By Angela Moonga
Economic Freedom Fighters (EFF) leader Kasonde Mwenda has described as embarrassing the magistrate court judgement that established that Livingstone mayor Constance Mukelabai corruptly obtained K180,000 in her role as a civic leader but still went ahead and acquitted her.
In a statement, Mwenda stated that Mukelabai’s acquittal in a corruption matter was a national embarrassment, a travesty of justice, and a dangerous confirmation that Zambia was now governed by selective application of the law under Hakainde Hichilema’s UPND leadership.
”In a shocking but revealing judgement, the Livingstone Magistrate Court expressly established that the accused, in her official capacity as Mayor, corruptly obtained a bribe amounting to K180,000.00 in exchange for securing a 100 percent remission of property rates owed to the Livingstone City Council by Zamnuka Farm Limited, a private entity,” Mwenda stated. “The Court stated:
’The State has established that the accused, in her capacity as Mayor of Livingstone, did corruptly obtain a cash gratification in the sum of K180,000.00…’ Despite this clear finding of fact, the accused was acquitted — not because corruption did not occur, but because the prosecution allegedly failed to prove the precise route through which the money reached her.”
Mwenda stated that the judgement did not uphold justice; but reduced justice to a technical escape route for the politically protected.
”The Anti-Corruption Act No. 3 of 2012 leaves no ambiguity. Corruption does not require direct hand-to-hand exchange. The law criminalizes gratification obtained directly or indirectly, through third parties, in conjunction with others, and for personal or political advantage. The facts as established by the Court clearly satisfy these statutory thresholds,” Mwenda stated. “The position of the law according to the Anti-Corruption Act, 2012 Act 3 of 2012(19): says- Corrupt practices by, or with, public officers include:
(1) A public officer who, by oneself, or by or in conjunction with, any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself
or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to any matter or transaction, actual or
proposed, with which any public body is or may be concerned, commits an offence.”
He argued that what Zambia witnessed in this case was not a failure of evidence, but a failure of political will and judicial courage.
Mwenda stated that this was even more disturbing when contrasted with the treatment of Nickson Chilangwa, a former Patriotic Front member of parliament, who was sentenced to five years’ imprisonment for an alleged arson case despite not being present at the scene of the crime.
”In the Chilangwa case: No direct evidence placed him at the scene. No material proof established his participation. Yet the courts moved swiftly and decisively to convict and imprison him. In the Mukelabai case: The Court itself confirmed that a bribe was corruptly obtained. The amount and purpose of the bribe were clearly established. Yet the accused walked free. This contrast alone demolishes any claim that justice in Zambia is blind,” Mwenda stated.
He stated that under President Hakainde Hichilema and the UPND, Zambia had descended into an era where: opposition figures were jailed on weak, circumstantial, or politically convenient cases, UPND officials are shielded even when courts establish corrupt conduct
”The 2026 General Election is a referendum on justice, equality before the law, and national integrity. A country cannot survive when guilt is proven but punishment is optional for the politically connected,” stated Mwenda. “The Economic Freedom Fighters (EFF) stand for equal justice, accountability, and the uncompromising application of the law— regardless of name, position, or party.”
