Convictions cheer attorney General
By Laura Mushaukwa
Friday August 15, 2008 [04:00]
ATTORNEY General Mumba Malila has said the conviction of Francis Kaunda and Faustin Kabwe is a confirmation that the prosecution of high-profile individuals is not politically motivated but based on evidence in the courts. And the Task Force on Corruption said the conviction of Kaunda and Kabwe is a sign that the fight against corruption is not in vain. Meanwhile, Kabwe has applied for bail pending appeal in the Lusaka High Court.
Commenting on the conviction of former Zambia Consolidated Copper Mines (ZCCM) chairman Kaunda and former Access Financial Services director Kabwe by the Magistrates’ Court after finding them guilty of conspiring to defraud ZCCM, Malila, who was cheered by the conviction, hoped that it would serve as a warning to the other corrupt people.
“It does not pay to be corrupt because sooner or later, the long arm of the law will catch up with you,” Malila warned. “I’m very happy with the conviction, I am delighted with the manner in which it was handled.”
He noted that the anti-corruption fight that the government embarked on was bearing fruits.
Malila paid glowing tribute to the Judiciary for the manner in which they dealt with corruption cases.
“I want to express my happiness at the manner in which the Judiciary is dealing with issues of corruption,” said Malila.
On the convictions, the Task Force on Corruption through their public relations officer Victor Makai described the convictions as motivating on their part in the fight against the vice.
“We are very happy that we have registered a victory in the court, we’ve done our job and we managed to get a conviction, for Mr Kabwe we have several cases in the court,” Makai said.
He added that the convictions were facilitated by the government’s political will in the fight against corruption.
“We are happy that such convictions are as a result of the political will that we have received from the present government,” he said.
Makai warned all the people engaging in corrupt activities that they would be brought to book.
“My final warning is: if you are involved in corruption wherever you are, we will get you, we will continue to pursue and carry out investigations diligently to ensure that all cases are brought to their natural conclusion,” he warned.
Makai pledged the Task Force’s commitment to pursuing all the necessary assets plundered from the people of Zambia and bringing all the culprits to book.
“We are ready and willing to pursue everybody and anybody who is involved in corrupt activities or abuse of authority of office,” promised Makai.
In the Lusaka High Court, incarcerated Kabwe has applied for bail pleading that if he were to be granted bail, he would abide by all the conditions.
Kabwe explained that throughout the hearing of his case, which has now resulted in his conviction, he had been on bail and that he complied with all the terms stipulated by the court.
He stated that he was informed by his advocates that given the sentence of two years imprisonment that was meted out on him, he was likely to be in prison for 16 months while waiting for his appeal.
Kabwe added that taking into account the workload at the High Court, it was unlikely that the record of appeal containing the testimonies of all the 26 prosecution witnesses would be ready, making it possible to render his appeal academic.
He has since lodged a notice of appeal in the High Court.
On Wednesday this week, High Court deputy registrar Edward Musona sitting as magistrate sentenced Kabwe and his counterpart Kaunda to two years imprisonment with hard labour after finding them guilty of conspiring to defraud ZCCM.
Kaunda was also jailed two years on a charge of abuse of authority of office but will only serve two years since his sentences will will run concurrently.
Kabwe is currently facing several corruption charges in the court. He is jointly charged with former President Frederick Chiluba and Aaron Chungu in a theft case involving about US$500,000 stolen using the Zamtrop Account and was found liable by a London judge Peter Smith together with Chiluba and others for defrauding Zambia out of millions of dollars.
Kabwe is also facing corruption charges together with former finance minister Katele Kalumba and others.
The bail application hearing comes up today.
Labels: ATTORNEY GENERAL, FAUSTIN KABWE, FRANCIS KAUNDA
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Let these thieves go in
By Editor
Thursday August 14, 2008 [04:00]
In our first edition, our launch edition of The Weekly Post, as The Post was then called, we accused Francis Kaunda, who was at the time chairman and chief executive of the state-owned Zambia Consolidated Copper Mines (ZCCM) company, of dishonesty in the way he was conducting the affairs of ZCCM. And yesterday, over seventeen years later, our courts of law found this same Francis Kaunda guilty of criminal conduct, of conspiring to defraud ZCCM.
Francis Kaunda’s lawyers can today legally argue that this man is a first offender who deserved leniency. However, given his history of corruption, of abuse of office, we don’t believe that Francis Kaunda is truly a first offender. If he is a first offender, it is simply by way of default, by way of impunity arising from the fact that he was not arrested and prosecuted for his crimes.
If Francis Kaunda was an honest person, he would have stopped crooked dealings after surviving prosecution in his earlier misdeeds. But this man seems to be an unrepentant crook masked in that innocent face – a wolf in sheep’s skin.
