enough evidence and in the absence of such even the proceeds derived from property that is tainted is also considered tainted. I find her guilty and convict her accordingly,”said magistrate Munyinya.

“Her training of 300 people apart from her word, there’s no evidence that she trained people as she did not produce evidence. I find the explanation that she earned K4.8 million from other activities unsatisfactory. I find Stephen Kampyongo not guilty on all the counts and I acquit him forthwith. I find Wanziya guilty and convict her in count seven, eight, nine, 11 and 12.”

Despite having been acquitted, Kampyongo was frozen in the moment and could not leave the accused’s dock as he stood by his wife, wishing he could go in on her behalf instead.

Her lawyer, Leon Lemba requested that the matter be stood down for 10 minutes before mitigation.

With his eyes red-rimmed and puffy from tears, Kampyongo silently left the dock and collapsed onto a wooden bench in the gallery, surrendering to unrelenting grief.

Kampyongo’s pain became the focal point in the courtroom as friends including Given Lubinda, Emmanuel Mwamba, and Lukas Simumba, rushed to his side, offering comforting words.

Chirwa who sat on a bench in front of him removed her gold pieces of jewelry and put them in her hand bag, as her friends comforted her and whispered words of encouragement.

In mitigation Lemba asked the court to consider imposing a fine and not a custodial sentence.

“The now convict is a first offender and is entitled to the leniency of the Court. Section 71(1) of the Forfeiture of Poceeds of Crime Act paragraph (a) only provides for a maximum sentence it does not provide for a mandatory minimum,” he said.

“Subsection 1 paragraph (b) has contemplated a fine where the convict is the first offender. The court having no restrictions to a non mandatory sentence can impose a non-custodial sentence.”

Norman Siwila requested the Court to exercise leniency in imposing the sentence.

“The reason for dealing with first offenders leniently, is in the hope that a severe sentence is not necessary and that a lenient sentence would be sufficient to teach a previously honest man a lesson. In view of that decision we implore this court to exercise its utmost leniency in handing down the sentence,”he said.

In handing down her sentence, magistrate Munyinya sentenced Chirwa to three years simple imprisonment for posessing four (4) housing units which sit on property numbers F/609/E/77/A48 and F/609/E/77/A485 located in Foxale Lusaka valued at K4, 200, 000. 00, property number L/2131/M/A/2/C1/11 valued at K1, 500, 000. 00, property number L/2131/M/A/2/1/10 valued at K1,500, 000. 00 located in Ibex Hill, K791,000.00 in account number 0041060000068 held at Indo Zambia Bank and K4,936,500.00 in account number 0041030000816 held at Indo Zambia Bank.

She said the sentences in the five counts will run concurrently effective September 27, 2024.

ACC prosecutor Virginia Tembo further requested that the properties and money be forfeited to the State.

But Lemba said since there was interest in the properties by Chirwa, it was ideal that the State files a formal application.

Magistrate Munyinya reserved ruling for October 29.

As Chirwa emerged from the Lusaka Magistrates Court holding cell to head to prison aboard an ash brown Toyota Rumion, her head and face was totally covered to avoid cameras…https://kalemba.news/local/2024/09/28/kampyongo-surrenders-to-tears-as-court-jails-wife/

By Mwaka Ndawa

Kalemba September 28, 2024.