By Esther Chisola
Former Lusaka Province minister Bowman Lusambo and wife Nancy have been found with a case to answer in a matter the couple is facing 10 counts of possession of property suspected to be proceeds of crime, conspiracy to defraud and tax evasion.
When the matter came up for ruling on case or no case to answer, Lusaka Magistrate Faides Hamaundu found the couple with a case to answer.
Magistrate Hamaundu ruled that the state has proved a prima facie case against the couple.
“Having heard evidence of the prosecution witnesses and having considered the submissions filed by both prosecution and the defence I’m satisfied that the prosecution has made a prima facie case against the accused. I therefore find both of you with a case to answer in all the 10 counts,” ruled the court.
The matter comes up on August 14, for commencement of defence.
In this case, Lusambo is facing all 10 charges, while his wife is only facing four.
In count one, Lusambo is alleged to have between May 10, 2015 and December 31, 2021, in Ndola, on the Copperbelt Province, jointly and whilst acting together with other persons, unlawfully acquired property number L/39876/M in the name of Frontier Management Services Limited, which property was later conveyed to Jignesh Soni at a consideration of K880,000, for his own benefit.
In count two, it is alleged that Lusambo on March 26, 2021 in Ndola, jointly and whilst acting together with another person unknown, possessed K880,000, which he allegedly directed to be deposited in Sylvia Chongo Mutale’s FNB account No. 62346937785 domiciled at Kitwe FNB branch, property reasonably suspected to be proceeds of crime.
In the third count, it is alleged that Lusambo between May 4, 2018 and December 31, 2018 in Lusaka, jointly and whilst acting together with other unknown persons, with intent to evade tax, willfully evaded the payment of property transfer tax to Zambia Revenue Authority (ZRA) in respect of S/D B of S/D no. 2 of S/D A farm no 288a situated in Lusaka, which property was conveyed from Lusambo to Mbachi Nkwazi at a consideration of USD150,000.
In count four, Lusambo between December 1, 2018 and December 31, 2020, jointly and whilst acting together with other persons unknown, with intent to evade tax, willfully evaded the payment of property transfer tax in respect of Lot No.19884/M situated in Lusaka, which property was conveyed from Lusambo to Mbachi Nkwazi at a consideration of USD 85,000 by purporting that the said property was conveyed directly from APACHE trading Limited to Mbachi Nkwazi at a consideration of K140,000 when in fact not.
In the fifth count, Lusambo is alleged to have between January 1, 2017, and December 31, 2018, in Ndola, by means of deceit or fraud, caused the Ministry of Lands to process a Certificate of Title in respect of stand no. MASAI_1003028/218 in the names of Bowman Chilosha Lusambo, thereby evading a payment of K250,000 premium fee to Masaiti Town council.
It is alleged in the sixth count, that between August 17, 2017 and December 31, 2018 in Masaiti district on the Copperbelt Province, Lusambo whilst acting together with other persons unknown, willfully evaded the payment of property transfer tax in respect of MASAI/LN_1003028/218, which property was conveyed from Lusambo to B.E.M Motors Limited, represented by Mbachi Nkwazi at a consideration of K150,000.
In other counts, Lusambo and Nancy are alleged to have between September 1, 2021 and October 31, 2021 in Chongwe, had under their possession House no. 248 situated at Silverest gardens, valued at $60,000, property reasonably suspected of being proceeds of crime.
The couple is also alleged to have possessed US$10,000, property reasonably suspected of being proceeds of crime which was used as part payment for the purchase of House no. 282 situated at Silverest gardens, valued at $128,000.
They are also alleged to have between September 1, 2021, and October 31, 2021 in Chongwe, possessed property number HT: T3-B House no. 249 situated at Silverest gardens, valued at $60,000, reasonably suspected of being proceeds of crime.
