PS’s Kawana and Mutambo Interference with investigations
The government of President Hakainde must do the right thing and stop attempts to trivialize and bury the abduction of Petauke Member of Parliament Hon. Emmanuel Jay Banda.
He has now been held against his will for more than five weeks.
Zambian Member of Parliament Emmanuel Banda, also known as “Jay Jay,” was reported missing on May 26, 2024, after he disappeared from the capital city of Lusaka in unclear circumstances. Jay Jay Banda has gone through three abductions since.
From day 1 the state has been acting in a very peculiar way regarding his case. Various press conferences have been held and all of them gave no updates on investigations. All the press conferences by government officials from permanent secretaries, ministers and even the Republican President have concentrated on trying to besmirch the name of the victim, Jay Jay BANDA.
Absolutely no investigations have been made relating to people named by Jay Jay Banda as having played a role that requires explanation.
The second abduction from Medland Hospital that Jay Jay and his family sought to have him attended to was raided in the early hours of the 28th May 2024 by a very large contingent of heavily armed police and state security officers.
The State stopped access to Jay Jay at Maina SOKO Military Hospital until after massive pressure and intervention by the Human Rights Commission. This raises the yet unanswered question as to why this was done to someone who was not under arrest.
The sister to Jay Jay BANDA revealed that none less than Jacķ Mwiimbu, the Minister of Home Affairs and Internal Security, was at Medland Hospital at 02:00 hours where she knelt down on her knees asking him to stop the security officers from taking her brother away. She says he ignored her pleas. He has not denied this in his many public statements and pressers on this issue. More importantly he has not explained what his role was when Jay Jay was abducted from Medland Hospital.
The third abduction of Jay Jay was from Maina Soko Military Hospital, in his pajamas, to the Command Centre at Sikanze.
At the Command Centre Jay Jay, during his interrogation, did name people he felt were connected to his abduction and torture. The government, instead of investigating the abduction of Jay Jay, have from day one been trying to ensure that he does not directly tell the people what he went through.
Government officials from Permanent Secretaries to the Home Affairs and Internal Security Jack Mwiimbu have gone out of their way to brazenly lie that Jay Jay never named anyone.
Even if Jay Jay had not given names to the police (which he did as I was present when he did) investigators the world over investigate even anonymous tips that they receive. Here in Zambia allegations which are not even annonomous are swept under the carpet. Even if the allegation was made today, immediately the allegation comes to their notice they MUST investigate it. Instead the State digs up a case dealt with ten years ago after direct instructions from President Hakainde.
The audio of Permanent Secretaries Thabo Kawana and Dickson Matembo trying to intimidate coerce and bribe Emmanuel Jay Banda requires the immediate resignations of the duo or for their appointing authority, the President of the Republic of Zambia to immediately fire them. Jack Mwiimbu also has to do the decent thing and apologies for scandalizing and maligning me over this issue.
Since I knew that reducing this important matter into a “he said and I say” would not settle this matter I put the interests of Jay Jay to be the focus.
The series of recordings that will be unleashed will expose the lies and criminality of this government. Yes, there are many more recordings with various officials that will definitively clear up who was telling the truth and who was lying and hiding the truth.
The government officials are weaving themselves into an inescapable web of lies. It is clear that Jack Mwiimbu is at best clueless as to what his Permanent Secretary is doing and what the police know or, God forbid, he made his statements on the matter with the full knowledge that his very own Permanent Secretary was embarking on a scheme to pervert the course of justice.
Jack Mwiimbu must tell the nation as to when he first learnt of the conversation his permanent secretary had with Hay Jay, who informed him of it, what he has done about it and if he endorses the attempts made to have Jay Jay recant his allegations.
The Minister of Home Affairs and Internal Security mus also inform the nation if and when he informed the President about the activities of his permanent secretary.
The audio is clear evidence of interference with police investigations. The duo repeatedly try to get Hon. Emmanuel J. Banda to retract his naming of Clayson Hamasaka and Levy Ngoma to having been at the site where he was taken after his abduction.
