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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.
NOVEMBER REVIEW
The month of November was eventful in Zambia’s judiciary, with politically exposed figures navigating intense legal battles. Here’s a recap of the major developments:
ACC V Bowman Lusambo
Former Lusaka Province Minister Bowman Lusambo joined the growing list of ex-Patriotic Front (PF) officials convicted of corruption.
Lusambo was sentenced to four years with hard labour and fined K9,000 for three counts of tax evasion.
His conviction involved acquiring properties unlawfully, transferring them to third parties without proper resolutions, and evading property transfer taxes.
Among the cases highlighted was his sale of property L/39876/M for K880,000 and the use of K880,000 from suspicious sources.
Among these, he was convicted for unlawfully acquiring property L/39876/M, which he later sold for K880,000.
In a related charge, Lusambo was found guilty of possessing K880,000 deposited into a third-party account, funds suspected of originating from unlawful activities.
Additionally, he was convicted of tax evasion for failing to remit property transfer tax on properties transferred to Mbachi Nkwazi for USD 150,000 and USD 85,000, respectively.
Magistrate Hamaundu determined that the decision to register properties in Nancy’s name was an attempt to disguise Lusambo’s ownership.
Meanwhile, Lusambo’s wife, Nancy Manase, was acquitted after the court found insufficient evidence proving her knowledge or control over the controversial properties.
GEOFFREY BWALYA MWAMBA VS AG
The Economic and Financial Crimes Court denied former Defence Minister Geoffrey Bwalya Mwamba’s bail application despite his deteriorating heart condition.
Mwamba, sentenced to five years for conflict of interest, had pleaded for release to access specialised medical care in South Africa.
The court, however, ruled that his appeal lacked prospects of success and granting bail solely on health grounds could set a dangerous precedent.
Principal State Advocate Angelica Kennedy-Mwanza argued that local facilities could address his health concerns.
ESTHER LUNGU V DPP
Former First Lady Esther Lungu gained a legal victory when the Court of Appeal allowed her to challenge the forfeiture of her 15 luxury flats, valued at K66 million.
She argued that the Economic and Financial Crimes Court wrongly declared the properties “tainted.”
In a related case, her daughter, Tasila Lungu, was granted leave to appeal the forfeiture of her farm in Sinda, valued at K8 million.
ACC V STARDY MWALE
The Economic and Financial Crimes Court ordered the forfeiture of Simonga Farm, valued at K29 million, to the state. Former Defence Permanent Secretary Stardy Mwale was found to have acquired the farm with proceeds of crime.
The Anti-Corruption Commission (ACC) provided evidence showing Mwale purchased the property for $2.5 million through cash and bank transfers, violating anti-corruption laws.
The court ruled that ACC had established, on the balance of probabilities, that Simonga Farm was tainted property liable to forfeiture under the Forfeiture of Proceeds of Crime Act No. 19 of 2010.
ANDREW KAMANGA V AG
Football Association of Zambia (FAZ) president Andrew Kamanga filed a lawsuit against the state, demanding the return of his passport seized by the Drug Enforcement Commission (DEC).
Kamanga, arrested in April on fraud charges, claimed the restrictions infringed on his fundamental rights and caused financial and reputational harm.
He is also seeking financial compensation for the losses incurred due to his inability to travel.
KELVIN SAMPA V AG
The Lusaka High Court ordered compensation for UPND member Kelvin Sampa, who was detained for over seven days without a court appearance.
Judge Gaudentia Salasini ruled that the Inspector General of Police had violated legal detention limits and awarded Sampa costs for the unlawful detention.
CLAYSON HAMASAKA V SABOI IMBOELA
National Democratic Congress (NDC) leader Saboi Imboela was fined K25,000 for defaming State House Communications Specialist Clayson Hamasaka on Facebook.
Magistrate Sylvia Munyinya found her posts defamatory, noting they were viewed by thousands globally and lacked any supporting evidence.
Imboela on September 9, 2022 jointly and whilst acting together with other persons unknown, with intent to defame, unlawfully did publish defamatory matters “Against Clayson Hamasaka on a Facebook page called SABOI IMBOELA-SI stating as follows “his farm is being developed by the Chinese & is the character i said had permanent rooms and hotels, sleeping with women that want jobs in the UPND. You are the ghost terrorizing women.”
In the last count, Imboela on September 9, 2022, in Lusaka jointly and whilst acting together with other persons unknown, with intent to defame, unlawfully did publish defamatory matters against Clayson Hamasaka on her Facebook page called SABOI IMBOELA-SI as follows “Hamasaka was caught red handed by the wife muchigololo, even as we speak marriage ili pama rocks, but somehow u want to play a personal war with me? We shall see who will regret.
DPP v SENA PLUS INVESTMENT
The DPP filed a petition to seize over 2,000 units of illegally harvested timber and equipment belonging to Sena Plus Investment Limited.
Investigations revealed unmarked logs and machinery at the company’s premises in Lusaka, leading to the call for forfeiture under anti-corruption laws.
The DPP seeks a non-conviction-based forfeiture order of 1,898 Mopane logs, 152 Mukwa logs, 19 Mupapa logs, 40 planks, a forklift (serial no. TS 2510002-2016), four wood misers, and other equipment with serial numbers including 13700766055 1602-2016, GB/T11707-2013-170kgs 2019, and GBM/T11707-2013-183kgs-2022. Additionally, the DPP seeks the forfeiture of Sena Plus Investments Limited’s premises, located at plot number 185609 in Lusaka, as well as its trucks and other equipment.
SIMON MWEWA V AG
Social media blogger Simon Mwewa Lane narrowly avoided jail after his custodial sentence for malicious damage to property was overturned by the Lusaka High Court.
Instead, he was fined K6,000 for deflating a minibus’s tires, causing damage worth K4,600.
In a detailed judgment, Judge Mabbolobbolo acknowledged the errors in sentencing, noting that the six-month imprisonment was excessive for a first-time offender convicted of a misdemeanor. Instead, the court imposed a K6,000 fine, with a default penalty of three months’ imprisonment should the fine remain unpaid.Despite reducing the sentence, the High Court upheld Chitambala’s conviction.
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