As for Faustin Kabwe, this is just the beginning of his problems. The man has been at the centre of all this plunder. Faustin has been the kingpin, the mastermind of the raping of this country that characterised the Chiluba regime.
We, therefore, feel that these two men don’t deserve any further leniency because the sentences that have been handed out to them are more than lenient. In saying this we are not being insensitive, hateful, cruel or vengeful. We don’t believe in such attitudes. Vengeance or hatefulness can find no place in an honest person’s heart.
You can fight with all the determination and strength of will in the world, but you can’t do it out of hate or vengefulness. We don’t preach hatred. But this doesn’t mean that we have a friendly feeling towards those who steal from their poor country, those who rob their poor people of their limited resources.
We have struggled very hard against the vices of these men and their friends and we have suffered all sorts of wrongs as a result of our work, yet we don’t hate them. What we hate and repudiate is their crime, their criminal behaviour. It is not a matter of hating them as individuals but of hating their iniquitous conduct.
In our religious studies, we were taught that there was a constant struggle between good and evil, and evil had to be punished. We were also taught that those who committed crimes and were responsible for injustice, evil would be punished in hell. And that can’t be interpreted as an expression of hatred.
Francis Kaunda’s lawyer says he doesn’t deserve to go to jail because he is a man of distinction. What distinction? Distinction in theft, dishonesty? A man of distinction cannot do what Francis Kaunda did. It is only a man without distinction who can be dishonest in the way Francis Kaunda was.
Moreover, we have learnt from other people, from the Americans and Europeans that even outstanding citizens, rich individuals are sent to jail when they become dishonest and commit crimes. Jeffrey Archer was sent to prison for dishonesty and the British system did nothing to save him from justice. We have many examples in America, Russia and even Cuba.
There has to be equality before the law. Equality before the law is fundamental to any just and democratic society. Whether rich or poor, political ally of the state or opponent – all should be equal before the law.
The state should be required to deal evenly and equally with all its people – whether poor or rich. Moreover, now that we know that all that these characters have came from crookedness, why should we continue to respect and treat them as rich people?
They are not rich. They are simply thieves who have not conducted any meaningful business other than stealing. It is time we stopped glorifying thieves because of their loot.
And there is no need to feel sorry for Francis Kaunda and Faustin Kabwe. Nobody feels sorry for a snake charmer or wild animal tamer who gets bitten. If one does no wrong, no wrong will ever come to them. Do not plough the ground to plant seeds of injustice; you may reap a bigger harvest than you expect. It doesn’t pay to rely on dishonest wealth; it will do you no good on that day of disaster.
All along, Francis Kaunda, Faustin Kabwe and their corrupt friends have been crying that they were being persecuted – not prosecuted – for political reasons. What politics is there in these prosecutions?
There is only crime in these cases.
We know that they have been celebrating over President Levy Mwanawasa’s illness in the hope and belief that a new regime, which is more accommodating to corruption and corrupt elements, may be ushered in.
Some are even hoping that their fellow accused Katele Kalumba could become president of the Republic of Zambia and stop these prosecutions and quash their convictions or pardon them. This is possible but if it happens, it will be the worst crime the Zambian people will commit against themselves.
Zambians should never again allow crooked characters, thieves and dishonest elements of all hues to rule over them.
The experience over the Chiluba regime is enough for them to never, in any way, put in office such criminals. We know that they have started campaigning heavily and plotting for the presidential bye-election that they think is just a few months away.
But let us make this a waste of time on their part and ensure that if Levy is to be succeeded now, only an honest person should be allowed to take over from him. Whatever the other merits of these criminals, their criminal attitudes and conduct should totally disqualify them for that high office.
We have learnt enough about what power can do. Power is power! The most difficult, most important fight that anyone with power faces is the fight against himself, the struggle for self-control. That may be one of the toughest ones – against corruption and even against the abuse of one’s prerogatives.
One has to have a very well-trained, strong conscience, a great deal of awareness, because we have seen people become full of themselves, become extremely selfish and greedy and full of vanity and use power in the wrong way: the tendency towards the use of power in the wrong way is something that one has to be in constant watch for. Here we are talking about an honest person.
We are not talking of a dishonest person, a corrupt person because he is totally incapable of avoiding these dangers in any way. It is like what once Hakainde Hichilema said that you can’t put a monkey in a maize field because it is incapable of avoiding eating all the maize.
It is true that these corruption cases have taken a bit longer to conclude than expected. But yesterday’s convictions are a clear proof that although the wheels of justice grind very slowly, they eventually arrive.
