By Esther Chisola
Lusaka Magistrate Stanfod Ngobola has convicted and sentenced former defence minister Geoffrey Bwalya Mwamba also known as GBM to five years imprisonment with hard labour for corruption related charged.
And the court has fined Mwamba in count nine to a fine of K50,000 in default of nine months imprisonment.
In this case, Mwamba was facing eight counts of conflict of interest, one count of money laundering and 15 counts of being in possession of property suspected to be proceeds of crime.
Speaking in mitigation following the conviction, Mwamba through his lawyer Kelvin Bwalya Fube asked for leniency.
“As accepted by the prosecution, and your own acknowledgement, the accused person is a first offender. Before we discuss your discretion, I want to bring to your attention that the accused person is a married man. He has five children that have blessed him with 13 grandchildren. Today, he is sitting at the age of 65 years plus,” said Bwalya.
“The incidents leading up to this point indicate clearly that he had been a law abiding citizen with no criminal record. He has run businesses in this country and as alluded to as the witnesses especially those from the bank, his business dealings up to this point has never been flagged as a red by the bankers, business associates, or indeed, the FIC”
In passing sentence, magistrate Ngobola said Mwamba had been convicted so that he could be used as an example to his fellow ministers not to take advantage of their positions.
“I have considered the mitigation by counsel on behalf of the accused and the fact that he is a first offender who is entitled to this courts leniency. However, the offences the accused has been convicted of are serious offences. People in his position of minister would be expected to avoid anything that can facilitate pecuniary advantage,” magistrate Ngobola said.
The court further called for honest among those holding public office.
“They are also expected to be honest in serving the public and the government. Members of the public expect government officials to uphold the highest legal and moral standards. However, being a first offender as I earlier said, I will be lenient. I therefore, sentence the accused in counts one to eight to five years imprisonment with hard labour,” ruled the court.
When the matter came up for judgement, the court convicted him in 13 counts on grounds that the prosecution had satisfied the court.
The court ruled that the analysis from count one to eight showed that Mwamba failed to declare interest.
“Therefore, I find it proved that the accused was a public officer. It is not in dispute that Thandiwe Mwamba is the accused’s daughter. The prosecution through its witnesses proved to the standard that Thandiwe Mwamba had an interest in the decision. It is not in dispute that the accused in Arizona Marketing and Distributors had dealings with Curzon Global,” ruled the court.
And magistrate Ngobola also acquitted Mwamba in 11 counts.
“It is possible that the funds could have been legitimately earned. The Joint investigations team never asked PW6 the source of the money in the account. For the foregoing, I find that reasonable suspicion has not been proved. I am not satisfied that sufficient evidence was induced. The prosecution has failed to prove that, I therefore, acquit the accused,” ruled the court.
“I sentence you in count nine to a fine of K50,000 in default of nine months imprisonment. In counts 10 to 13, I sentence you to three years imprisonment with hard labour. The sentences will run concurrently”.
