MAGISTRATE WONDERS WHY CHILUFYA IS IN COURT
…if value of assets alleged to have acquired is less than legitimate earnings
By Agness Changala-Katongo
Lusaka Chief Resident Magistrate Lameck Mwale has wondered why Health minister Dr Chitalu Chilufya is in court if the the value of Assets is alleged to have acquired is less than his legitimate earnings.
Magistrate Mwale expressed the sentiment after Anti Corruption Commission (ACC) investigator Chimpampe Chipili Manda told him that the total value of Assets Dr Chilufya was accused of acquiring illegally was less than his legitimate earnings.
“Are you saying the assets are less than his known legitimate income or more?”He asked, as the the witness said it was less.
“Then what is wrong with that?” Magistrate Mwale asked.
According to Manda, the total value of the assets the minister is alleged to have acquired through proceeds of crime was K5, 542,500.
“Having done that your Honour, I looked at the total sum that Dr Chitalu Chilufya is alleged to have acquired through proceeds of crime. The total value of properties was K5, 542,500,” Manda explained.
The witness said since the minister was accused of paying cash for all assets, and he summed up the withdraws on Henry Court Yard Limited, where he is director and shareholder, and found the withdraws to be over K19 million.
This is in a case where Dr Chilufya is appearing before Magistrate Mwale on four counts of possession of property suspected to be proceeds of crime.
And during cross examination, Manda said he did not believe that Dr Chilufya committed the offence after he investigated and analysed the evidenced he gathered.
The witness also said he does not have evidence to show that the accussed paid K3 million to Kimula General Dealers for the purchase of Spark Guest House.
Manda could also not tell whether it was Dr Chilufya or Henry Courtyard Hotel who paid towards the purchase of Spark Guest House.
He further told the court that Dr Chilufya acquired a K2 million loan from Citizens Economic Empowerment (CEC) before the period in question which he was still paying for.
Meanwhile, Manda said being a minister and member of Parliament for Mansa Central, the positions which the accussed held, they came with emoluments as such he earned over K7.7million from December 2017 to April 2019.
Manda further testified that he established that Dr Chilufya was director and shareholder in Henry Courtyard Limited.
The witness also said he did not have evidence that the accused possessed USD 200,000 as alleged in one of the charges.
Manda said Dr chilufya never concealed shares as he openly bought them in Samfya Marines.
He said it could be dangerous to conclude that the accused bought the boat and never possessed USD 52,000.
The witness also said Dr Chilufya corporated during investigations and there was no belief that he hid anything.
He also said he could not tell the source of income for the properties Dr Chilufya is alleged to have bought.
Trial continues tomorrow.
It is alleged in the first count that Dr Chilufya on a date unknown but between December 1, 2016 and December 31, 2017 in Lusaka possessed US$200,000 which was used to purchase 6,000 shares in Samfya Marines and Tourism Services Limited from Den Daas Investment Zambia Limited, property suspected to be proceeds of crime.
In the second count, it is alleged that Dr Chilufya on a date unknown but between January 1, 2017 and December 31, 2017 in Lusaka possessed K270,000 cash which was used to purchase 2,000 shares in Samfya Marines and Tourism Services Limited from Leo Jonas Ngosa Investment Limited, property suspected of being proceeds of crime.
In the third count, it is alleged that Dr Chilufya on an unknown date but between January 1, 2018 and December 30, 2019 possessed K3,000,000 which was used to purchase Lot No. 365/366 also known as Spark Guest House situated in Mansa district of Luapula Property, property reasonably suspected to be proceeds of crime.
In the last count, it is alleged that Dr Chilufya on a date unknown but between January 1, 2017 and December 31, 2017 in Lusaka possessed US$52,000 which was used to purchase a passenger boat also known as Transport 32 from Smart Own FZE of Dubai in the United Arab Emirates, property reasonably suspected to be proceeds of crime.
Credit @ Daily Revelation