By Esther Chisola
The Lusaka Magistrates’ Court has convicted and sentenced former Home Affairs minister Stephen Kampyongo’s wife, Wanziya Chairwa to 3-years simple imprisonment after she was found guilty of being in possession of property suspected of being proceeds of crime.
And the court has acquitted Kampyongo in four counts where he was facing the same charges while his wife has been acquitted in four other charges.
In this matter, Kampyongo and his wife were facing 12 counts of possession of property suspected to be proceeds of crime worth over K26 million before the Economic and Financial Crimes Court.
When the matter came up for judgement before magistrate Silvia Munyinya today, she ruled that the state failed to prove that indeed Kampyongo acquired his properties through proceeds of crime and therefore, acquitted him on all counts.
“I find A1 not guilty in count one, two, three and four and therefore, acquit him. And I find A2 not guilty in counts 1, 5, 6, and 10 and I therefore acquit her. However, I find her guilty in count 7, 8, 9, 11 and 12 and convict her accordingly,” Munyinya said.
In her mitigation through her lawyer Leon Lemba, Chirwa submitted that she was a first offender entitled to leniency.
“She is the first offender and is entitled to leniency of this court. Section 71 sub section 71 of the forfeiture of the proceeds of crime act paragraph (a) only provides for a maximum sentence. It does not provide for the mandatory minimum,” said Lemba.
“Sub section 1 paragraph b of the same provision has contemplated a fine where the convict is the first offender. Suggesting that under the said act, this court having no restrictions as to the mandatory sentence, they can impose a custodian sentence such as “in passion of a fine”.
In her ruling, the court took into account that she was a first offender and sentenced her to three years’ simple imprisonment.
“I have taken into account that she is a first offender. I therefore, sentence her to three-years simple imprisonment to run concurrently effective today,” ruled the court.
In count one, Kampyongo and his wife, Wanziya Chirwa between January 1, 2012 and September 30, 2022 in Lusaka, jointly and whilst acting together with other persons unknown did possess an incomplete dwelling house which sits on property number F/135/4301 and property number F/179/4301 located in Eureka off Kafue Road valued at ZMW8,600,000, 00 property reasonably suspected of being proceeds of crime.
In count two, Kampyongo is alleged to have, between the same dates, jointly and whilst acting together with other persons unknown, possessed property number LUS/38467 located off Twin Palm Road, Ibex Hill valued at K1,600,000, property reasonably suspected of being proceeds of crime.
In the third count, on the same dates, it was alleged that Kampyongo, jointly and whilst acting together with other persons unknown possessed a residential house namely stand number LUS/24406 located off Lilayi Road Libala South valued at K860,000, property reasonably suspected of being proceeds of crime.
In count four, it was alleged that Kampyongo between January 1, 2012 and September 30, 2022 in Lusaka, jointly and whilst acting together with other persons unknown possessed a residential house namely stand number LUS/24406 located off Lilayi Road Libala South valued K860,000, property reasonably suspected of being proceeds of crime.
In the fifth count, Wanziya was alleged to have, between January 1, 2012 and September 30, 2022 in Lusaka, jointly and whilst acting together with other persons unknown, possessed property number F/33/A/F/2470 and property number F/33/A/F/2471 located in Meanwood Ndeke Lusaka valued at K2,100,000.00, property reasonably suspected of being proceeds of crime.
It was alleged in the sixth count, that between January 1, 2012 and September 30, in Lusaka, Wanziya, while acting together with other person’s unknown, possessed F/609/E/77/A48 and property number F/609/E/77/A48 located in Foxdale Lusaka Valued at K5,200,000.00, property reasonably suspected of being proceeds of crime.
In other counts, Wanziya was alleged to have, on the same dates, jointly and whilst acting together with other persons unknown, possessed property number L/2131/M/A/2/C1/11 valued at K1,200,000.00 property reasonably suspected of being proceeds of crime
Between January 1, 2012 and September 30, 2022 in Lusaka, jointly and whilst acting together with other persons unknown, Wanziya also allegedly possessed property number L/2131/M/A/2/C1/10 valued at K1,200,000.00 Located in Ibex Hill Lusaka, property reasonably suspected of being proceeds of crime.
In count nine, Wanziya between January 1, 2021 and September 30, 2022 jointly and whilst acting together with other persons unknown, did possess property number L/30168/M and property number L/30167/M located in Mikango Lusaka valued at K2,110,000.00, property reasonably suspected of being proceeds of crime.
It was alleged in count 10 that Wanziya, between the same dates, jointly and whilst acting together with other persons unknown did possess money amounting to K1,382,513.84 in account number 0041060000068 held at Indo Zambia Bank, property reasonably suspected of being proceeds of crime.
In count 11, Wanziya, between the same dates, jointly and whilst acting together with other persons unknown, allegedly possessed money amounting to K1,200,000.00 in account number 0041030000816 held at Indo Zambia Bank, property reasonably suspected of being proceeds of crime.
And in the last count, Wanziya between the same dates, jointly and whilst acting together with other persons unknown possessed a sum of money amounting to ZMW 4,936,500.00 in account number 0041030000816 held at Indo Zambia Bank, property reasonably suspected of being proceeds of crime.
