ACC probes Chitoba over properties

ACC probes Chitoba over properties
By Inonge Noyoo
Wednesday April 30, 2008 [04:00]

THE Anti-Corruption Commission (ACC) is investigating suspended DEC commissioner Ryan Chitoba for having properties not proportionate to his income. ACC director of investigations, Edwin Sakala revealed the development in court while clarifying allegations by Chitoba that K10 million reserved for legal fees had gone missing after ACC officers conducted a search at his Kafue residence.

Chitoba had complained that K10 million went missing following a search by ACC officers at his house while he was attending court.

But Sakala denied receiving reports of the missing money from Chitoba.
Sakala said he was aware that one of his senior investigating officers, Foster Hamuyube, had conducted a search at Chitoba’s house.

He said the search was not connected to the theft charges Chitoba was facing before court but was an independent search related to violation of section 37 of the ACC Act.
Sakala said under the ACC Act, there is a possible offence if a person in public office and in a controlling position has properties not proportionate to their income.
He said the commission had received information suggesting that Chitoba had properties not proportionate to his income.

Sakala said the investigators went to Kafue to survey and do an evaluation of the properties. He said the investigations had not yet been concluded.
He further told the court that the search was authorised by the ACC director and a court warrant was obtained.

Sakala said the ACC officers were accompanied by three police officers provided by Kafue police.

And Hamuyube told the court that he followed the procedure before leading a team of seven experts from the Ministry of Works and Supply to evaluate two properties, a house at plot number KAF 1186 and a small holding, belonging to Chitoba.
Hamuyube said the search party was accompanied by the maid and a Mr Aggrey Chisenga who was found on the property after Chitoba’s wife declined to be present during the survey.

Meanwhile, principal resident magistrate, Charles Kafunda refused to adjourn the matter despite Chitoba’s plea that he needed his lawyers (Mwangala Zaloumis and Rabson Malipenga) to be present.

Magistrate Kafunda said the lawyers had not communicated to the court to explain their absence and their absence was inexcusable and serious.
Chitoba is jointly accused with his deputy Jacob Koyi and commissioner for administration and training, Charles Ndulumina.

They are charged with 20 counts of theft by public servant contrary to section 272 and 277 of the Penal Code chapter 87 of the Laws of Zambia. It is alleged that the trio being persons employed in the public service at DEC between May 2006 and April 2007 jointly and whilst acting together did steal over K345 million, property of the government which came into their possession by virtue of their employment. The matter comes up today.