By Esther Chisola
The state has asked the Lusaka Magistrates’ Court to find former foreign affairs minister Joseph Malanji and former secretary to treasury Fredson Yamba with a case to answer in their corruption charges and place them on their defence.
In this matter, Malanji and Yamba are charged with 10 counts of willful failure to comply with laid down procedures and possession of property suspected to be proceeds of crime.
Yamba is charged with two counts of willful failure to comply with laid down procedures while Malanji is facing eight counts of being in possession of property suspected to be proceeds of crime.
In the state’s submissions on case to answer before Magistrate Ireen Wishimanga, the state submitted that the evidence adduced by the prosecution in totality would create in the mind of any reasonable person an apprehension of the state if affairs envisioned in section 71 (1) of the forfeiture of proceeds of crime act has occurred.
“We therefore, submit that the prosecution’s case was complete when prosecution witness (PW) 33 testified that he checked the second accused person’s personal and companies accounts and looked into the other sources of the second accused persons income including his allowances and earnings from parliament and none of these legitimate means paid the properties in the eight counts,” the state submitted.
“We submit that the evidence by PW 33 and the documents adduced before this court provided a prima facie proof that the property in count 3, 4, 5, 6, 7, 8, 9 and 10 that the second accused was in possession of the properties which were purchased with money whose source cannot be explained, maybe proceeds of crime.”
The state further urged the court to find a prima case against the accused persons.
“Your honour, from the evidence on record and cited law, the prosecution has shown that the first accused person wilfully failed to comply with sections 22, 30 and 76 of the Public Finance Management Act; and the procedure outlined in Article 203 of the Constitution,” stated the state.
“We urge this court to find that a prima facie case has been established against the first accused person and the second accused person to require them to be put on a defence in accordance with the law.”
On December 12, 2024, the court is set to rule on whether or not Malanji and Yamba can be placed on their defence.
