MWAMBA GOES FOR CHIEF JUSTICE MUMBA MALILA
…as he urges the Supreme Court to vacate decision on Katele Kalumba and others and refer the matter to an independent hearing
By Correspondent
PF presidential candidate, Emmanuel Mwamba has called on the Supreme Court to vacate its recent judgement to jail former Finance Minister, Dr. Katele Kalumba and three others as the judges involved must have recused themselves in the case.
Mwamba said the judgement was a great injustice to the quartet as the matter was heard by Supreme Court Judges that should have recused themselves as they had handled these matters in the past when they held junior positions.
He said the case of Dr. Katele Kalumba, Stella Chibanda, Faustin Kabwe and Aaron Chungu was heard by Chief Justice Dr. Mumba Malila, Justice Jones Chinyama and Royda Kaoma.
He said as Attorney General, Dr. Malila sued Dr. Frederick Chiluba, Aaron Chungu and others in the London High Court over the same facts involving a security account, the ZAMTROP, held at the Zambia National Commercial Bank in London.
He said Dr. Malila is on record that he also provided regular guidance and counsel to the DPP on the matters involving the prosecution and recovery of assets related to ZAMTROP account.
Mwamba said for Justice Jones Chinyama, he was the Magistrate who jailed Faustin Kabwe and Aaron Chungu over the similar facts as co-accused persons when he acquitted former President Dr. Frederick Chiluba.
He stated that the proximity of the two judicial officer to the case was too close and they were too prejudiced to hear the appeal when it came to the Supreme Court.
Mwamba has called on the Chief Justice to vacate the judgement and re-constitute a fresh independent hearing by other judges to grant the appeal case a fair and just hearing.
And Mwamba said in this case, the Director of Public Prosecutions, Lillian Fulata Shawa-Siyuni refused to support the prosecution of the case because of how it was founded and prosecuted by her predecessor Mutembo Nchito as public prosecutor and later as DPP.
The DPP had submitted extensively that the case relied on allegations of corrupt practices and overpayment.
She submitted that there was no over-payment as all witnesses disputed this fact as alleged in the earlier prosecution and conviction.
She had also submitted that the renumeration received by Katele Kalumba and Stella Chibanda from the Zambia Security Intelligence Services was because of their role as secret agents of the service, a matter that was never rebutted.
Mwamba said the attempt to provide judgement in corruption cases for political expediency or a false boost to the anti-corruption corruption drive was an act of promting grave injustice as the corruption cases are won, not on the merit but as a consequence to be used as a weapon for political purposes.
The four were charged with offences related to the corrupt practices under the Anti-Corruption Act no. 46 of 1996.
In this case, former Minister of Finance, Katele Kalumba was accused of receiving a bribe of £4,000.00 to expedite payments to two USA based companies that had security contracts with the Zambia Intelligence Security Services ( ZISS).
Stella Chibanda as Director External Resource Mobilizationand later Permanent Secretary received $28,000 and a farm as gratification to process these payments through Bank of Zambia and ZNCB -London Branch to the two USA companies.
Faustin Kabwe and Aaron Chungu as Executive Director and Chief Executive Officer of non-banking financial institution, Access Financial Services held local accounts for the Zambia Security Intelligence Services that received some money from the ZAMTROP Account from London.
The companies; Systems Innovations and Wilbain Incorporation received about $25million under an MOU and security contracts for the supply and installation of communication, security systems and equipment.
Meanwhile, Amb. Mwamba has expressed reservation that the.Chief Justice invited the President to a judicial conference in Livingstone.
He also expressed concern that judges accepted invitation at State House during the celebration luncheon on the death penalty.
Mwamba said the Chief Justice was promoting an adulterous relationship with the Executive wing of Government that was detrimental to the doctrine of separation of powers.
He said the recent development hindered the growth of Democracy and the independence and autonomy of institutions.
He said judges only meet and mingle with the Head of State at the official opening of parliament as provided for in the Constitution.