Maravi

MMD’s thieving councillor still attending NCC after conviction

MMD’s thieving councillor still attending NCC after conviction
By Mwala Kalaluka and Ernest Chanda
Mon 01 Feb. 2010, 04:00 CAT

KAOMA MMD Longe Ward councillor, Dick Kwanga, has continued to attend the National Constitutional Conference (NCC) despite being convicted by a magistrate’s court for stealing Constituency Development Fund (CDF) money amounting to K53.5 million.

And Kaoma Central MMD member of parliament Austin Liato last week angrily confronted Luampa UPND member of parliament Josephine Limata over her alleged reporting of people to the Anti-Corruption Commission (ACC) over suspicious CDF disbursements in Kaoma.

Kwanga, who is also Kaoma Council chairperson, was on Tuesday last week slapped with a three-year suspended sentence by the Kaoma magistrates’ court after he was found guilty on counts of abuse of authority of office, conspiracy to defraud and theft by servant.

Kwanga was sentenced together with Kaoma Council treasurer Gift Ngenda and a local businessman, Nawa Mangolwa, who were respectively handed a three-year custodial sentence for the offences.

The three convicts have been ordered to refund the CDF funds by April 2010 failure to which a warrant of distress would be issued against them.

The trio was arrested by the ACC in 2007 and stood charged with five counts of theft contrary to section 272 and 277 of the Penal Code chapter 87 of the laws of Zambia.

However, reliable sources within the NCC said Kwanga had been attending the conference’s deliberations at Lusaka’s Mulungushi International Conference Centre almost the whole of last week.

“On Friday, he was at the NCC. He was convicted on Tuesday, on Wednesday he was present and on Thursday and Friday he was there,” the source said. “We even talked to him. Just from sentencing he came back. The problem is that these people in MMD have no fear. This money for the NCC is public money and it is not supposed to be given to thieves.”

The sources said it was not right for Kwanga to continue attending the NCC because although he was handed a suspended sentence as compared to his two co-accused persons who were already serving their jail terms, he was still a convict.

“How can he come and attend the NCC? We are wondering about that,” the sources said.
According to the NCC Act number 19 of 2007, a member convicted of an offence for more than six months shall lose their position at the conference.
Section 6 clause 3 (g) of the Act states that, “The office of a member becomes vacant if the member is convicted of an offence under this Act or any other written law and sentenced therefor to imprisonment for a term of six months or more without the option of a fine.”

And other sources within the NCC, who witnessed the bitter verbal exchange between Liato and Limata at the Mulungushi International Conference Centre, said the incident happened when Liato was in the company of Kwanga.

“On Monday he (Kwanga) was talking with Liato and while there, we heard Liato blasting Limata telling her that she was causing problems because it seemed that there were some people that she had reported to the ACC,” the source said.

“Liato was asking Limata when Kaoma Council would have peace but Limata asked him that ‘how can it have peace when you are sending people to go and destabilise the disbursements of CDF in my constituency? Why should I keep quiet? …they exchanged bitter words openly.”

The source said Liato asked Limata if she was happy that some people were even going to be convicted over such reports to the ACC.

The source said Limata had directed the council secretary for Kaoma not to disburse CDF funds to her constituency because some councillors wanted to pocket it.

“Now, the council secretary reported the matter to Liato and Honourable Limata said ‘no, Luampa is my constituency. You (Liato) have your own constituency’.”

When reached for comment on the matter, Limata could neither deny nor confirm the incident and referred all queries to Kaoma council secretary, a Mr Seke.

Labels: MMD, NCC

posted by MrK @ 8:45 AM