Let us be patient and support the work of the Task Force, its investigators and prosecutors and give no political room or otherwise to the plunderers for escape. Let us ensure that all of them go in, are nailed to the cross. We know they have got money and they will appeal and be given bail while pending appeal which our poor people normally don’t get.
But again, we shouldn’t be discouraged by this because in the final analysis, they will go in, the appeal process will be exhausted, will come to an end and they will have to go in.
Labels: CORRUPTION, FAUSTIN KABWE, FRANCIS KAUNDA, ZCCM-IH
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Francis Kaunda, Kabwe go to jail
By Laura Mushaukwa
Thursday August 14, 2008 [04:00]
ACTING Lusaka deputy High Court registrar Edward Musona sitting as a magistrate yesterday jailed former Zambia Consolidated Copper Mines (ZCCM) chairman Francis Kaunda and former Access Financial Services director Faustin Kabwe for two years after finding them guilty of conspiring to defraud ZCCM. And magistrate Musona jailed Kaunda for two years on a charge of abuse of authority of office. However, Kaunda’s sentence will run concurrently; meaning he will only serve two years in jail.
In this matter, Kaunda was charged with abuse of authority of office contrary to section 99, sub section one of the Penal Code CAP 87 of the Laws of Zambia.
It was alleged that Kaunda on June 5, 1998 in Lusaka, being a person employed in the public service as chairman of ZCCM Privatisation negotiating team abused his authority of office by arbitrarily offering ZCCM Ndola Primary School to Ndola Trust School Trust, an act prejudicial to the interest of the Government of the Republic of Zambia.
In the second count, Kaunda and Kabwe were jointly charged with conspiracy to defraud contrary to section 313 of the Penal Code CAP 87 of the laws of Zambia.
It was alleged that on March 11, 1997 and February 29, 1999 in Lusaka the duo jointly and whilst acting with another person conspired to defraud ZCCM by offering ZCCM Ndola Primary School to Ndola Trust School.
The prosecution called 26 witnesses who established a case against Kaunda and Kabwe. The duo was later put on their defence.
Kaunda gave evidence on oath while Kabwe elected to remain silent.
In passing judgment, magistrate Musona said in order to establish the guilt of the accused in count one, the prosecution had to prove that Kaunda was employed in the public service as chairman of ZCCM privatisation negotiating team and that he abused his authority of office by offering Ndola Primary School to Ndola Trust School, in disregard of the set out privatisation procedures.
He said the prosecution also had to prove that Kaunda and Kabwe jointly and whilst acting with another person conspired to defraud ZCCM by arbitrarily offering Ndola Primary School to Ndola Trust School.
Magistrate Musona said he agreed with the state that Kaunda was employed as a public officer charged with the responsibility of selling ZCCM assets broken down as core assets - mines, subsidiary assets and miscellaneous assets such as schools and hospitals.
On count one, magistrate Musona said Kaunda was guilty of abuse of authority of office charge because he sold the school to a fictitious buyer when the law required that the sale be done in a transparent manner in compliance with the privatisation Act.
He said further Kaunda accepted Ndola Trust School’s bid of K200 million after the closing date for accepting bids.
Magistrate Musona, in his findings, established that the school in dispute was valued at K400 million and that the bid for the school was advertised. He noted that after the advertisement, seven bids were recorded and later Ndola PTA which bid K520 million and Nsansa School which bid between US $50,000 and US $266,000 were short-listed.
Magistrate Musona said the qualifications for a successful bidder were having past experience of running a school and having social responsibility.
He said the people in charge of short listing made a recommendation to Kaunda that Nsansa School be the preferred bidder for the sale of the school.
However, magistrate Musona established that after the closing date, there were no other bidders but eventually Cave Malik - a law firm - made an offer on behalf of Kabwe to purchase the school at K200 million which was much less than the preferred bidder.
Magistrate Musona also established that Bimo Tucker, the lawyer who made the offer on behalf of Kabwe, was still at large and that at the time of the sale, Ndola Trust School was not registered meaning that it had not yet been born.
He said the law of entities was clear and that the school was sold to a non-existing entity; thus at the time of the sale, there was no buyer but Kaunda signed for a non-existent trust.
Magistrate Musona established that Kaunda gave preference to his friend Kabwe over Nsansa School, which was the recommended bidder. He said that Access Financial Services Limited had earlier made a donation to the school.
Magistrate Musona concluded that Kaunda’s decision to offer Ndola Primary School to Ndola Trust School was prejudicial to the interest of the Republic of Zambia in that ZCCM lost out on Nsansa School’s higher bid.
Magistrate Musona said ZCCM missed an opportunity of selling the school in dispute to a bidder more experienced in running schools when Kaunda sold it to a fictitious buyer.
It is against this background that magistrate Musona found Kaunda guilty of abuse of authority of office thus convicting him.
