By OLIVER SAMBOKO
ANTI-CORRUPTION Commission (ACC) acting Director General, Rosemary Khuzwayo has been ordered to appear before the Lusaka Magistrate’s court today to show cause why she should not be cited for Contempt of Court.
This is in a matter where Health Minister Chitalu Chilufya is charged with four counts of possession of properties suspected to be proceeds of crime.
The summoning of Ms Khuzwayo by the court follows application by lawyers representing Chilufya, led by Mr Tutwa Ngulube, to have contempt proceedings instituted against her for suspending Mr Chipampe Chipili Manda, 34, an Investigation officer who testified under cross ex- amnination that Dr Chilufya did not corruptly acquire the properties which he was being prosecuted for.
In his submissions, Mr. Ngulube said he prays that the court institutes an inquiry, as the ACC’s actions were contemptuous and may intimidate other witnesses into lying to the court.
He said the court should enquire whether any action was taken against Mr Manda, in view of an ACC Internal Memorandum, dated August 7, 2020.
He said according to the Internal Memorandum, addressed to all ACC regional managers, management allegedly decided to suspend Mr. Manda, pending disciplinary proceeding, as the position he gave in court, was not that of the Institution.
Mr Ngulube also submitted that the alleged suspension of Mr Manda following his testimony had the potential to scare truthful witnesses.
In his ruling Chief Resident Magistrate, Lameck Mwale said the acting Director General should appear before him to explain her actions, saying the allegations against her were of serious nature as they touched on the administration of justice.
During his testimony, Mr. Manda had stated that his investigations revealed that Dr Chilufya did not commit any crime, as the properties in question, were of less value than his total earnings from legitimate sources of income.
Meanwhile, a state witness yesterday testified that there was nothing wrong with the transfer of the 6000 and 2000 shares in the Samfya Marines and Tourism Services Zambia limited to Chitalu Chilufya by Den Daas and Leo Jonas Ngosa respectively.
PACRA assistant Inspector, Patrick Chilekwa, said the share transfer submitted by Dr Chilufya met all the requirements including payment of taxes to ZRA as required by the law.
Mr Chilekwa also said he did not believe that Dr Chilufya concealed any property as far as PACRA was concerned. In the first count Dr Chilufya is alleged to have on a date unknown but between December 1, 2016 and December 31, 2017 at Lusaka possessed US$200,000 which was used to buy 6,000 shares in Samfya Marines and Tourism Service Limited from Den Daas Investment Zambia Limited, property suspected to be proceeds of crime.
In count two, Chilufya on a date unknown but between January 1, 2017 and December 31, 2017 at Lusaka possessed K270, 000 cash which was used to buy 2,000 shares in Samfya Marines and Tourism Services Limited from Leo Jonas Ngosa Investment Limited, property suspected of being proceeds of crime.
In the third count, Chilufya on an unknown date but between January 1, 2018 and December 30, 2019 possessed K3, 000, 000 which was used to buy Lot No. 365/366 also known as Spark Guest House situated in the Mansa district of Luapula Property, property reasonably suspected to be proceeds of crime.
In count four, it is alleged that Chilufya on a date unknown but between January 1, 2017 and December 32, 2017 at Lusaka possessed US$52,000 which was used to buy a passenger boat also known as Transport 32 from Smart Own FZE of Dubai in the United Arab Emirates, property reasonably suspected to be proceeds of crime.
Trial in the matter continues today.