Xavier yet to pay K500m forfeiture

Xavier yet to pay K500m forfeiture
Written by Laura Mushaukwa-Hamusute
Tuesday, December 23, 2008 12:19:46 PM

FORMER Zambia Security Intelligence Services (ZSIS) director general Xavier Chungu has to date not paid the forfeiture sum of K500 million as per court order. And Chungu is on December 30, 2008 expected to take fresh plea in a case where he is currently charged with 169 counts of theft by public servant.

On December 9, Ndola High Court Deputy Registrar Jones Chinyama, sitting as magistrate in Lusaka, slapped the K500 million fine on Chungu for jumping bail in 2004.

Chinyama ordered that Chungu pays the said sum within 14 days from December 9, 2008 or go to jail for six months.

This means that if Chungu still doesn’t pay the money by tomorrow, the state would have to issue a warrant of distress for him to go to jail for six months and the warrant before being issued will have to be signed by Chinyama.

This is in a matter where Chungu was facing contempt charges for jumping bail.

In 2003, he was granted bail of K500 million with two working sureties in his own recognisance but Chungu fled the country and thus did not appear before court at the scheduled time.

The state then made an application for a bench warrant to be issued against him, which was granted and this bench warrant remained in full force till he returned to Zambia on December 3, 2008.

Chungu, through his lawyer Nicholas Chanda, told the magistrates’ court that he fled the country because his life was in danger.

But in making the ruling, magistrate Chinyama described as unacceptable and contemptuous Chungu’s behaviour, ordering him to pay the sum in question.

In another matter where Chungu is facing 169 counts of theft by public servant, Task Force prosecutor Fred Malambo told the Chief Magistrate at the Lusaka Magistrate’s Court Charles Kafunda that the state had intentions to substitute Chungu’s current indictment of 169 counts.

If the indictment is substituted, Chungu will take fresh plea based on the new indictment.

In response to Malambo’s application, Chungu’s lawyer Nicholas Chanda approved the application saying that way multiplicity of actions would be avoided.

And Chief Magistrate Charles Kafunda has allocated Chungu’s forgery and uttery of false documents case to Magistrate Joshua Banda.

When the matter came up, it was merely mentioned and Chungu will take plea before Magistrate Banda tomorrow.

In the matter, he is alleged to have used false names on the documents he presented to the authorities when he returned to Zambia from his self-imposed exile.

Chungu is currently in Lusaka Central Prison.