Suspended Commissioner of Lands acquitted

Suspended Commissioner of Lands acquitted
Written by Maluba Jere
Thursday, April 30, 2009 6:17:39 PM

SUSPENDED Commissioner of Lands Frightone Sichone was on Thursday acquitted by the Lusaka Magistrates Court on all four counts of abuse of authority of office charges. Lusaka magistrate Aridah Chulu acquitted Sichone after the prosecution failed to adduce enough evidence to show that Sichone did abuse his authority of office.

In the matter, Sichone was charged with abuse of authority of office contrary to section 37 (2) (a) and 41 of the Anti-Corruption Commission Act number 42 of 1996.

Particulars of the offence were that Sichone on January 20, 2006 at Lusaka, being a person employed in the public service namely, Ministry of Lands as commissioner of lands, did abuse his authority of office by allocating property number LUS/35178 Mass Media on title number 75822 to Musenge Mwewa without following procedure thereby directly or indirectly obtaining property or advantage.

On the second count, Sichone on the same day allegedly allocated property number LUS/35185, Mass Media on title number 45036 to Mesinala Namukoko without following procedure.

On the third count, he allegedly allocated property number LUS/35210, Mass Media on title number 49502 dated April 6, 2006 to Mizumbi Farms Limited, a company in which he is co-director and majority shareholder without following procedure.

Sichone on the last count allegedly allocated property number LUS/35211, Mass Media on title number 50036 dated April 21, 2006 to Mizumbi Farms Limited in which he is co-director and majority shareholder without following procedure thereby directly or indirectly obtaining property or advantage.

Sichone denied all the charges and magistrate Chulu then put him on his defence after she found him with a case to answer.

Nineteen prosecution witnesses testified in the matter while the defence called five witnesses.

Magistrate Chulu said she had considered the 19 prosecution witnesses and the detailed submissions from both the prosecution and the defence.

She observed that the prosecution had adduced enough evidence to warrant putting Sichone on his defence.

Magistrate Chulu warned herself that the onus was on the prosecution to prove the case against the accused on each and every ingredient in the charge.

In passing judgment, Magistrate Chulu noted that it was not disputed that land alienation had been delegated to the commissioner of lands by the Republican President.

She also said it was not in dispute that the land in question was institutional land belonging to ZAF.

Count three and four were jointly dealt with as the issues were similar.

Magistrate Chulu also said the prosecution had failed to prove that the accused did abuse his authority as alleged in count two and acquitted him.

She further acquitted him on count one saying the allocation of land at Mass media was approved by ZAF and the ministry’s role was that of generating offer letters.

Magistrate Chulu said it would be naïve and unreasonable for the court to convict Sichone on the charges after the prosecution had failed to ably prove that the accused did abuse his authority of office, and acquitted Sichone on all the four counts.