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Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.
JULY REVIEW
The seventh month of the year, 2024, recorded the conviction and sentencing of prominent political figures. For others, they were found with a case to answer and placed on their defence.
The People v. Francis Muchemwa
In July 2024, Francis Muchemwa, also known as Commander 2, a loud political figure during the Patriotic Front government, was sentenced to three years in prison.
His properties, including his home, were forfeited to the state. Lusaka Chief Resident Magistrate Davies Chibwili ruled that Muchemwa’s properties, valued at over K12 million, were proceeds of crime following his conviction.
The Anti-Corruption Commission (ACC) had applied for the forfeiture under the Forfeiture of Proceeds of Crime Act No. 19 of 2010. Muchemwa was convicted of possessing properties obtained through proceeds of crime and sentenced to three years imprisonment with hard labor.
Additionally, he was fined K141,400, and his two companies were fined a total of K800,000. The forfeited assets included properties L/26393/M, L/26394/M, and a motor vehicle BAR 9059 ZM.
The People v. Ronald Chitotela & Others
Ronald Chitotela, the Patriotic Front (PF) Pambeshe Member of Parliament, faced a severe sentence of not less than 10 years after being found guilty of arson by the Kawambwa Magistrates’ Court. While Chitotela’s Kawambwa counterpart, Nixon Chilangwa, was acquitted of arson charges, he was not spared from the law. Chilangwa was found guilty of malicious damage and received a five-year sentence. Furthermore, he was sentenced to an additional 11 months for threatening violence and 18 months for occasioning actual bodily harm. These sentences would, however, run concurrently.
Chitotela, although acquitted of charges related to threatening violence and assault occasioning actual bodily harm, awaited the High Court’s decision on the arson charges. This case involved a trial where Chitotela, Chilangwa, and five others stood before Magistrate Martin Namushi at the Kawambwa Magistrates’ Court.
They were charged with arson, threatening violence, malicious damage to property and assault, all allegedly committed during the August 2021 general elections.
The others involved in this trial were Kalumba Chifumbe, Davy Kaniki, Chabu Chitotela, Charity Musantu, and Kunda Chitotela. Chifumbe was sentenced to five years for malicious damage to property, threatening violence and threatening actual bodily harm. Kaniki and Kunda Chitotela were found guilty of arson, while Musantu was acquitted of all charges and walked free. Magistrate Namushi denied the bail applications for Chilangwa and Chifumbe, citing unconvincing reasons for their release. The defense team appealed to the High Court.
The People v. Bowman Lusambo
Former Lusaka Province Minister, Bowman Lusambo, was found with a case to answer in two counts of possessing property suspected to be proceeds of crime. This ruling came just 24 hours after Lusambo and his wife, Nancy Manase, were found with a case to answer in 10 counts of concealing property suspected to be proceeds of crime, tax evasion and conspiracy to defraud. Lusaka Chief Resident Magistrate Davies Chibwili made the ruling, stating that the evidence presented established a prima facie case against Lusambo.
According to the investigations officer’s analysis, Lusambo’s financial records showed a discrepancy between his legitimate income and the value of his properties, raising suspicions that the properties may be proceeds of crime. Lusambo faced two counts of possession of property reasonably suspected of being proceeds of crime, contrary to section 71 of the Forfeiture of Proceeds of Crime Act No. 19 of 2010.
The properties in question included an incomplete block of six flats in Chamba Valley, Lusaka, valued at K22.8 million, against Lusambo’s known legitimate income of K8.5 million. Lusambo and his wife were expected to open their defense this month.
Thom Shamakamba v. O’Brien Kaaba
Thom Shamakamba, the former Director-General of the Anti-Corruption Commission (ACC), filed a US$500 million libel lawsuit against Dr. O’Brien Kaaba and the Daily Revelation newspaper. Shamakamba alleged that their recent publication had severely tarnished his reputation. Describing himself as a lawyer with 27 years of unblemished service, Shamakamba claimed that the July 15-16, 2024, edition of Daily Revelation had irreparably damaged his standing. The front-page headline read: “ACC DG MUCHENDE GETTING KICKBACKS – BOARD MEMBER,” with a subheading alleging that Shamakamba’s appointment was orchestrated by corrupt officials aware of his questionable character.
According to Shamakamba’s complaint filed in the Lusaka High Court, the publication, falsely depicted him as a corrupt individual involved in illegal activities.
The article suggested that Shamakamba, as the former Director-General, was part of a corrupt syndicate and incapable of effectively combating corruption. Shamakamba claimed to have received numerous international calls from government officials in countries such as Namibia, Ireland, Burkina Faso, Malawi, South Africa, Ivory Coast, Ghana and the United Kingdom following the publication of the article. These communications, he argued, demonstrated the global reach of the defamatory claims and the consequent damage to his professional and personal life.
He further contended that the article’s dissemination through social media platforms added to the harm, lowering his reputation among his peers, family, and community. Shamakamba sought $500 million in damages, citing severe embarrassment, mental anguish, and professional damage. He also demanded a retraction of the article, a public apology in a widely circulated newspaper and on a prominent Facebook page, and both exemplary and punitive damages. In support of his claim, Shamakamba cited an interview with Dr. Kaaba, a former ACC board member, published in the same edition of Daily Revelation, which accused him of colluding with Solici
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