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The Lusaka Magistrate Court has dismissed an application in which Ndozo lodge proprietor Chrint Sichamba accused the Anti Corruption commission (ACC) prosecutors of being aliens.
Sichamba insisted that the officers were not appointed by the Director of Public Prosecutions (DPP) to prosecute criminal matters.
Sichamba through one of his Lawyers Willis Muhanga had challenged the legality of prosecutors from the Anti-Corruption commission (ACC) in prosecuting the case.
This is a matter in which Sichamba, his wife Eudora Nambela and son, David, are facing corruption charges involving over K781 million and more than US$10 million.
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In his application, Willis Muhanga asked the court to determine if the ACC prosecutors who have not been appointed by the DPP to prosecute the matter are qualified to do the job.
The defence further accused ACC prosecutors of being impersonators, and are not supposed to prosecute the matter, on an account that the DPP has not appointed them to do.
But the court dismissed the application on grounds that the ACC prosecutors were eligible to prosecute as the appointment by the Attorney General mandates them to do so.
“State advocates do not need to be appointed nor gazetted by the DPP. ACC prosecutors are appointed as state advocates by the AG. Section 2 of the criminal procedure code does not draw any distinction between state advocates from NPA or AGs chambers. Therefore, the application on whether ACC prosecute or not has been dismissed,” magistrate Irene Wishimanga ruled.
Details in all the counts are that Sichamba between January 1, 2015 and December 31, 2021 allegedly did possess properties ranging from bare land, double and single storey buildings, houses, flats, warehouse, shops, office space, chicken run, and piggery and fish ponds.
These properties are all located in Lusaka and Chilanga districts.
The accused persons took a fresh plea as two companies had been joined to the matter and more charges added.
The matter has been adjourned to March 6, for continuation of trial.
Recently, the Lawyers presenting Sichamba have challenged the legality of prosecutors from the ACC in prosecuting the case.
In their application, Muhanga and Chanda Chizwe asked the court to determine if the ACC prosecutors who had not been appointed by the DPP to prosecute the matter were qualified to do the job.
In this matter, Sichamba, his wife Eudora Nambela and his son David Sichamba are charged with corruption involving over K781 million and more than US$10 million.
Previously, the court added two accused persons in the name of Ndozo lodge Limited and Mulozi Trading Limited.
When the matter came up for fresh plea , magistrate Irene Wishimanga read all the 133 counts that were recently added and all the five accused persons pleaded not guilty.
The defense argued that the premise that powers to prosecute criminal matters rest in the hands of the DPP and there was no way the appointment by the attorney general can usurp that mandate.
Muhanga further submitted that there was no evidence before court that ACC prosecutors have been given legal powers by the DPP.
The defence further accused ACC prosecutors of being aliens, and are not supposed to prosecute the matter, on an account that the DPP has not appointed them to do.
“It is illegal for ACC prosecutors to appear before the court without having such an appointment from the Dpp,’’ the defence submitted.
In response, the ACC prosecutors argued that ACC is not a party in the proceedings but is appearing on behalf of the people.
They submitted that they were public protected that have been appointed by the attorney general and not the board of the NPA.
“We pray that issues raised that ACC prosecutors being aliens in these proceedings be dismissed for being frivolous,’’ the state submitted.
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