Jail bird GBM to lose his property unless…
ON top of his jailing former minister of defense, Geoffrey Bwalya Mwamba now shoulders the weight of refunding the money he profited from the contracts, which were dubiously obtained by his company Curzon Global limited, in the ministry he served.
The Economic and Financial Crimes Court has ordered Mwamba alias GBM to repay US$899, 970 and K20,000,000 to the treasury, failure to which law enforcement officers will seize his property in order to recover the said monies.
Magistrate Stanford Ngobola has issued a payment order against GBM, as the obscene amounts of money were withdrawn from his accounts and he only has a K125,000 left.
The Anti-Corruption Commission made an application for payment and not forfeiture order under Section 15(a), of the Forfeiture of Proceeds of Crime Act No.19 of 2010.
Mwamba was convicted on October 9, 2024, on eight counts of conflict of interest, one count of money laundering and four counts of being in possession of property reasonably suspected of being proceeds of crime.
Following the conviction, ACC investigator Masautso Mwale instituted investigations to establish whether the money received by GBM, when he awarded contracts to his company whilst serving as minister of defense, was still in the various accounts held at Investrust Bank PLC and First Alliance Bank.
Mwale indicated that on November 8, 2024, he visited the liquidator for Investrust Bunk PLC at Mulungushi House, and conducted a search on the personal account of Mwamba and Germins Notarways Limited account, and he discovered that the closing balance as on November 8, 2024 in GBM’s account is K125,928.68.
He discovered that the Germins Motorways Limited account had since been closed.
The investigator said on November 11, 2024, he conducted a search at first Allance Bank PLC to ascertain whether the US$399,985.00 subject of count 10 of the indictment was still being held in the Arizona Marketing and Distributors bank account and he discovered that the closing balance as of November 11, 2024, was K127.38.
Mwale indicated that following his diligent search, he established that the monies that were being held in the said bank accounts were withdrawn.
“This Court having had convicted GBM in counts 10 to 13 of the indictment, of the offense of being in possession of property reasonably suspected to be proceeds of crime, has jurisdiction to make a forfeiture order in respect of monies,” he said.
“Under the circumstances, this Court has jurisdiction to make a payment order instead of a forfeiture order, in respect of the amounts the subject of counts 10 to 13. Prejudice would be occasioned on the State if GBM is not ordered to pay back all the monies, subject of counts 10 to 13.”
Mwale added that having been found guity of possession of property reasonably suspected of being proceeds of crime, it is amiss that GBM continues to enjoy the benefits denved from proceeds of crime.
“Section 15(a) the Forfeiture of Proceed of Crime Act No, 19 of 2010 empowers the court to order payment instead of forfeture, where it is satisfied that the forfeitable asset cannot be located after a diligent search,”he said.
GBM opposed the application for payment or forfeiture of funds, saying the same shouldn’t have been made on grounds that the Judgment upon which the ACC has based its application, is currently under appeal.
He said the application is premature and irregular as his appeal to the High Court is pending determination, and that should the application be granted before his appeal to the High Court is determined, he will suffer prejudice, in the event that the appeal succeeds.
“There ought to be finality in all matters before a forfeiture order can be made, and that to achieve such finality, there is need for the Courts to give way to criminal appeals to be fully heard and determined by an Appellate Court before such orders may be given,”GBM argued.
In his ruling, magistrate Stanford Ngobola said the court was rightly moved.
“I am satisfied that the forfeiture order should be made in respect of property of the Respondent pursuant to section 10 of the Forfeiture of Proceeds of Crime Act No, 19 of 2010, I am also satisfied that a due diligence exercise had been undertaken and the property subject to forfeiture order could not be located,” he said.
Magistrate Ngobola said the application dated November 18, 2024 succeeds.
I order payment to the Government of Zambia against the Mwamba herein, instead of forfeiture as follows:
That an order for payment be and is hereby issued in the sum of US$399,985.00 in respect of count 10, in default a warrant of distress is to be issued against the Respondent;
That an order for payment be and is hereby issued in the sum of US$499,985.00 in respect of count 11, in default a warrant of distress is to issued against the Respondent,” said magistrate Ngobola.
“That an order for payment be and is hereby issued in the sum of K10,000,000 in respect of count 12, in default a warrant of distress is to be issued against the Respondent; That an order for payment be and is hereby issued in the sum of K10,000,000 in respect of count 13, in default a warrant of distress is to be issued against the Respondent.”
GBM appealed against his five year-jailing before the EFCC (High Court Division) and the same is pending determination, as his case has not yet been cause listed.
Kalemba December 19, 2024
