“We were arrested and charged over a property that does not belong to us,” testified Kampyongo over count 1
…..As the court overrules the state’s objection to admit a notice of termination by the defense counsel….
Court News for Tuesday, February 20, 2024
Former Home Affairs Minister Hon. Stephen Kampyongo testified today that he was surprised to be arrested and charged over a property that does not belong to him and his wife.
Speaking before Magistrate Silvia Munyinya, the Shiwang’andu Parliamentarian said he was introduced to Mr. Van Blerk, owner of a property in Eureka, by the late President Rupiah Banda, and an arrangement was made to make an offer to purchase the bare land situated right next to the late president’s residence.
“However, after making an offer, an agreement was drawn up, but along the way, a few issues arose. On September 17, 2021, I received a letter addressed to myself and my wife from Mr. Van Blerk, notifying us of the immediate termination of the purchase agreement.”
When asked why he brought this letter to court, Kampyongo testified that he would like to tender it in as evidence that the Anti-Corruption Commission arrested him over a property that did not belong to him.
“The copy has been in my possession since it was sent to me, and I wish to submit this document to the court as part of my defense. I was surprised that my wife and I were arrested and charged over a property whose contract was terminated.”
However, the state objected to this application because the document was a photocopy, not an original, and no foundation and explanation were made or presented before the court as to why the original copy was not available. The state argued that no effort was made by the witness with regards to having an original document, and that proof of diligent search was different from mere utterance and does not prove it was done.
In the defense counsel’s response, it was stated that foundation was made, and it’s not the defense’s fault if the state did not conduct their diligent search at the time of investigations.
However, in her ruling, Magistrate Muniyniya granted the defense’s application for the copy to be admitted as part of the defense evidence, as foundation was laid by the efforts the witness’s lawyers made in contacting Mr. Blerk, who was not present at the time of the request.
In January 2023, Anti-Corruption Commission (ACC) Acting Senior Investigations Officer Zangiwe Mulenga testified in court that the incomplete house located in Eureka, with a reinstatement value of K8.6 million kwacha, for which former Home Affairs Minister Stephen Kampyongo and Wanziya Chirwa were arrested, is not owned by the accused persons but by the vendor, Mr. Van Blerk.
The matter has since been adjourned to February 24 for continuation.
“it’s not the defense’s fault if the state did not conduct their diligent search at the time of investigations.”
This claim is absurd, was this letter registered on the property at the Ministry of land as Kampyongo having had a interest in the property? Kampyongo should have placed a caveat to register his interest. Beside this Van Blerk should be investigated for money laundering.
Kampyongo recieved a letter of offer. Termination occurred because Kampyongo failed to meet the terms of the sale. From the date, there must have been payments made. There is a fish smelling here….sumthing dodgy I say.