Maravi

Nyirongo goes in 4 years

Nyirongo goes in 4 years
Written by Maluba Jere
Saturday, February 14, 2009 9:40:58 PM

FORMER lands minister Reverend Gladys Nyirongo has been sentenced to four years simple imprisonment after the magistrates court found her guilty of abuse of authority of office.Principal Resident Magistrate Sharon Kaunda Newa sentenced Rev Nyirongo after establishing that she did abuse her authority of office.

This was in a case where Rev Nyirongo stood charged with two counts of abuse of authority of office contrary to the Laws of Zambia.

Particulars of the offence were that Rev Nyirongo on a date unknown but between January 12, 2006 and February 22, 2007 in Lusaka, being a person employed in the public service as minister of lands directed Daisy Mulenga M'soka, a lands officer at the Ministry of Lands to generate offer letters of land in Foxdale area.

The letters of offer were given to Walinase Nyirongo, Janet Isaac Nyirongo, Peter Kapolya, Peter Ngulube, Precious Ndhlovu, Doris Mulenga, Mubanga Muyunji, Mickey Mukubu, Mwelwa Kamfwa, Bruce Chipasha and Dingwall Hayden in contravention of land alienation procedures, an act prejudicial to the interests of the government of the Republic of Zambia.

On the second count, Rev Nyirongo on unknown dates but between October 2006 and April 24, 2007 in Lusaka abused her position by directing Christopher Chewe, a junior technical officer in the Ministry of Agriculture and Co-operatives, to subdivide Zambia Consolidated Copper Mines Farm F/309a in property No.L/19634/M for her and that she obtained property for herself.

The state called 24 witnesses while the defence team called five witnesses, including the accused.

Magistrate Newa said she had considered the evidence before court and that it was a fact that Rev Nyirongo did direct Daisy Mulenga to generate letters of offer for the persons in question adding that she directly breached the Cabinet handbook.

She said the action by Rev Nyirongo amounted to abuse of authority of office, an act which was prejudicial to the interest of the government of Zambia as the Commissioner of Lands was the only person empowered to alienate land on behalf of the Republican President.

Magistrate Newa noted that the prosecution had proved the case beyond all reasonable doubt and that she found the accused person guilty and convicted her accordingly.

On the second count, Magistrate Newa said she had heard the accused person's explanation that she had no interest in the said land but that it was not reasonable.

She said being minister of lands, Rev Nyirongo had no authority to alienate land as that authority was rested in the Commissioner of Lands.

Magistrate Newa said the prosecution had proved the case beyond reasonable doubt and that she found Rev Nyirongo guilty as charged and convicted her accordingly.

But in mitigation, Rev Nyirongo's lawyer Robson Malipenga asked the court to exercise leniency, saying his client was the first offender.

Malipenga said Rev Nyirongo was a family person, a sole bread winner for a big family which consists of biological and orphaned children whom he said entirely depended on her for their survival, food and education.

Malipenga also asked the court to be lenient with Rev Nyirongo, saying she was a member of parliament representing the people of Bwacha Constituency in Kabwe in the National Assembly as well as contributing to the well being of the citizens of the country.

"Further Your Honour, she is a Reverend who has been guiding many people and leading so many people to know God," he said. "Your honour, she is a member of the NCC [National Constitutional Conference] which is a body where she is participating in the constitution making process and the well being of this great country."

Malipenga further told the court that his client's contribution to the country had been immense considering the many portfolios she had held.

He explained that for the past years that the matter had been going on, Rev Nyirongo's conduct both inside and outside the court had been exemplary.

Malipenga also said despite the burden of the matter being dramatic, his client had carried the burden with tears of hurt, saying that alone was punishment in itself.

He asked the court to consider the circumstances of the matter saying she deserved leniency.

Malipenga noted that the guilty pronunciation by Magistrate Newa was enough embarrassment, which he said was equally punishment.

He further asked the court to consider Rev Nyirongo's age adding that she deserved a non-custodial sentence.

"Further Your Honour, she is equally not in good health. She may appear from the outside to be in good health but she is not," Malipenga said. "I urge this honorable court to consider exercising its powers through the discretion in meting out the sentence. We pray that the court considers a non-custodial sentence but suspended."

In passing judgment, Magistrate Newa said she had considered the mitigation by the accused person and that being the first offender, she deserved leniency from the court.

However, she noted that being a public figure, Rev Nyirongo was supposed to have used her office to build or strengthen the Ministry of Lands and not direct officers at her will, saying this could result in anarchy and total disregard of the law and procedure.

"The nation looks up to leaders for development as the country and where leaders fail to provide that leadership no matter the situation, it should not be condoned as it breeds corruption," Magistrate Newa said. "Thus the convict should be used as an example to others and in that way, the people who put them in office will be protected and inspire confidence in the system. I therefore find that this is a case that should be considered as a warning to all public officers. I therefore sentence the convict person to, in count one to 24 months simple imprisonment with immediate effect."

On the second count, Magistrate Newa sentenced Rev Nyirongo to 24 months simple imprisonment with immediate effect.

Magistrate Newa said the sentences would run concurrently.

Meanwhile, Rev Nyirongo's relatives wept as she was being taken to the holding cell at the Lusaka Magistrates Court Complex.

Labels: CORRUPTION, COURTS, GLADYS NYIRONGO, PRISONS

posted by MrK @ 9:40 PM