Wed, 19 Sep 2012 07:52:53 +0000
Billions of Kwacha may have been stolen and remain un-accounted for from properties sequestrated by the defunct “Task Force of Corruption” and illegally placed under the Bank of Zambia.
This came to light following Daily Nation inquiries into defunct Access Finance accounts and the dealings of properties belonging to Tedworth properties, where Supreme Court Judge Philip Musonda ordered for the immediate transfer of properties from the Bank of Zambia where they were illegally kept to the Anti Corruption Commission.
The judge in his ruling was shocked that the property was being kept and rent was collected through the Ban k of Zambia when the law clearly stated that only the ACC had that responsibility.
The Bank of Zambia, the Judge noted, acted unlawfully and what flowed from was equally unlawful.
Judge Musonda further noted that there was fierce resistance to his order for accountability for the funds collected against the property, “The fierce resistance to account or the liquidators disdain foe accountability… makes the court to thin, there is a “smoking gun” that the assets may have been abused. As Judges we can not be fence sitters, when our orders are disobeyed. You can not solve a problem with the same mindset that created the problem, that lack of accountability.”
The Judge stated that the transfer of a criminal matter into the realm of company law was a brazen disregard for the rule of law and a spirited attempt to resist accountability which increased suspicion.
Dr. Musonda said there was a “cold hand” in the manner the transaction o0f the property had been dealt with because “No professional Anti-Corruption Commission Investigator would have transferred exhibits to the Bank of Zambia which can only be disposed off under the Anti-Corruption Commission Act and the Criminal Procedure Code.”
“Why should accountability be a frightening prospect, if you have done nothing wrong.” The Judge asked.
Judge Musonda ordered the Bank of Zambia to pay for the cost of the action because it had unlawfully intruded into the functions of the Anti-Corruption Commission disdain foe accountability… makes the court to thin, there is a “smoking gun” that the assets may have been abused. As Judges we can not be fence sitters, when our orders are disobeyed. You can not solve a problem with the same mindset that created the problem, that lack of accountability.”
The Judge stated that the transfer of a criminal matter into the realm of company law was a brazen disregard for the rule of law and a spirited attempt to resist accountability which increased suspicion.
Dr. Musonda said there was a “cold hand” in the manner the transaction o0f the property had been dealt with because “No professional Anti-Corruption Commission Investigator would have transferred exhibits to the Bank of Zambia which can only be disposed off under the Anti-Corruption Commission Act and the Criminal Procedure Code.”
“Why should accountability be a frightening prospect, if you have done nothing wrong.” The Judge asked.
Judge Musonda ordered the Bank of Zambia to pay for the cost of the action because it had unlawfully intruded into the functions of the Anti-Corruption Commission.