It would appear that they are not concerned with Trevor Mwiinde the UPND Deputy Youth Chairman who was also named. It is clear that it is the persons who are at the side of Republican President, Hakainde Hichilema who are of concern for the two Permanent Secretaries. Kawana is in charge of imaging the President and his government whilst Matembo is in charge of the police.
The panic and desperation of the two is clear for everyone to hear. It explains why, over the abduction of Hon. Emmanuel J. Banda, there have been so many press conferences by not only these two permanent Secretaries but even Home Affairs and Internal Security Minister Jack Mwiimbu right upto none less than President Hakainde himself.
The abduction case of Hon. Emmanuel J. Banda has seen the most peculiar response by any government to a reported serious crime. Instead of genuine investigations we have seen blatant attempts to cover up this case and clear attempts at interfering with investigations.
Interference with police investigations refers to any actions that hinder, obstruct, or impede a law enforcement agency’s investigation into a crime or alleged crime. This can include:
Tampering with evidence
Intimidating or threatening witnesses
Providing false information or misleading statements
Concealing or destroying evidence
Attempting to influence or bribe investigators
Interfering with a police investigation is a serious offense and can result in criminal charges, including obstruction of justice or hindering a law enforcement investigation.
Examples of interference with police investigations include, but are not limited to, a suspect’s friend, work colleague, family member or someone related or connected in anyway to the suspect, attempting to intimidate or silence a witness. It is also interference if that person starts or attempts to destroy or hide evidence related to a crime.
A person encouraging or coercing through bribes, threats or any means to provide false evidence or misleading information to investigators is committing a serious crime. It is clear what Kawana and Matembo were trying to do with Jay Jay’s evidence was to encourage false or misleading evidence.
It’s important to remember that interfering with a police investigation can have serious consequences and can hinder the ability of law enforcement to solve crimes and bring perpetrators to justice.
In Zambia, the laws that deal with interference with investigations make fabrication of evidence by any means other than perjury or subordination of perjury ; or knowingly making use of such fabricated evidence an offence punishable by imprisonment for seven years.
Our laws make Obstructing or hindering a police officer in the execution of their duties an offence just as Concealing or disposing of evidence under our laws is also criminal .
These laws aim to ensure that investigations are conducted fairly and effectively, and that those who interfere with investigations are held accountable.
Offering a bribe to a witness in exchange for their silence, recantation, or false testimony can be considered interference with investigations. This is a form of obstruction of justice, as it attempts to influence the witness’s testimony and undermine the integrity of the investigation.
In Zambia, offering a bribe to a witness is a criminal offense under the Anti-Corruption Act, Chapter 112 of the Laws of Zambia. Section 24 of this Act states that:
“A person who offers, gives, receives, or solicits a bribe to influence a witness in a judicial proceeding commits an offense.”
Similarly, attempting to induce a witness to withhold testimony or provide false testimony in exchange for favorable treatment in another matter is also a form of interference with investigations. This can be considered a form of obstruction of justice, and may be charged under the Penal Code or the Criminal Procedure Code.
It’s important to note that witnesses have a duty to tell the truth, and attempting to influence their testimony through bribes or other means can have serious consequences for the integrity of the investigation and the administration of justice.
The audio which is trending clearly exposes the two Permanent Secretaries. The problem is how will the police investigate and arrest their bosses? The Anti Corruption Commission must interview and investigate not only these two Permanent Secretaries but their bosses as well.
Heads must start rolling. If the President freezes over this audio revelation he would not have stopped the buck and the buck will stop with him.
SAKWIBA SIKOTA SC.
7th July 2024
BaSaki your rubbish attempt to come up with this fake abduction has now backfired you picked the wrong pfidiot for job. Your idiot you say has started shitting matumbo just by the thought of now being locked up! Shame on you!!!!
We Chipenfu iwe, you have not followed what is happening by this criminal government? Whoever gave birth to you must be regretting.
Thabo kawana has long been known to be a master liar and very capable of such things but now to drag his fellow PS into this scandal the guy is going to regret if he is fired.