Rainbow Néwspaper Zambia Limited Edition 085 Monday 11th – Sunday 17th October, 2021

By Comrade Derrick Sinjela and Joseph Mulyasalu Chanda

UNITED Party for National Development (UPND) Alliance Media Director Thabo Kawana (TK) says Secretary to the Cabinet Simon Kamwendo Miti is a good and diligent senior civil servant, who deserves support by all well-meaning citizens.
In an apparent reference to disparaging remarks attributed to Munir Zulu, a Lumezi Independent Member of Parliament (MP), in the Eastern Province, a tart Mr. Kawana laughed off the parliamentarian’s outbursts.
During a Monday 4th October, 2021 Protea Hotel Press Briefing, Mr. Zulu, a brother to President Edgar Chagwa Lungu’s Political Advisor, Kaizer Zulu, insinuated that Dr. Miti, now serving as President Hakainde Hichilema’s Secretary at State House deserved being prosecuted.
But in response, flanked by former 2nd Press Secretary at Zambia High Commission to the United Kingdom in London, Mr. Rejoice Lukumba and Zambia Daily Mail (ZDM) Deputy Managing Director, Davis Mataka, Kawana protested that the remark by Munir Zulu is indicative that the orientation given at Manda Hill did not sufficiently enrich the parliamentarian’s understanding of his role.
“It seems Munir Zulu needs some more orientation as the one given to him at Manda Hill did not help him understand that as a parliamentarian, he has power to raise a question on any matter, such as medical supplies purchased by Government, through the Ministry of Health (MoH),” advised Kawana.
Kawana challenged Munir Zulu for calling Principal Private Secretary at State House, Dr. Miti a ‘thief’ and not fit to be in the current UPND Alliance Administration.
Mr Kawana has charged that Hon. Zulu has no moral right to demand for the removal of Dr. Miti when he has no proof that Dr. Miti, formerly Permanent Secretary (PS), stole from ‘Government Coffers’ alongside incarcerated former MoH Chief Human Resource Development Officer, Henry Mulenga Kapoko.
Kawana says Zulu must be very careful with his accusations against Dr. Miti as such careless statements may land him in problems or being sued for defamation.
Zulu alleged that some known UPND Alliance partners are jeopardising on-going investigations by extorting money from former permanent secretaries in exchange for ‘protection’.
Zulu had wondered why Dr. Miti, a ‘criminal’ not fit for public office is still serving as Secretary to the Cabinet and Principal Private Secretary to President Hakainde Hichilema.
Kawana defended Dr Miti saying he (Dr Miti) underwent a transparent, rigorous process of the Select Committee of Parliament.
Kawana argued that Dr Miti was never arrested by the police or any law enforcement agency regarding the issue of Kapoko theft case.
TK as Kawana is addressed in elite Zambian politics says as a matter of fact, Dr. Miti was a key whistle-blower witness to the case.
Kawana urged Zulu to direct questions to the current Health Minister, Ms. Sylvia Tembo-Masebo in Parliament as per procedure of parliamentary Code of Ethics, if he wants to address the issue of Kapoko’s case and not on public platform.
Kapoko is still serving a 9-year-sentence, while co-accused, Zukas Musonda Kaoma, a former acting principal accountant and Evaristo Musaba, a former chief accountant, were pardoned through a presidential mercy.
On Monday 11th May, 2020, Lusaka High Court Judge Mathew Kasonde Chisunka sitting with Hon Lady Justice C.L. Phiri and Hon Lady Justice Chibbabbuka upheld the decision by Magistrate Exnobert Zulu ordering the convicts to pay back the K6.8 million.
Magistrate Zulu had slapped Kapoko, Kaoma and Musaba, theft by public servant and money laundering charge involving K6.8 million.
However, the convicts will only serve nine years on both counts instead of the initial 18 years. This follows the High Court’s decision to quash Magistrate Zulu’s mode of sentencing from consecutively to concurrently
Meanwhile, the court set free Jasper Justine Phiri, an internal auditor and Vincent Chalika Luhana, an accountant, after finding that the offence of theft by public servant had not been proved against them.
The High Court found that the two were merely acting on instructions from their superiors and despite being negligent, their actions could not be said to amount to theft by public servant or money laundering.
The two were, therefore, acquitted of the offenses laid against them and the convictions were quashed.
For Kapoko, Kaoma and Musaba, the court found that their grounds of appeal failed because the prosecution proved its case against the trio.

In quashing the mode of the sentence, the judges said that the mode of sentencing passed by the Magistrate came with a sense of shock to them because it was not the right principle to order that the sentences run consecutively.
“We quash the mode for sentencing to run consecutively instead of concurrent. The sentencing came to us with a sense of shock because the correct principle is that they should run concurrently,” Justice Chisunka said.
The court said the lower court could not be faulted for imposing a custodial sentence instead of a fine as there were aggravating circumstances, considering that there was the commercial gain from the theft through the proceeds of crime.
Justice Chisunka said the grand theft by the trio led to the donors pulling out, with the vulnerable not accessing proper medical care.
In this matter, Kapoko, Kaoma, Musaba, Phiri and were facing 20 counts of theft by public servant involving over K6.8 million.
The suspects were also facing 49 counts of money laundering involving 24 vehicles, two lodges, three houses, a filling station and several bank accounts, among other things.
Magistrate Zulu found them guilty and sentenced them to nine years imprisonment on each of the two counts but the five being dissatisfied, appealed to the High Court.
With respect to the statutory judgement and the forfeiture orders against Henry Mulenga Kapoko, Zukas Musonda Kaoma and Evaristo Musaba, the High Court found that the appeal lacked merit and consequently dismissed it.
This means that the forfeited properties from Kapoko, Kaoma and Musaba will be retained by the State and that the process of recovering the stolen K6million from the three convicts will proceed accordingly.
Meanwhile, the Court allowed the appeal relating to Kapoko’s ownership of a Toyota Lexus Registration number 2336 and subsequently ordered that he is given back the vehicle.
Represented by Lusaka lawyer, Kelvin Bwalya Fube, Kapoko and four others were in 2009 arrested by the Anti-Corruption Commission.

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