Yamba denies allocating over K108 million to Zambian Mission in Turkey
FORMER Secretary to the Treasury, Fredson Yamba has told the Economic and Financial Crimes Court that he never allocated the transfer of K108,401,197 to the Zambian Mission account in Turkey and he did not play any role in the procurement of properties in Ankara.
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In his defence yesterday, Yamba testified before senior resident magistrate, Irene Wishimanga, Yamba also denied allegations that he was part of the procurement committee and never authorized the transfer to the Zambian Mission Account in Turkey for the procurement of real estate without following the law.
Yamba said he was not there in Turkey and never participated in the disbursement of funds and he never gave instructions to anyone to do so.
“I never authorized any funding anywhere at all. When the controlling officer transferred the monies, they were sent to the commercial bank Ankara.
In this case, Yamba is jointly charged with former Minister of Foreign Affairs, Joseph Malanji.
Yamba is charged with two counts of willful failure to comply with laid down procedures while Malanji is facing eight counts of being in possession of property suspected to be proceeds of crime.
Yamba in count one is alleged to have allocated and authorized the transfer of K108,401,197 to the Zambian Mission Account in Turkey for the procurement of real estate without following the law, in his capacity as Secretary to the Treasury on unknown dates but between January 1, 2020 and August 31, 2021 in Lusaka.
In count two, Yamba between the same dates, allegedly allocated and authorized the transfer of K45,800,000 to the Zambian Mission Account in Turkey for the procurement of real estate without following the law.
Commenting on count two, Yamba said he only approved to disburse funds from the consolidated funds to head 21 and the amount was K45,800,000 because it was his function to release the funds so that the controlling officer under head 21 can actually release the money.
When his lawyer, Luckson Mwamba asked him to explain a claim by senior DEC investigations officer Kwaleyela Mukelebai that the approval was not budgeted for, Yamba said there was a budget provision under loans and investments and was approved by Parliament.
Meanwhile, Yamba said according to the 2020 Auditor General’s report, there was no mention anywhere in the report of an audit query that was raised over the disbursement of K108,400,197.
He said a provision of K1,543,874,531 was made to cater for the operations of the ministry against which amounts totalling K1,263,275,368 were released, resulting in an underfunding of K280,599,163.
“This means that against the budget provision of K1.5 million, the funding was K1.2 million. So there was no over funding instead less fund was funded against the budget provision.”
“There was also a balance of K51,554,243 sitting in other accounts. Clearly there was no unconstitutional expenditure under this particular head of expenditure,” he said.
He said according to the 2021 Auditor General’s report, the accounts which were audited by the AG were clean and he did not find unconstitutional expenditure under head 21.
“The response was positive under both head 17 and 21,” he said.
Yamba further said former Foreign Affairs Permanent Secretary (PS) Ronald Simwinga is the one who was supposed to be charged in the matter because he was the one who awarded the contract.
“The prosecution is talking about myself as Secretary to the treasury and how the funds were disbursed, am surprised when the persons who were involved are not charged because they are known.”
“Dr Ronald Simwinga chaired the procurement committee meeting. Why not charge him? We have the Accountant at Ministry of Foreign Affairs, Mr. Sam Sankenda making a testimony that they made the payments with the vendors, the lawyers, estate agents. Are you telling me the prosecution doesn’t know these?” Yamba said.
He further questioned the prosecution why they charged him without telling him which one of his function he performed contrary to the provision of the act.
“How do you charge me for a function that I wasn’t performing? I find it stranger than fiction for lack of a better term. How do you criminalize an office? I find it strange and shocking. I appoint a controlling head and you tell me it’s a crime yet it’s my function,” he said.
He said the one who was supposed to ensure compliance was the former Budget and Economic Affairs at Ministry of Finance, Emmanuel Mulenga Pamu not the Secretary to Treasury.
“I never breached article 203 of the constitution, as senior Drug Enforcement Commission (DEC) invesgations officer, Mr. Mukelebai put it, it is the function of the Minister of Finance to present. I cannot be charged with the function of the Minister of Finance. I wasn’t Minister of Finance but Secretary to the Treasury. So, Mr Mukelebai, I think missed the point on that issue. It is not my responsibility but the minister of finance,” Yamba told the court.
By Lucy Phiri
Kalemba February 14, 2025