Late President Sata cleared me of all charges, I should be released – GBM
INCARCERATED former Defence Minister Geoffrey Bwalya Mwamba commonly known as GBM has asked the Lusaka High Court to grant him leave to adduce a letter given to him by late former President Michael Sata which exonerates him of all his corrupt charges.
Mwamba said he wants the evidence to be determined by the High Court because the subordinate court denied him to tender it as part of evidence.
In an affidavit in support of summons, Mwamba said he gave oral evidence to the effect that he declared his interest in writing as required in the contracts and that the late President Sata cleared him and all investigations were closed.
He submitted that he was declined an opportunity to produce a letter which was written to him by the late Sata dated Feb 12 ,2013.
“In the said letter, I was informed that I was exonerated from all allegations of corrupt practices and conflict of interest in relation to contracts awarded to Curzon Global limited by the ministry of defence,” he filed.
Mwamba told the court that he kept the said letter where his interest were declared and made effort to produce it before the trial court but it was rejected on account that he allegedly did not lay a proper foundation when producing the document.
Mwamba further submitted that the trial court denied him an opportunity to produce the documents marked GBM1, GBM2,GBM3 and GBM4, which contains appropriate evidence.
“This is the appropriate court which can admit the said documents as further evidence and no prejudice shall be occassioned on the state once these documents are produced and admitted as further evidence,” he said.
Mwamba said the documents marked GBM1,GBM 3 and GBM 4 are answering all the charges relating to conflict of interest which he was charged with by the State among other offences and the same are crucial to the determination of the appeal by the court.
“The document marked GBM2 was not produced by the prosecution in a bid to secure a conviction as the said document exonerates me from wrong doing and shows that investigations should not have been opened for the second time.”
He said it was unprocedural and unethical for the prosecution not to produce the document marked GBM2 which the prosecution had in their possession during trial.
Mwamba contends that if the said document was produced in the trial, he was not going to be convicted.
“The documents once admitted have the potential to over turn the decision of the trial court and the same will enable the court determine the appeal on its merits.”
“This court has the authority to hear and grant this application,” he shared.
Mwamba said by admitting the documents into court and allowing the same to be part of the record of appeal will enable him to be fairly heard by the independent and impartial court.
“The interest of justice demands that this court grants me leave to produce the documents so that the appeal is heard in a just and correct manner and on its merits,” Mwaba stated.
Mwamba, was on October 9, last year sentenced to five years imprisonment with hard labour. In 13 of the 24 counts he was charged with failure to declare interest and money laundering charges.
By Lucy Phiri
Kalemba March 14, 2025
GBM do you think that arguement would hold in court?
Sata is not the courts of Zambia. If anything you dragging his name into all this just makes him complicite to the crime and will force inveatigators to dredge up issues instead of letting the man RIP.
Getting new evidence in an appeal? This I have to see…these pfools didn’t even realize that when chinzombo or what ever his name is didn’t appeal any of ecl’s previous rulings but started a completely new one, hello!!!!!!
The late Sata’s letter is inadmissible as extrinsic evidence. GBM needed to produce a document which he authored and signed himself declaring interest not other people writing falsehoods for him.
Well said
That’s just a bigger thief exonerating a smaller thief so that they can eat together which means nothing.
Legally speaking I would have thought prerogative powers only works after one is convicted of a crime and hence serving a sentence. Then the President can look into some warranting circumstances as advised by correctional authorities.
In this case there has been nothing on record to show of any kind of arrest and subsequent conviction till now.
How did the former President make this work without the initial involvement of the Judiciary. Is it not more important to depend on an acquittal from the Judicial branch then a questionable pardon from the Head of State whose duty it is to uphold the very institutions which govern us all.
This tongue twister of strange law makes my head spin in four different directions at the same time. Either animal farm is real or we have been taught a lie all along. That is to say all are equal before the law.
These are very strange and desperate times we are living in. It is like this crazy notion that world leaders can gamble with the lives of their citizens just to proof a point that they can be stubborn. Be it Ukraine or DRC it always ends up in peace talks after millions have paid a price for this foolishness.
Why not creat a ring where this leaders can fight it out themselves and punch themselves silly if that is what it will take to spare lives. Some speak tough on the mics but can be absolutely clobbered in this imaginary fighting ring of mine.
What I mean to say is that politicians left uncontrolled can be reckless. They will always hid their children in safe places while advocating for other people’s precious kids to go die for their silly goals.
Let there be equality so we all answer to the wrongs willfully created. Let us use agreed constitutional laws. I pen down here.
We all remember when Mwamba was fired by Sata for getting involved in factional fights on who was supposed to take over from Sata for supporting GBM. As we are aware GBM was not given a nolle nor did the Director of PP decide not to prosecute. The imaging of this letter from Mwamba has nothing to do with the charges put to GBM. If anything Mwamba should help the government to explain the origins of this document, how it was found in his possession and also on how a deceased person could have written that letter and also explain why in the absence of a nolle, refusal to prosecute and the absence of Sata makes him think that the document in his possession is legally binding and authentic above all.
Infact the ACC official who led this investigation should be charged and imprisoned. Subverting the course of justice. Period, that in itself is a crime. A “hairbrain scheme to let criminals go scot free while peasants serve their time. Sometimes GBM must think we are stupid. Where are the Police and LEAs on the person that led this investigation and wrote this letter. When serving Public office, dont be peoples tools to do silly things like this. What an embarassment to Sata. Cage the persons who were involved in hashing up this nonsense.
How can a sitting president clear one of these serious charges? Sata (MHSRIEP) assumed the role of a court of law. What a circus!
And the man was a cop in the colonial times? We need to dig up if the man even paid for those Avondale Houses that he was sued for, and somehow won the case. Sata and his antiques are coming to haunt him from his grave.