On the second count of conspiracy to defraud, magistrate Musona found Kaunda and Kabwe guilty concluding that there was some mathematics in the transfer of ZCCM Ndola Primary School to Ndola Trust School.
He also said Bimo Tucker, the lawyer who made an offer on Kabwe’s behalf was a consultant on the ZCCM negotiating team, thus concluding that Tucker was eating with both hands by playing a double role.
Magistrate Musona ruled that the state had proved that there was dishonest agreement in that the buyer was fictitious. It is upon this evidence that he convicted Kaunda and Kabwe on the charge of conspiracy to defraud.
In mitigation on behalf of Kaunda, lawyer Vincent Malambo argued that according to the provisions of section 99 of the Penal Code under which his client was charged, the offence was a misdemeanor in that there was no proof of financial benefit.
Malambo said the court could order community service as another option. He said finding guilty a man of Kaunda’s distinction was enough punishment, and that he was a first offender who did not deserve to go to jail.
Kabwe’s lawyer, John Sangwa, also argued that according to the provisions of section 313 under which his client was charged, the offence was a misdemeanor in that Kabwe did not benefit from the acquisition of the school.
But in handing down judgment, magistrate Musona said although he agreed that the offences were misdemeanors, he noted some seriousness in that the school was not sold to the right buyer and privatisation procedures were ignored.
After the court rose, Kaunda’s wife wailed while Kabwe referred all queries to Sangwa who said he would be proceeding to the High Court for appeal.
The matter was prosecuted by Task Force lawyer Sebastian Zulu.
Labels: CORRUPTION, COURTS, FAUSTIN KABWE, FRANCIS KAUNDA, ZCCM-IH
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Chiluba spent sleepless nights over ZCCM, says Francis Kaunda
By Noel Sichalwe
Thursday March 20, 2008 [03:00]
FORMER Zambia Consolidated Copper Mines (ZCCM) chairman Francis Kaunda on Tuesday told magistrate Edward Musona how former president Frederick Chiluba was spending sleepless nights over the privatisation of ZCCM. Kaunda also named United Party for National Development Hakainde Hichilema as having participated in the privatisation process when he headed a committee that was disposing of subsidiary assets.
This is a matter in which Kaunda, 70 and former Access Finance director Faustin Kabwe are charged with conspiracy to defraud. It is alleged that in 1998 Kaunda, as chairman of ZCCM privatisation, abused his authority by offering ZCCM Ndola Primary School to Ndola Trust School, an act that was prejudicial to the interest of the Republic of Zambia.
On the second count, Kaunda and Kabwe are jointly charged with conspiracy to defraud. Both have been found with a case to answer and have now started their defence.
In his defence led by lawyer Frederick Mudenda, Kaunda said after graduating from Howard University in Washington DC with a degree in economics and political science in 1966, he joined the government at Cabinet Office as senior principal.
Kaunda said in 1974, former president Kenneth Kaunda appointed him managing director of the Nchanga Consolidated Copper Mines Limited (NCCM). He said in 1981, two state companies, NCCM and Roan Copper Mine, were merged and he was appointed as chairman and chief executive of ZCCM.
“In all, I was chairman and chief executive of ZCCM for 10 years and was removed without reason or giving me an explanation when there was change of government in 1991. Overall, I was at the helm of the Zambian mining industry for nearly three decades,” he said.
Kaunda said after the MMD came to power, he was retired and that it took two years to be paid his retirement benefits.
“After my retirement, I got a surprise call from State House. I went but I didn’t know why I was being called. I was informed by the second Republican president Dr Frederick Chiluba that he was having sleepless nights concerning the privatisation of ZCCM.
It was early March 1997,” Kaunda said. “The president asked me if I could assist and I suspected why he asked that question because I was not well treated when I left office.
As a patriot, I replied that I would assist. When I left the president’s office, I didn’t know that in fact I was going to be appointed as chairman of the privatisation team. On 11th March 1997, I received a letter of appointment from the president and he gave two reasons why I was appointed. One was that my knowledge on the mining assets and also my credibility with the investors in the mining industry.”
Kaunda said during the transformation plan of 1998, the ZCCM privatisation team formed three groups.
He said the first group to sale core assets was headed by Norman Mbazima and John Patterson, the second group for sale for subsidiary assets was headed by Hakainde Hichilema while the third group to dispose of miscellaneous items was headed by Mwila Lumbwe.
“During my career, I handled huge sums of money but my integrity was never questioned,” he said.
Hearing continues on March 20.
Labels: CHILUBA, FRANCIS KAUNDA, HAKAINDE HICHILEMA, MINING, PRIVATISATION, UPND, ZCCM-IH
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