By Kamuti Muyambela
The investigative wings must get to those behind the K65 million and $57,000 dollars that has been possessed from Faith Chisela Musonda, says Colonel Panji Kaunda.
Speaking over the decision by the Anti-Corruption Commission (ACC) and other investigating wings to possess the said amounts, but that they would not lay criminal charges against Musonda on account that she had given full disclosure on the matter, Col Panji said the matter must not end there, but must be used to get to the real owners of the said amounts.
He said legally, the ACC was right in what they have done, as the action was synonymous to a plea bargain.
“And I am sure there has been some information given to them as to the source of those monies. I hope and pray that if that information is available that ACC, DEC, police will follow up to bring people to answer where that wealth came from,” Col Panji said in comments to Daily Revelation. “This case should not end here. I hope one of the conditions reached at is that she has given information that will lead more people being made to answer. I hope they will follow up with more investigations and give us more answers on the source of the money.”
ACC announced yesterday that they, together with Zambia Police Service, Drug Enforcement Commission and Financial Intelligence Centre had since concluded investigations involving Musonda, alias Faith Musonda in which she was found in possession of ZMW 65, 333, 046 and US$ 57, 900 which was discovered in a house in New Kasama.
“The general public is further informed that, on Friday 15th October 2021, the State, using Section 80 of the Anti-Corruption Act No.3 of 2012, entered into an undertaking not to institute criminal proceedings against Ms. Musonda on condition that she fulfils the requirements of Section 80 of the Anti-Corruption Act No3. Of 2012, which she did,” ACC stated. “Section 80 of the Act allows the State to grant amnesty to accused persons in certain instances on condition
that they admit wrongdoing and return what they wrongfully acquired through corrupt practices. The advantage of using Section 80 in cases of asset recovery is that it saves on time by eliminating the prosecution process which can be lengthy, leading to assets losing value or getting damaged, and it also
saves on the cost of investigation and prosecution.
According to Section 80 (3) of the Anti-Corruption Act No.3 of 2012, The Anti-Corruption Commission “may tender an undertaking, in writing, not to institute criminal proceedings against a person who
(a) has given a full and true disclosure of all material facts relating to past corrupt conduct and an illegal
activity by that person or others; and,
(b) has voluntarily paid, deposited or refunded all property the person acquired through corruption or illegal
activity.”
The commission stated that as required by law, Musonda has since made a full disclosure of the monies in question and has willingly surrendered the same to the State.
“She was charged with Possession of Property Reasonably Suspected to
be Proceeds of Crime contrary to Section 71 of the Forfeiture of Proceeds of Crimes Act No.19 of 2010. The State has also taken possession of the House in New Kasama, in which the money was found,” stated the commission. “The
House, property Subdivision No.4 of Subdivision B of Lot 11279/M, valued at K 6 Million was owned by OCK Investments Limited, a company in which Ms. Musonda is a majority shareholder. The property was reasonably suspected to have been proceeds of crime.”
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