Arrest me, M’membe challenges police

Arrest me, M’membe challenges police
Written by Amos Malupenga
Monday, March 30, 2009 6:56:14 AM

Post editor Fred M'membe yesterday dared the police to arrest and immediately prosecute him so that the lies about him and the newspaper can be rested.

Giving a warn and caution statement at Drug Enforcement Commission (DEC) headquarters in Lusaka where he was summoned by DEC's anti-money laundering unit in connection with the money Zambian Airways owes National Airports Corporations (NAC), M'membe said he was appearing before the investigating officers wearing a hat of a person who had already been tried by President Rupiah Banda's kangaroo court at State House.

M'membe, who arrived at DEC offices around 11:30 hours, was accompanied by his lawyers George Chisanga, Remmy Mainza and Sam Mujuda.

After settling in the office, one of the investigating officers - a Ms Sikazwe - read out a warn and caution statement to M'membe.

The statement read: “You are warned that investigations are being carried out in connection with the alleged offence of theft by agent contrary to section 272 and 280 of the Penal Code Chapter 87 of the Laws of Zambia.

“The allegation is that you, jointly and while acting together with other persons unknown on a date unknown but between 20th March 2008 and 9th January 2009 at Lusaka in the Lusaka district of Lusaka Province of the Republic of Zambia, being agents to National Airports Corporation in the collection of passenger service charges did steal the total amount of US $1.793,782 the property of National Airports Corporation.

You are further warned that you are not obliged to say anything in response to the allegations unless you wish to do so. But whatever you do say in answer to the question will be taken down in writing and maybe given in evidence. Do you understand the allegation?”

M'membe responded in the affirmative as the officer asked him if he wished to say anything.

“Yes, I have a lot to say,” M'membe said as he proceeded to give his statement.

“…In these years I have been on this planet, I have never been accused by anyone of stealing money. I have worked as an accountant for a company that was at one time a second largest company in Zambia - Zambia State Insurance Corporation - as financial accountant keeping millions and millions of dollars. Not even one day did I take one cent or one ngwee from that company that was not due to me.

I have worked as an audit senior for KPMG and not even one day did I take one ngwee or one cent that was not my due. I was one of the founders of the MMD and I am one of the three people who managed its first secretariat in 1990 and I was in charge of the finances of the secretariat working together with Akashambatwa-Mbikusita Lewanika and Derrick Chitala now Mbita Chitala. Not even one day did I take one ngwee from that organisation that was not due to me.

I actually spent my own money on that organisation without claiming anything in return. I started Post Newspapers Limited in 1991 and I have been at its helm to this day. I have never gotten one ngwee or one cent from this organisation that was not my due. I am an internationalist and I have worked with many liberation movements in the world mobilising political, financial and other resources for them; not even one day did I take one cent from those oganisations that was not my due.

Very early in my life, I was taught that incorruptibility is the essence of self-respect. Money, material things do not mean that much to me. This institution in whose offices I today give this statement knows very well how much my work as a journalist has brought me into contact with criminals using money to buy protection from exposure.

You, yourselves, gentlemen and lady sitting here, you know very well to what length these criminals are willing to go to try and bribe us, we whose job is to pursue them.

“Not even one day have you ever heard anyone mention my name that he has given me money or anything of value and I have taken. The first time in my life I have heard anyone accusing me of theft or corruption was when Mr Rupiah Banda accused me of pocketing US $30 million from state institutions, an accusation that was repeated by Mr George Kunda.

It shocked me but did not surprise me. What can one expect from them, from people with such low levels of morality, integrity and honesty?

What further shocked me and saddened me was the bringing in of the police, the Drug Enforcement Commission and the Anti-Corruption Commission to share in their complicity, in their dirty campaign against innocent citizens whose only crime was to question their suitability for political leadership of this country and for exposing their corrupt political campaigns.

I am also very saddened by the fact that legitimate institutions of the state are being used by Mr Banda and his friends to try and cover up their lies, their dishonesty, their false accusations against me. If this practice is allowed to continue, Mr Banda will leave this country at the end of his term of office without any credible state institutions.

You know very well, lady and gentlemen, that this journalist before you has not stolen US $1.7 million from National Airports Corporation. In your heart of hearts, you know very well that it is practically impossible for this journalist to have stolen that money. But you do not have the moral and professional courage to tell Mr Banda and his friends that contrary to his claims, this journalist has not stolen even a cent from National Airport Corporation.

However, I sympathise with you because you are put in an extremely embarrassing situation where your commander-in-chief makes such a serious allegation against a humble citizen of your country without any input whatsoever from yourselves. But later on you are called upon to validate that allegation, to prove that Fred M'membe has stolen US $30 million. You are under extreme pressure to find something against me even if there is nothing.

However, I respect your moral integrity and you will not concoct and try to fabricate anything against me. But since you are not able to go and tell Mr Banda and his friends that all the investigations you have carried over the last few weeks have yielded nothing against me, you had no choice but to call me today and accuse me of having stolen US $1.7 million from National Airports Corporation when you know very well this is practically impossible.

But you want to come up with something to satisfy Mr Banda and his friends. I wonder how many of you here will be ready to face the humiliation of facing me in court as arresting officers over such a baseless charge. You know very well that what you are doing is an abuse of the judicial process of our country and you know very well…”

At this stage, one of the officers, a Mr Kunda interjected saying, “Let's restrict ourselves to what is relevant.”

M'membe replied: “That is tantamount to telling me what to say. If you want, you make the statement. I know you do not like what I am saying but just leave me.”

M'membe continued: “You know very well that what you are doing is an abuse of the police, of the ACC and the Drug Enforcement powers. What you are doing is damaging these important institutions of our people. It will not be you to pay the price for all this destruction, it will not be Mr. Banda to pay the price for this destruction; it will be the humblest of our people who will pay the price.

You must know by now that Post Newspapers Limited was a minority shareholder in Zambian Airways with interest of 30 per cent. You also know very well that Fred M'membe was not part of management of Zambian Airways; he manages The Post. How Zambian Airways deals with its creditors, its suppliers of services is an issue that is decided upon in the normal course of business by its management.

That said, you also know very well that I have never received one ngwee or one cent from Zambian Airways, even as a sitting allowance because Zambian Airways never paid sitting allowances to directors.

You also know very well that I have never received any money from National Airports Corporation or from anyone on behalf of National Airports Corporation. In what capacity would I do so?

Zambian Airways was not a kantemba, it was a big corporation with an organised management and staff who ran its day-to-day operations. So you know very well that there was no link between me and the operations of Zambian Airways. Moreover, if I got this money which was supposed to go to National Airports Corporation, who gave it to me? Where did I receive it?

Money leaves a trail where it passes. By now, with your competence, you would have traced all that. The Post has conducted business in this country for almost eighteen years now. If we were crooked elements given our political position, the hatred against us and the forces arraigned against us, including yourselves, you would have sorted us out a long time ago.

Why should a director of Post Newspapers Limited take US $3 million from his company, invest it in Zambian Airways and then go and steal US $1.7 million from National Airports Corporation on the back of that US $3 million investment? It doesn't make sense; it defies logic and reason. Please, accuse us of other things but not theft.

For us, even failure to pay a debt is more than enough humiliation. My heart bleeds to see over 260 employees of Zambian Airways go without their salaries in this society of wolves where the plight of your neighbour is not an issue. If I had that type of money anywhere in the world, I would - with utmost happiness - shared it with employees of Zambian Airways.

When The Post invested in Zambian Airways, it was not because it had a lot of money to spare. We actually didn't have any money to spare. A request was made to us to invest in that company and help them improve their financial situation and also help them to fulfill a demand made on them by a consortium of bankers led by Investrust Bank from whom they borrowed money.

The bankers wanted more shareholders in Zambian Airways as a condition of the loan. That is how The Post came in.

The request was first tabled to the management of The Post. It was discussed there and after that it was discussed at the monthly staff meeting. Following that, it was taken to the board and the board approved the request. After that, two directors of the board and two topmost senior managers went to see Mr. Friday Ndhlovu, the managing director of Investrust Bank with a view of The Post taking over the US $2 million debt the bank had advanced Zambian Airways.

Mr. Ndhlovu felt that was not the best way to proceed because it was not going to be helpful to Zambian Airways in terms of its liquidity and issued a fresh loan of US $2 million to The Post which was transferred to Zambian Airways by the same bank.

After that, it was felt that Zambian Airways still needed more money and a further US $1 million…

At this stage, another investigating officer a Mr. Nzo interjected saying, “But you said it's US $3 million.”

M'membe replied: “Just relax, just be patient I am coming there.”

He continued: “After that, it was felt that Zambian Airways still needed more money and a further US $1 million was paid from The Post's own income to make it US $3 million.

This is where the crime of The Post and of Fred M'membe begins and probably ends. The rest is politics. I beg you in the interest of justice, in the interest of truth to today arrest me and meet next week in court so that all these lies come to an end. But I know and you know very well that Mr Banda and yourselves are not interested in a conviction. All that you are interested in is to humiliate me, scandalise me. Whether at the end of the day I will be found with a case to answer or not doesn't bother Mr Banda and yourselves. What Mr Banda and yourselves are interested in are political expediencies of the moment.

But everything has got time. Have your day on the basis of lies and dishonest but it will not last longer than a candlelight would last under a storm. Amen!”

Zambian Airways chief executive officer Mutembo Nchito was also warned and cautioned on the same allegation as M'membe. When asked if he had anything to say on the allegation against him, Nchito said: “No.”

And when contacted for comment, one of M'membe and Nchito's lawyers George Chisanga said: “When we were told to accompany our clients to DEC offices, we were given to understand that we were going to hear how the duo stole and pocketed US $30 million through fraud from Zambian Airways. As lawyers, we have described Mr M'membe's warn and caution statement as an opportunity for the public to make a balanced assessment of the story surrounding Zambian Airways in the light of the views espoused by President Rupiah Banda and those contained in Mr M'membe's statement.

“Up until the giving of Mr M'membe's statement yesterday, the public only understood the Zambian Airways story in the light of the opinions of the President and the Vice-President who rallied support from those who marched to government offices in apparent support of the President and his Vice. We are convinced that the investigating wings will critically assess Mr M'membe's warn and caution statement before deciding whether or not to recommend prosecution.”